Senate Bill sb0400c2

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    Florida Senate - 2003                     CS for CS for SB 400

    By the Committees on Appropriations; Health, Aging, and
    Long-Term Care; and Senator Peaden




    309-2536-03

  1                      A bill to be entitled

  2         An act relating to health programs; amending s.

  3         120.80, F.S.; exempting hearings in the Agency

  4         for Health Care Administration from the

  5         requirement of being conducted by an

  6         administrative law judge; amending s. 400.0255,

  7         F.S.; providing for certain hearings to be

  8         conducted by the agency's Office of Fair

  9         Hearings relating to resident transfer or

10         discharge; amending s. 408.15, F.S.; providing

11         authority of the agency to establish and

12         conduct Medicaid fair hearings; amending s.

13         409.91195, F.S.; revising provisions relating

14         to the establishment of the agency's preferred

15         drug list; providing for appeals of preferred

16         drug list decisions through the Office of Fair

17         Hearings; amending s. 400.0239, F.S.; providing

18         for deposit of certain federal nursing home

19         civil penalties into the Quality of Long-Term

20         Care Facility Improvement Trust Fund; providing

21         for expenditures from the fund; amending s.

22         400.071, F.S.; requiring additional information

23         from applicants for licensure to operate health

24         care facilities; amending s. 400.414, F.S.;

25         revising grounds for denial, revocation, or

26         suspension of a license; amending s. 400.419,

27         F.S.; providing for imposition of

28         administrative fines; providing grounds for

29         such fines; amending s. 400.417, F.S.; revising

30         methods of notifying a facility of the

31         necessity of renewing a license; amending s.

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 1         400.557, F.S.; revising methods of notifying

 2         adult day care centers of the necessity of

 3         renewing a license; amending s. 400.619, F.S.;

 4         providing for notification of an adult

 5         family-care home of the necessity of renewing a

 6         license and providing the method therefor;

 7         amending s. 400.980, F.S.; deleting obsolete

 8         provisions; amending s. 408.061, F.S.; revising

 9         requirements for data submission by nursing

10         homes and continuing care facilities; amending

11         s. 408.062, F.S.; revising duties of the agency

12         with respect to evaluating and monitoring data

13         and reporting its findings; amending s.

14         408.831, F.S.; providing conditions on a change

15         of ownership or a change of licensee,

16         registrant, or certificateholder; amending s.

17         409.811, F.S.; defining the term "managed care

18         plan"; amending s. 409.8132, F.S.; creating a

19         cross-reference to such definition; amending s.

20         409.91188, F.S.; authorizing the agency to

21         contract with private or public entities for

22         health care services; amending s. 409.912,

23         F.S.; revising provisions relating to

24         cost-effective purchasing of health care;

25         deleting provisions relating to preenrollments

26         by managed care plans; deleting obsolete

27         provisions; amending s. 409.901, F.S.;

28         redefining the terms "third party" and

29         "third-party benefit"; amending s. 409.905,

30         F.S.; revising standards for authorization for

31         hospital inpatient services; amending s.

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 1         409.913, F.S.; deleting a requirement that a

 2         hearing be conducted within a specified time;

 3         amending s. 409.919, F.S.; authorizing the

 4         agency to adopt rules relating to interagency

 5         agreements; amending s. 766.314, F.S.;

 6         redefining the term "infant delivered";

 7         amending s. 400.462, F.S.; redefining the terms

 8         "companion" and "sitter"; amending s. 400.464,

 9         F.S.; deleting references to regulated entities

10         other than home health agencies; increasing

11         penalties for specified violations and

12         providing penalties for persons operating home

13         health agencies who fail to cease operation

14         when directed to do so; amending s. 400.471,

15         F.S.; requiring additional information from

16         applicants for home health agency licensure;

17         amending s. 400.487, F.S.; revising

18         requirements relating to treatment orders when

19         claims are submitted to managed care

20         organizations; amending s. 400.491, F.S.;

21         deleting a requirement that home health

22         agencies maintain a service provision plan for

23         clients receiving nonskilled services; amending

24         s. 400.512, F.S., relating to screening of home

25         health agency personnel; deleting references to

26         persons employed as companions and homemakers;

27         amending s. 400.515, F.S.; revising provisions

28         relating to injunctive proceedings by the

29         agency; amending s. 415.102, F.S.; redefining

30         the term "vulnerable adult" for purposes of the

31         Adult Protective Services Act; repealing s.

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 1         400.509, F.S., relating to registration of

 2         service providers exempt from licensure;

 3         providing an effective date.

 4  

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

 6  

 7         Section 1.  Subsection (7) of section 120.80, Florida

 8  Statutes, is amended to read:

 9         120.80  Exceptions and special requirements;

10  agencies.--

11         (7)  DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND

12  AGENCY FOR HEALTH CARE ADMINISTRATION.--Notwithstanding s.

13  120.57(1)(a), hearings conducted within the Department of

14  Children and Family Services and the Agency for Health Care

15  Administration in the execution of those social and economic

16  programs administered by the former Division of Family

17  Services of the former Department of Health and Rehabilitative

18  Services prior to the reorganization effected by chapter

19  75-48, Laws of Florida, need not be conducted by an

20  administrative law judge assigned by the division.

21         Section 2.  Subsections (8), (15), and (16) of section

22  400.0255, Florida Statutes, are amended to read:

23         400.0255  Resident transfer or discharge; requirements

24  and procedures; hearings.--

25         (8)  The notice required by subsection (7) must be in

26  writing and must contain all information required by state and

27  federal law, rules, or regulations applicable to Medicaid or

28  Medicare cases. The agency shall develop a standard document

29  to be used by all facilities licensed under this part for

30  purposes of notifying residents of a discharge or transfer.

31  Such document must include a means for a resident to request

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    Florida Senate - 2003                     CS for CS for SB 400
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 1  the local long-term care ombudsman council to review the

 2  notice and request information about or assistance with

 3  initiating a fair hearing with the agency's department's

 4  Office of Fair Appeals Hearings. In addition to any other

 5  pertinent information included, the form shall specify the

 6  reason allowed under federal or state law that the resident is

 7  being discharged or transferred, with an explanation to

 8  support this action. Further, the form shall state the

 9  effective date of the discharge or transfer and the location

10  to which the resident is being discharged or transferred. The

11  form shall clearly describe the resident's appeal rights and

12  the procedures for filing an appeal, including the right to

13  request the local ombudsman council to review the notice of

14  discharge or transfer. A copy of the notice must be placed in

15  the resident's clinical record, and a copy must be transmitted

16  to the resident's legal guardian or representative and to the

17  local ombudsman council within 5 business days after signature

18  by the resident or resident designee.

19         (15)(a)  The agency's department's Office of Fair

20  Appeals Hearings shall conduct hearings under this section.

21  The office shall notify the facility of a resident's request

22  for a hearing.

23         (b)  The agency department shall, by rule, establish

24  procedures to be used for fair hearings requested by

25  residents. These procedures shall be equivalent to the

26  procedures used for fair hearings for other Medicaid cases,

27  chapter 65-2 10-2, part VI, Florida Administrative Code.  The

28  burden of proof must be clear and convincing evidence. A

29  hearing decision must be rendered within 90 days after receipt

30  of the request for hearing.

31  

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 1         (c)  If the hearing decision is favorable to the

 2  resident who has been transferred or discharged, the resident

 3  must be readmitted to the facility's first available bed.

 4         (d)  The decision of the hearing officer shall be

 5  final.  Any aggrieved party may appeal the decision to the

 6  district court of appeal in the appellate district where the

 7  facility is located.  Review procedures shall be conducted in

 8  accordance with the Florida Rules of Appellate Procedure.

 9         (16)  The agency department may adopt rules necessary

10  to administer this section.

11         Section 3.  Subsection (13) is added to section 408.15,

12  Florida Statutes, to read:

13         408.15  Powers of the agency.--In addition to the

14  powers granted to the agency elsewhere in this chapter, the

15  agency is authorized to:

16         (13)  Establish and conduct those Medicaid fair

17  hearings that are unrelated to eligibility determinations, in

18  accordance with 42 C.F.R. s. 431.200 and other applicable

19  federal and state laws.

20         Section 4.  Subsections (4) and (11) of section

21  409.91195, Florida Statutes, are amended to read:

22         409.91195  Medicaid Pharmaceutical and Therapeutics

23  Committee.--There is created a Medicaid Pharmaceutical and

24  Therapeutics Committee within the Agency for Health Care

25  Administration for the purpose of developing a preferred drug

26  formulary pursuant to 42 U.S.C. s. 1396r-8.

27         (4)  Upon recommendation of the Medicaid Pharmaceutical

28  and Therapeutics Committee, the agency shall adopt a preferred

29  drug list. To the extent feasible, the committee shall review

30  the top 75 percent of all drug classes, based on use, included

31  in the formulary at least every 12 months, and all other

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    Florida Senate - 2003                     CS for CS for SB 400
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 1  therapeutic classes biennially. The committee may recommend

 2  additions to and deletions from the formulary, such that the

 3  formulary provides for medically appropriate drug therapies

 4  for Medicaid patients which achieve cost savings contained in

 5  the General Appropriations Act.

 6         (11)  Medicaid recipients may appeal agency preferred

 7  drug list formulary decisions using the Medicaid fair hearing

 8  process administered by the agency's Office of Fair Hearings

 9  Department of Children and Family Services.

10         Section 5.  Subsections (1) and (2) of section

11  400.0239, Florida Statutes, are amended to read:

12         400.0239  Quality of Long-Term Care Facility

13  Improvement Trust Fund.--

14         (1)  There is created within the Agency for Health Care

15  Administration a Quality of Long-Term Care Facility

16  Improvement Trust Fund to support activities and programs

17  directly related to improvement of the care of nursing home

18  and assisted living facility residents. The trust fund shall

19  be funded through proceeds generated pursuant to ss. 400.0238

20  and 400.4298, through funds specifically appropriated by the

21  Legislature, and through gifts, endowments, and other

22  charitable contributions allowed under federal and state law,

23  and federal nursing home civil monetary penalties collected by

24  the Centers for Medicare and Medicaid Services and returned to

25  the state. These funds must be used in accordance with federal

26  requirements.

27         (2)  Expenditures from the trust fund shall be

28  allowable for direct support of the following:

29         (a)  Development and operation of a mentoring program,

30  in consultation with the Department of Health and the

31  Department of Elderly Affairs, for increasing the competence,

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 1  professionalism, and career preparation of long-term care

 2  facility direct care staff, including nurses, nursing

 3  assistants, and social service and dietary personnel.

 4         (b)  Development and implementation of specialized

 5  training programs for long-term care facility personnel who

 6  provide direct care for residents with Alzheimer's disease and

 7  other dementias, residents at risk of developing pressure

 8  sores, and residents with special nutrition and hydration

 9  needs.

10         (c)  Areas of deficient practice identified through

11  regulation or state monitoring.

12         (d)(c)  Provision of economic and other incentives to

13  enhance the stability and career development of the nursing

14  home direct care workforce, including paid sabbaticals for

15  exemplary direct care career staff to visit facilities

16  throughout the state to train and motivate younger workers to

17  commit to careers in long-term care.

18         (e)(d)  Promotion and support for the formation and

19  active involvement of resident and family councils in the

20  improvement of nursing home care.

21         (f)  Evaluation of special resident needs in long-term

22  care facilities, including challenges in meeting resident

23  needs; appropriateness of placement and setting; and

24  deficiencies cited related to caring for special needs.

25         (g)  Other initiatives authorized by the Centers for

26  Medicare and Medicaid Services for the use of federal civil

27  monetary penalties, including projects recommended through the

28  Medicaid Up or Out program pursuant to s. 400.148.

29         Section 6.  Subsection (12) is added to section

30  400.071, Florida Statutes, to read:

31         400.071  Application for license.--

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 1         (12)  The applicant must provide the agency with proof

 2  of legal right to occupy the property before a license may be

 3  issued. Proof may include, but is not limited to, copies of

 4  warranty deeds, lease or rental agreements, contracts for

 5  deeds, or quitclaim deeds.

 6         Section 7.  Section 400.414, Florida Statutes, is

 7  amended to read:

 8         400.414  Denial, revocation, or suspension of license;

 9  imposition of administrative fine; grounds.--

10         (1)  The agency may deny, revoke, or suspend any

11  license issued under this part, or impose an administrative

12  fine in the manner provided in chapter 120, for any of the

13  following actions by an assisted living facility, for the

14  actions of any person subject to level 2 background screening

15  under s. 400.4174, or for the actions of any facility

16  employee:

17         (a)  An intentional or negligent act seriously

18  affecting the health, safety, or welfare of a resident of the

19  facility.

20         (b)  The determination by the agency that the owner

21  lacks the financial ability to provide continuing adequate

22  care to residents.

23         (c)  Misappropriation or conversion of the property of

24  a resident of the facility.

25         (d)  Failure to follow the criteria and procedures

26  provided under part I of chapter 394 relating to the

27  transportation, voluntary admission, and involuntary

28  examination of a facility resident.

29         (e)  A citation of any of the following deficiencies as

30  defined in s. 400.419:

31         1.  One or more cited class I deficiencies;

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 1         2.  Three or more cited class II deficiencies; or

 2         3.  Five or more cited class III deficiencies that have

 3  been cited on a single survey and have not been corrected

 4  within the time specified. One or more class I, three or more

 5  class II, or five or more repeated or recurring identical or

 6  similar class III violations that are similar or identical to

 7  violations which were identified by the agency within the last

 8  2 years.

 9         (f)  A determination that a person subject to level 2

10  background screening under s. 400.4174(1) does not meet the

11  screening standards of s. 435.04 or that the facility is

12  retaining an employee subject to level 1 background screening

13  standards under s. 400.4174(2) who does not meet the screening

14  standards of s. 435.03 and for whom exemptions from

15  disqualification have not been provided by the agency.

16         (g)  A determination that an employee, volunteer,

17  administrator, or owner, or person who otherwise has access to

18  the residents of a facility does not meet the criteria

19  specified in s. 435.03(2), and the owner or administrator has

20  not taken action to remove the person. Exemptions from

21  disqualification may be granted as set forth in s. 435.07. No

22  administrative action may be taken against the facility if the

23  person is granted an exemption.

24         (h)  Violation of a moratorium.

25         (i)  Failure of the license applicant, the licensee

26  during relicensure, or a licensee that holds a provisional

27  license to meet the minimum license requirements of this part,

28  or related rules, at the time of license application or

29  renewal.

30         (j)  A fraudulent statement or omission of any material

31  fact on an application for a license or any other document

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 1  required by the agency, including the submission of a license

 2  application that conceals the fact that any board member,

 3  officer, or person owning 5 percent or more of the facility

 4  may not meet the background screening requirements of s.

 5  400.4174, or that the applicant has been excluded, permanently

 6  suspended, or terminated from the Medicaid or Medicare

 7  programs.

 8         (k)  An intentional or negligent life-threatening act

 9  in violation of the uniform firesafety standards for assisted

10  living facilities or other firesafety standards that threatens

11  the health, safety, or welfare of a resident of a facility, as

12  communicated to the agency by the local authority having

13  jurisdiction or the State Fire Marshal.

14         (l)  Exclusion, permanent suspension, or termination

15  from the Medicare or Medicaid programs.

16         (m)  Knowingly operating any unlicensed facility or

17  providing without a license any service that must be licensed

18  under this chapter.

19         (n)  Any act constituting a ground upon which

20  application for a license may be denied.

21  

22  Administrative proceedings challenging agency action under

23  this subsection shall be reviewed on the basis of the facts

24  and conditions that resulted in the agency action.

25         (2)  Upon notification by the local authority having

26  jurisdiction or by the State Fire Marshal, the agency may deny

27  or revoke the license of an assisted living facility that

28  fails to correct cited fire code violations that affect or

29  threaten the health, safety, or welfare of a resident of a

30  facility.

31  

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 1         (3)  The agency may deny a license to any applicant or

 2  to any officer or board member of an applicant who is a firm,

 3  corporation, partnership, or association or who owns 5 percent

 4  or more of the facility, if the applicant, officer, or board

 5  member has or had a 25-percent or greater financial or

 6  ownership interest in any other facility licensed under this

 7  part, or in any entity licensed by this state or another state

 8  to provide health or residential care, which facility or

 9  entity during the 5 years prior to the application for a

10  license closed due to financial inability to operate; had a

11  receiver appointed or a license denied, suspended, or revoked;

12  was subject to a moratorium on admissions; had an injunctive

13  proceeding initiated against it; or has an outstanding fine

14  assessed under this chapter.

15         (4)  The agency shall deny or revoke the license of an

16  assisted living facility that has two or more class I

17  violations that are similar or identical to violations

18  identified by the agency during a survey, inspection,

19  monitoring visit, or complaint investigation occurring within

20  the previous 2 years.

21         (5)  An action taken by the agency to suspend, deny, or

22  revoke a facility's license under this part, in which the

23  agency claims that the facility owner or an employee of the

24  facility has threatened the health, safety, or welfare of a

25  resident of the facility be heard by the Division of

26  Administrative Hearings of the Department of Management

27  Services within 120 days after receipt of the facility's

28  request for a hearing, unless that time limitation is waived

29  by both parties. The administrative law judge must render a

30  decision within 30 days after receipt of a proposed

31  recommended order.

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 1         (6)  The agency shall provide to the Division of Hotels

 2  and Restaurants of the Department of Business and Professional

 3  Regulation, on a monthly basis, a list of those assisted

 4  living facilities that have had their licenses denied,

 5  suspended, or revoked or that are involved in an appellate

 6  proceeding pursuant to s. 120.60 related to the denial,

 7  suspension, or revocation of a license.

 8         (7)  Agency notification of a license suspension or

 9  revocation, or denial of a license renewal, shall be posted

10  and visible to the public at the facility.

11         (8)  The agency may issue a temporary license pending

12  final disposition of a proceeding involving the suspension or

13  revocation of an assisted living facility license.

14         Section 8.  Section 400.419, Florida Statutes, is

15  amended to read:

16         400.419  Violations; administrative fines; imposition

17  of administrative fines; grounds.--

18         (1)  The agency shall impose an administrative fine in

19  the manner provided in chapter 120 for any of the actions or

20  violations as set forth within this section by an assisted

21  living facility, for the actions of any persons subject to

22  level 2 background screening under s. 400.4174, for the

23  actions of any facility employee, or for an intentional or

24  negligent act seriously affecting the health, safety, or

25  welfare of a resident of the facility.

26         (2)(1)  Each violation of this part and adopted rules

27  shall be classified according to the nature of the violation

28  and the gravity of its probable effect on facility residents.

29  The agency shall indicate the classification on the written

30  notice of the violation as follows:

31  

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 1         (a)  Class "I" violations are those conditions or

 2  occurrences related to the operation and maintenance of a

 3  facility or to the personal care of residents which the agency

 4  determines present an imminent danger to the residents or

 5  guests of the facility or a substantial probability that death

 6  or serious physical or emotional harm would result therefrom.

 7  The condition or practice constituting a class I violation

 8  shall be abated or eliminated within 24 hours, unless a fixed

 9  period, as determined by the agency, is required for

10  correction. The agency shall impose an administrative fine for

11  a cited class I violation is subject to an administrative fine

12  in an amount not less than $5,000 and not exceeding $10,000

13  for each violation.  A fine may be levied notwithstanding the

14  correction of the violation.

15         (b)  Class "II" violations are those conditions or

16  occurrences related to the operation and maintenance of a

17  facility or to the personal care of residents which the agency

18  determines directly threaten the physical or emotional health,

19  safety, or security of the facility residents, other than

20  class I violations. The agency shall impose an administrative

21  fine for a cited class II violation is subject to an

22  administrative fine in an amount not less than $1,000 and not

23  exceeding $5,000 for each violation. A fine shall be levied

24  notwithstanding the correction of the violation A citation for

25  a class II violation must specify the time within which the

26  violation is required to be corrected.

27         (c)  Class "III" violations are those conditions or

28  occurrences related to the operation and maintenance of a

29  facility or to the personal care of residents which the agency

30  determines indirectly or potentially threaten the physical or

31  emotional health, safety, or security of facility residents,

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 1  other than class I or class II violations. The agency shall

 2  impose an administrative fine for a cited class III violation

 3  in an amount is subject to an administrative fine of not less

 4  than $500 and not exceeding $1,000 for each violation.  A

 5  citation for a class III violation must specify the time

 6  within which the violation is required to be corrected. If a

 7  class III violation is corrected within the time specified, no

 8  fine may be imposed, unless it is a repeated offense.

 9         (d)  Class "IV" violations are those conditions or

10  occurrences related to the operation and maintenance of a

11  building or to required reports, forms, or documents that do

12  not have the potential of negatively affecting residents.

13  These violations are of a type that the agency determines do

14  not threaten the health, safety, or security of residents of

15  the facility.  The agency shall impose an administrative fine

16  for a cited class IV violation in an amount A facility that

17  does not correct a class IV violation within the time

18  specified in the agency-approved corrective action plan is

19  subject to an administrative fine of not less than $100 nor

20  more than $200 for each violation. A citation for a class IV

21  violation must specify the time within which the violation is

22  required to be corrected. If a class IV violation is corrected

23  within the time specified, no fine shall be imposed. Any class

24  IV violation that is corrected during the time an agency

25  survey is being conducted will be identified as an agency

26  finding and not as a violation.

27         (3)(2)  In determining if a penalty is to be imposed

28  and in fixing the amount of the fine, the agency shall

29  consider the following factors:

30         (a)  The gravity of the violation, including the

31  probability that death or serious physical or emotional harm

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 1  to a resident will result or has resulted, the severity of the

 2  action or potential harm, and the extent to which the

 3  provisions of the applicable laws or rules were violated.

 4         (b)  Actions taken by the owner or administrator to

 5  correct violations.

 6         (c)  Any previous violations.

 7         (d)  The financial benefit to the facility of

 8  committing or continuing the violation.

 9         (e)  The licensed capacity of the facility.

10         (4)(3)  Each day of continuing violation after the date

11  fixed for termination of the violation, as ordered by the

12  agency, constitutes an additional, separate, and distinct

13  violation.

14         (5)(4)  Any action taken to correct a violation shall

15  be documented in writing by the owner or administrator of the

16  facility and verified through followup visits by agency

17  personnel. The agency may impose a fine and, in the case of an

18  owner-operated facility, revoke or deny a facility's license

19  when a facility administrator fraudulently misrepresents

20  action taken to correct a violation.

21         (6)(5)  For fines that are upheld following

22  administrative or judicial review, the violator shall pay the

23  fine, plus interest at the rate as specified in s. 55.03, for

24  each day beyond the date set by the agency for payment of the

25  fine.

26         (7)(6)  Any unlicensed facility that continues to

27  operate after agency notification is subject to a $1,000 fine

28  per day.

29         (8)(7)  Any licensed facility whose owner or

30  administrator concurrently operates an unlicensed facility

31  shall be subject to an administrative fine of $5,000 per day.

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 1         (9)(8)  Any facility whose owner fails to apply for a

 2  change-of-ownership license in accordance with s. 400.412 and

 3  operates the facility under the new ownership is subject to a

 4  fine of $5,000.

 5         (10)(9)  In addition to any administrative fines

 6  imposed, the agency may assess a survey fee, equal to the

 7  lesser of one half of the facility's biennial license and bed

 8  fee or $500, to cover the cost of conducting initial complaint

 9  investigations that result in the finding of a violation that

10  was the subject of the complaint or monitoring visits

11  conducted under s. 400.428(3)(c) to verify the correction of

12  the violations.

13         (11)(10)  The agency, as an alternative to or in

14  conjunction with an administrative action against a facility

15  for violations of this part and adopted rules, shall make a

16  reasonable attempt to discuss each violation and recommended

17  corrective action with the owner or administrator of the

18  facility, prior to written notification. The agency, instead

19  of fixing a period within which the facility shall enter into

20  compliance with standards, may request a plan of corrective

21  action from the facility which demonstrates a good faith

22  effort to remedy each violation by a specific date, subject to

23  the approval of the agency.

24         (12)(11)  Administrative fines paid by any facility

25  under this section shall be deposited into the Health Care

26  Trust Fund and expended as provided in s. 400.418.

27         (13)(12)  The agency shall develop and disseminate an

28  annual list of all facilities sanctioned or fined $5,000 or

29  more for violations of state standards, the number and class

30  of violations involved, the penalties imposed, and the current

31  status of cases. The list shall be disseminated, at no charge,

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 1  to the Department of Elderly Affairs, the Department of

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

 3  area agencies on aging, the Florida Statewide Advocacy

 4  Council, and the state and local ombudsman councils. The

 5  Department of Children and Family Services shall disseminate

 6  the list to service providers under contract to the department

 7  who are responsible for referring persons to a facility for

 8  residency. The agency may charge a fee commensurate with the

 9  cost of printing and postage to other interested parties

10  requesting a copy of this list.

11         Section 9.  Subsection (1) of section 400.417, Florida

12  Statutes, is amended to read:

13         400.417  Expiration of license; renewal; conditional

14  license.--

15         (1)  Biennial licenses, unless sooner suspended or

16  revoked, shall expire 2 years from the date of issuance.

17  Limited nursing, extended congregate care, and limited mental

18  health licenses shall expire at the same time as the

19  facility's standard license, regardless of when issued. The

20  agency shall notify the facility by certified mail at least

21  120 days prior to expiration that a renewal license is

22  necessary to continue operation. The notification must be

23  provided electronically or by mail delivery. Ninety days prior

24  to the expiration date, an application for renewal shall be

25  submitted to the agency. Fees must be prorated.  The failure

26  to file a timely renewal application shall result in a late

27  fee charged to the facility in an amount equal to 50 percent

28  of the current fee.

29         Section 10.  Subsection (1) of section 400.557, Florida

30  Statutes, is amended to read:

31  

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 1         400.557  Expiration of license; renewal; conditional

 2  license or permit.--

 3         (1)  A license issued for the operation of an adult day

 4  care center, unless sooner suspended or revoked, expires 2

 5  years after the date of issuance.  The agency shall notify a

 6  licensee by certified mail, return receipt requested, at least

 7  120 days before the expiration date that license renewal is

 8  required to continue operation. The notification must be

 9  provided electronically or by mail delivery. At least 90 days

10  prior to the expiration date, an application for renewal must

11  be submitted to the agency. A license shall be renewed, upon

12  the filing of an application on forms furnished by the agency,

13  if the applicant has first met the requirements of this part

14  and of the rules adopted under this part. The applicant must

15  file with the application satisfactory proof of financial

16  ability to operate the center in accordance with the

17  requirements of this part and in accordance with the needs of

18  the participants to be served and an affidavit of compliance

19  with the background screening requirements of s. 400.5572.

20         Section 11.  Subsection (3) of section 400.619, Florida

21  Statutes, is amended to read:

22         400.619  Licensure application and renewal.--

23         (3)  The agency shall notify a licensee at least 120

24  days before the expiration date that license renewal is

25  required to continue operation. The notification must be

26  provided electronically or by mail delivery. Application for a

27  license or annual license renewal must be made on a form

28  provided by the agency, signed under oath, and must be

29  accompanied by a licensing fee of $100 per year.

30         Section 12.  Paragraph (h) of subsection (4) of section

31  400.980, Florida Statutes, is repealed.

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 1         Section 13.  Subsections (4) and (6) of section

 2  408.061, Florida Statutes, are amended to read:

 3         408.061  Data collection; uniform systems of financial

 4  reporting; information relating to physician charges;

 5  confidential information; immunity.--

 6         (4)(a)  Within 120 days after the end of its fiscal

 7  year, each health care facility, excluding nursing homes and

 8  continuing care facilities as defined in s. 408.07(23) and

 9  (36), shall file with the agency, on forms adopted by the

10  agency and based on the uniform system of financial reporting,

11  its actual financial experience for that fiscal year,

12  including expenditures, revenues, and statistical measures.

13  Such data may be based on internal financial reports which are

14  certified to be complete and accurate by the provider.

15  However, hospitals' actual financial experience shall be their

16  audited actual experience. Nursing homes that do not

17  participate in the Medicare or Medicaid programs shall also

18  submit audited actual experience. Every nursing home shall

19  submit to the agency, in a format designated by the agency, a

20  statistical profile of the nursing home residents. The agency,

21  in conjunction with the Department of Elderly Affairs and the

22  Department of Health, shall review these statistical profiles

23  and develop recommendations for the types of residents who

24  might more appropriately be placed in their homes or other

25  noninstitutional settings.

26         (b)  Each nursing home shall also submit a schedule of

27  the charges in effect at the beginning of the fiscal year and

28  any changes that were made during the fiscal year.  A nursing

29  home which is certified under Title XIX of the Social Security

30  Act and files annual Medicaid cost reports may substitute

31  copies of such reports and any Medicaid audits to the agency

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 1  in lieu of a report and audit required under this subsection.

 2  For such facilities, the agency may require only information

 3  in compliance with this chapter that is not contained in the

 4  Medicaid cost report. Facilities that are certified under

 5  Title XVIII, but not Title XIX, of the Social Security Act

 6  must submit a report as developed by the agency.  This report

 7  shall be substantially the same as the Medicaid cost report

 8  and shall not require any more information than is contained

 9  in the Medicare cost report unless that information is

10  required of all nursing homes.  The audit under Title XVIII

11  shall satisfy the audit requirement under this subsection.

12         (6)  Any nursing home which assesses residents a

13  separate charge for personal laundry services shall submit to

14  the agency data on the monthly charge for such services,

15  excluding drycleaning.  For facilities that charge based on

16  the amount of laundry, the most recent schedule of charges and

17  the average monthly charge shall be submitted to the agency.

18         Section 14.  Subsection (2) of section 408.062, Florida

19  Statutes, is repealed.

20         Section 15.  Present subsection (2) of section 408.831,

21  Florida Statutes, is renumbered as subsection (3), and a new

22  subsection (2) is added to that section, to read:

23         408.831  Denial, suspension, or revocation of a

24  license, registration, certificate, or application.--

25         (2)  In reviewing any application requesting a change

26  of ownership or change of the licensee, registrant, or

27  certificateholder, the transferor shall, prior to agency

28  approval of the change, repay or make arrangements to repay

29  any amounts owed to the agency. If the transferor fails to

30  repay or make arrangements to repay the amounts owed to the

31  agency, the issuance of a license, registration, or

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 1  certificate to the transferee shall be delayed until repayment

 2  or until arrangements for repayment are made.

 3         Section 16.  Present subsections (17) through (27) of

 4  section 409.811, Florida Statutes, are renumbered as

 5  subsections (18) through (28), respectively, and a new

 6  subsection (17) is added to that section, to read:

 7         409.811  Definitions relating to Florida Kidcare

 8  Act.--As used in ss. 409.810-409.820, the term:

 9         (17)  "Managed care plan" means a health maintenance

10  organization authorized pursuant to chapter 641 or a prepaid

11  health plan authorized pursuant to s. 409.912.

12         Section 17.  Subsection (7) of section 409.8132,

13  Florida Statutes, is amended to read:

14         409.8132  Medikids program component.--

15         (7)  ENROLLMENT.--Enrollment in the Medikids program

16  component may only occur during periodic open enrollment

17  periods as specified by the agency. An applicant may apply for

18  enrollment in the Medikids program component and proceed

19  through the eligibility determination process at any time

20  throughout the year. However, enrollment in Medikids shall not

21  begin until the next open enrollment period; and a child may

22  not receive services under the Medikids program until the

23  child is enrolled in a managed care plan, as defined in s.

24  409.811, or in MediPass. In addition, once determined

25  eligible, an applicant may receive choice counseling and

26  select a managed care plan or MediPass. The agency may

27  initiate mandatory assignment for a Medikids applicant who has

28  not chosen a managed care plan or MediPass provider after the

29  applicant's voluntary choice period ends. An applicant may

30  select MediPass under the Medikids program component only in

31  counties that have fewer than two managed care plans available

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 1  to serve Medicaid recipients and only if the federal Health

 2  Care Financing Administration determines that MediPass

 3  constitutes "health insurance coverage" as defined in Title

 4  XXI of the Social Security Act.

 5         Section 18.  Section 409.91188, Florida Statutes, is

 6  amended to read:

 7         409.91188  Specialty prepaid health plans for Medicaid

 8  recipients with HIV or AIDS.--

 9         (1)  The Agency for Health Care Administration shall

10  issue a request for proposal or intent to implement a is

11  authorized to contract with specialty prepaid health plans

12  authorized pursuant to subsection (2) of this section and to

13  pay them on a prepaid capitated basis to provide Medicaid

14  benefits to Medicaid-eligible recipients who have human

15  immunodeficiency syndrome (HIV) or acquired immunodeficiency

16  syndrome (AIDS). The agency shall apply for or amend existing

17  applications for and is authorized to implement federal

18  waivers or other necessary federal authorization to implement

19  the prepaid health plans authorized by this section. The

20  agency shall procure the specialty prepaid health plans

21  through a competitive procurement. In awarding a contract to a

22  managed care plan, the agency shall take into account price,

23  quality, accessibility, linkages to community-based

24  organizations, and the comprehensiveness of the benefit

25  package offered by the plan. The agency may bid the HIV/AIDS

26  specialty plans on a county, regional, or statewide basis.

27  Qualified plans must be licensed under chapter 641. The agency

28  shall monitor and evaluate the implementation of this waiver

29  program if it is approved by the Federal Government and shall

30  report on its status to the President of the Senate and the

31  Speaker of the House of Representatives by February 1, 2001.

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 1  To improve coordination of medical care delivery and to

 2  increase cost efficiency for the Medicaid program in treating

 3  HIV disease, the Agency for Health Care Administration shall

 4  seek all necessary federal waivers to allow participation in

 5  the Medipass HIV disease management program for Medicare

 6  beneficiaries who test positive for HIV infection and who also

 7  qualify for Medicaid benefits such as prescription medications

 8  not covered by Medicare.

 9         (2)  The agency may contract with any public or private

10  entity authorized by this section on a prepaid or fixed-sum

11  basis for the provision of health care services to recipients.

12  An entity may provide prepaid services to recipients, either

13  directly or through arrangements with other entities. Each

14  entity shall:

15         (a)  Be organized primarily for the purpose of

16  providing health care or other services of the type regularly

17  offered to Medicaid recipients in compliance with federal

18  laws.

19         (b)  Ensure that services meet the standards set by the

20  agency for quality, appropriateness, and timeliness.

21         (c)  Make provisions satisfactory to the agency for

22  insolvency protection and ensure that neither enrolled

23  Medicaid recipients nor the agency is liable for the debts of

24  the entity.

25         (d)  Provide to the agency a financial plan that

26  ensures fiscal soundness and that may include provisions

27  pursuant to which the entity and the agency share in the risk

28  of providing health care services. The contractual arrangement

29  between an entity and the agency shall provide for risk

30  sharing. The agency may bear the cost of providing certain

31  services when those costs exceed established risk limits or

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 1  arrangements whereby certain services are specifically

 2  excluded under the terms of the contract between an entity and

 3  the agency.

 4         (e)  Provide, through contract or otherwise, for

 5  periodic review of its medical facilities and services, as

 6  required by the agency.

 7         (f)  Furnish evidence satisfactory to the agency of

 8  adequate liability insurance coverage or an adequate plan of

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

10  of the furnishing of health care.

11         (g)  Provides organizational, operational, financial,

12  and other information required by the agency.

13         Section 19.  Section 409.912, Florida Statutes, is

14  amended to read:

15         409.912  Cost-effective purchasing of health care.--The

16  agency shall purchase goods and services for Medicaid

17  recipients in the most cost-effective manner consistent with

18  the delivery of quality medical care.  The agency shall

19  maximize the use of prepaid per capita and prepaid aggregate

20  fixed-sum basis services when appropriate and other

21  alternative service delivery and reimbursement methodologies,

22  including competitive bidding pursuant to s. 287.057, designed

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

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

25  minimize the exposure of recipients to the need for acute

26  inpatient, custodial, and other institutional care and the

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

28  agency may establish prior authorization requirements for

29  certain populations of Medicaid beneficiaries, certain drug

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

31  and possible dangerous drug interactions. The Pharmaceutical

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 1  and Therapeutics Committee shall make recommendations to the

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

 3  agency shall inform the Pharmaceutical and Therapeutics

 4  Committee of its decisions regarding drugs subject to prior

 5  authorization.

 6         (1)  The agency may enter into agreements with

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

 8  the Federal Government and accept such duties in respect to

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

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

11  409.901-409.920.

12         (2)  The agency may contract with health maintenance

13  organizations certified pursuant to part I of chapter 641 for

14  the provision of services to recipients.

15         (3)  The agency may contract with:

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

17  services other than Medicaid services under contract with the

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

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

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

21  to recipients, which entity may provide such prepaid services

22  either directly or through arrangements with other providers.

23  Such prepaid health care services entities must be licensed

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

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

26  recognized under this paragraph which demonstrates to the

27  satisfaction of the Department of Insurance that it is backed

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

29  located may be exempted from s. 641.225.

30         (b)  An entity that is providing comprehensive

31  behavioral health care services to certain Medicaid recipients

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 1  through a capitated, prepaid arrangement pursuant to the

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

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

 4  641 and must possess the clinical systems and operational

 5  competence to manage risk and provide comprehensive behavioral

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

 7  the term "comprehensive behavioral health care services" means

 8  covered mental health and substance abuse treatment services

 9  that are available to Medicaid recipients. The secretary of

10  the Department of Children and Family Services shall approve

11  provisions of procurements related to children in the

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

13  in a prepaid behavioral health plan. Any contract awarded

14  under this paragraph must be competitively procured. In

15  developing the behavioral health care prepaid plan procurement

16  document, the agency shall ensure that the procurement

17  document requires the contractor to develop and implement a

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

19  provided to residents of licensed assisted living facilities

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

21  ensure that Medicaid recipients have available the choice of

22  at least two managed care plans for their behavioral health

23  care services. To ensure unimpaired access to behavioral

24  health care services by Medicaid recipients, all contracts

25  issued pursuant to this paragraph shall require 80 percent of

26  the capitation paid to the managed care plan, including health

27  maintenance organizations, to be expended for the provision of

28  behavioral health care services. In the event the managed care

29  plan expends less than 80 percent of the capitation paid

30  pursuant to this paragraph for the provision of behavioral

31  health care services, the difference shall be returned to the

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 1  agency. The agency shall provide the managed care plan with a

 2  certification letter indicating the amount of capitation paid

 3  during each calendar year for the provision of behavioral

 4  health care services pursuant to this section. The agency may

 5  reimburse for substance-abuse-treatment services on a

 6  fee-for-service basis until the agency finds that adequate

 7  funds are available for capitated, prepaid arrangements.

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

 9  contracts with the entities providing comprehensive inpatient

10  and outpatient mental health care services to Medicaid

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

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

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

14  with entities providing comprehensive behavioral health care

15  services to Medicaid recipients through capitated, prepaid

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

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

18  and Walton Counties. The agency may contract with entities

19  providing comprehensive behavioral health care services to

20  Medicaid recipients through capitated, prepaid arrangements in

21  Alachua County. The agency may determine if Sarasota County

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

23  any other agency geographic area.

24         3.  Children residing in a Department of Juvenile

25  Justice residential program approved as a Medicaid behavioral

26  health overlay services provider shall not be included in a

27  behavioral health care prepaid health plan pursuant to this

28  paragraph.

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

30  agency shall in its procurement document require an entity

31  providing comprehensive behavioral health care services to

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 1  prevent the displacement of indigent care patients by

 2  enrollees in the Medicaid prepaid health plan providing

 3  behavioral health care services from facilities receiving

 4  state funding to provide indigent behavioral health care, to

 5  facilities licensed under chapter 395 which do not receive

 6  state funding for indigent behavioral health care, or

 7  reimburse the unsubsidized facility for the cost of behavioral

 8  health care provided to the displaced indigent care patient.

 9         5.  Traditional community mental health providers under

10  contract with the Department of Children and Family Services

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

12  providers licensed pursuant to chapter 395 must be offered an

13  opportunity to accept or decline a contract to participate in

14  any provider network for prepaid behavioral health services.

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

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

17  entity owned by other migrant and community health centers

18  receiving non-Medicaid financial support from the Federal

19  Government to provide health care services on a prepaid or

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

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

22  chapter 641, but shall be prohibited from serving Medicaid

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

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

25  if the entity meets the requirements specified in subsections

26  (14) and (15).

27         (d)  A provider service network No more than four

28  provider service networks for demonstration projects to test

29  Medicaid direct contracting. The demonstration projects may be

30  reimbursed on a fee-for-service or prepaid basis. A provider

31  service network which is reimbursed by the agency on a prepaid

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 1  basis shall be exempt from parts I and III of chapter 641, but

 2  must meet appropriate financial reserve, quality assurance,

 3  and patient rights requirements as established by the agency.

 4  The agency shall award contracts on a competitive bid basis

 5  and shall select bidders based upon price and quality of care.

 6  Medicaid recipients assigned to a demonstration project shall

 7  be chosen equally from those who would otherwise have been

 8  assigned to prepaid plans and MediPass. The agency is

 9  authorized to seek federal Medicaid waivers as necessary to

10  implement the provisions of this section. A demonstration

11  project awarded pursuant to this paragraph shall be for 4

12  years from the date of implementation.

13         (e)  An entity that provides comprehensive behavioral

14  health care services to certain Medicaid recipients through an

15  administrative services organization agreement. Such an entity

16  must possess the clinical systems and operational competence

17  to provide comprehensive health care to Medicaid recipients.

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

19  health care services" means covered mental health and

20  substance abuse treatment services that are available to

21  Medicaid recipients. Any contract awarded under this paragraph

22  must be competitively procured. The agency must ensure that

23  Medicaid recipients have available the choice of at least two

24  managed care plans for their behavioral health care services.

25         (f)  An entity that provides in-home physician services

26  to test the cost-effectiveness of enhanced home-based medical

27  care to Medicaid recipients with degenerative neurological

28  diseases and other diseases or disabling conditions associated

29  with high costs to Medicaid. The program shall be designed to

30  serve very disabled persons and to reduce Medicaid reimbursed

31  costs for inpatient, outpatient, and emergency department

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 1  services. The agency shall contract with vendors on a

 2  risk-sharing basis.

 3         (g)  Children's or adult's provider networks that

 4  provide care coordination and care management for

 5  Medicaid-eligible pediatric patients, primary care,

 6  authorization of specialty care, and other urgent and

 7  emergency care through organized providers designed to service

 8  Medicaid eligibles under age 18 and pediatric emergency

 9  department departments' diversion programs. The networks shall

10  provide after-hour operations, including evening and weekend

11  hours, to promote, when appropriate, the use of the children's

12  and adult's networks rather than hospital emergency

13  departments.

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

15  with the agency and the Department of Elderly Affairs to

16  provide health care and social services on a prepaid or

17  fixed-sum basis to elderly recipients. Such prepaid health

18  care services entities are exempt from the provisions of part

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

20  recognized under this paragraph that demonstrates to the

21  satisfaction of the Department of Insurance that it is backed

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

23  it operates may be exempted from s. 641.225.

24         (i)  A Children's Medical Services network, as defined

25  in s. 391.021.

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

27  entity otherwise authorized by this section on a prepaid or

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

29  recipients. An entity may provide prepaid services to

30  recipients, either directly or through arrangements with other

31  entities, if each entity involved in providing services:

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 1         (a)  Is organized primarily for the purpose of

 2  providing health care or other services of the type regularly

 3  offered to Medicaid recipients;

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

 5  the agency for quality, appropriateness, and timeliness;

 6         (c)  Makes provisions satisfactory to the agency for

 7  insolvency protection and ensures that neither enrolled

 8  Medicaid recipients nor the agency will be liable for the

 9  debts of the entity;

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

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

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

13  equivalent liquid assets excluding revenues from Medicaid

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

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

16         (e)  Furnishes evidence satisfactory to the agency of

17  adequate liability insurance coverage or an adequate plan of

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

19  of the furnishing of health care;

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

21  periodic review of its medical facilities and services, as

22  required by the agency; and

23         (g)  Provides organizational, operational, financial,

24  and other information required by the agency.

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

26  basis with any health insurer that:

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

28  Medicaid recipients in exchange for a premium payment paid by

29  the agency;

30         (b)  Assumes the underwriting risk; and

31  

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 1         (c)  Is organized and licensed under applicable

 2  provisions of the Florida Insurance Code and is currently in

 3  good standing with the Department of Insurance.

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

 5  basis with an exclusive provider organization to provide

 6  health care services to Medicaid recipients provided that the

 7  exclusive provider organization meets applicable managed care

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

 9  409.9128, and 627.6472, and other applicable provisions of

10  law.

11         (7)  The Agency for Health Care Administration may

12  provide cost-effective purchasing of chiropractic services on

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

14  arrangements with a statewide chiropractic preferred provider

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

16  corporation. The agency shall ensure that the benefit limits

17  and prior authorization requirements in the current Medicaid

18  program shall apply to the services provided by the

19  chiropractic preferred provider organization.

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

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

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

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

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

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

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

27  to:

28         (a)  Fraud;

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

30  including those proscribing price fixing between competitors

31  and the allocation of customers among competitors;

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 1         (c)  Commission of a felony involving embezzlement,

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

 3  destruction of records, making false statements, receiving

 4  stolen property, making false claims, or obstruction of

 5  justice; or

 6         (d)  Any crime in any jurisdiction which directly

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

 8  fixed-sum basis.

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

10  apply for waivers of applicable federal laws and regulations

11  as necessary to implement more appropriate systems of health

12  care for Medicaid recipients and reduce the cost of the

13  Medicaid program to the state and federal governments and

14  shall implement such programs, after legislative approval,

15  within a reasonable period of time after federal approval.

16  These programs must be designed primarily to reduce the need

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

18  institutional care, and other high-cost services.

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

20  waiver as authorized by this subsection, the agency shall

21  provide notice and an opportunity for public comment.  Notice

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

23  agency for advance notice and shall be published in the

24  Florida Administrative Weekly not less than 28 days prior to

25  the intended action.

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

27  appropriated to the Department of Elderly Affairs for the

28  Assisted Living for the Elderly Medicaid waiver and are not

29  expended shall be transferred to the agency to fund

30  Medicaid-reimbursed nursing home care.

31  

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 1         (10)  The agency shall establish a postpayment

 2  utilization control program designed to identify recipients

 3  who may inappropriately overuse or underuse Medicaid services

 4  and shall provide methods to correct such misuse.

 5         (11)  The agency shall develop and provide coordinated

 6  systems of care for Medicaid recipients and may contract with

 7  public or private entities to develop and administer such

 8  systems of care among public and private health care providers

 9  in a given geographic area.

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

11  operation of utilization management and incentive systems

12  designed to encourage cost-effective use services.

13         (13)(a)  The agency shall operate the Comprehensive

14  Assessment and Review (CARES) nursing facility preadmission

15  screening program to ensure that Medicaid payment for nursing

16  facility care is made only for individuals whose conditions

17  require such care and to ensure that long-term care services

18  are provided in the setting most appropriate to the needs of

19  the person and in the most economical manner possible. The

20  CARES program shall also ensure that individuals participating

21  in Medicaid home and community-based waiver programs meet

22  criteria for those programs, consistent with approved federal

23  waivers.

24         (b)  The agency shall operate the CARES program through

25  an interagency agreement with the Department of Elderly

26  Affairs.

27         (c)  Prior to making payment for nursing facility

28  services for a Medicaid recipient, the agency must verify that

29  the nursing facility preadmission screening program has

30  determined that the individual requires nursing facility care

31  and that the individual cannot be safely served in

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 1  community-based programs. The nursing facility preadmission

 2  screening program shall refer a Medicaid recipient to a

 3  community-based program if the individual could be safely

 4  served at a lower cost and the recipient chooses to

 5  participate in such program.

 6         (d)  By January 1 of each year, the agency shall submit

 7  a report to the Legislature and the Office of Long-Term-Care

 8  Policy describing the operations of the CARES program. The

 9  report must describe:

10         1.  Rate of diversion to community alternative

11  programs;

12         2.  CARES program staffing needs to achieve additional

13  diversions;

14         3.  Reasons the program is unable to place individuals

15  in less restrictive settings when such individuals desired

16  such services and could have been served in such settings;

17         4.  Barriers to appropriate placement, including

18  barriers due to policies or operations of other agencies or

19  state-funded programs; and

20         5.  Statutory changes necessary to ensure that

21  individuals in need of long-term care services receive care in

22  the least restrictive environment.

23         (14)(a)  The agency shall identify health care

24  utilization and price patterns within the Medicaid program

25  which are not cost-effective or medically appropriate and

26  assess the effectiveness of new or alternate methods of

27  providing and monitoring service, and may implement such

28  methods as it considers appropriate. Such methods may include

29  disease management initiatives, an integrated and systematic

30  approach for managing the health care needs of recipients who

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

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 1  best practices, prevention strategies, clinical-practice

 2  improvement, clinical interventions and protocols, outcomes

 3  research, information technology, and other tools and

 4  resources to reduce overall costs and improve measurable

 5  outcomes.

 6         (b)  The responsibility of the agency under this

 7  subsection shall include the development of capabilities to

 8  identify actual and optimal practice patterns; patient and

 9  provider educational initiatives; methods for determining

10  patient compliance with prescribed treatments; fraud, waste,

11  and abuse prevention and detection programs; and beneficiary

12  case management programs.

13         1.  The practice pattern identification program shall

14  evaluate practitioner prescribing patterns based on national

15  and regional practice guidelines, comparing practitioners to

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

17  Board shall consult with a panel of practicing health care

18  professionals consisting of the following: the Speaker of the

19  House of Representatives and the President of the Senate shall

20  each appoint three physicians licensed under chapter 458 or

21  chapter 459; and the Governor shall appoint two pharmacists

22  licensed under chapter 465 and one dentist licensed under

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

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

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

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

27  panel shall be responsible for evaluating treatment guidelines

28  and recommending ways to incorporate their use in the practice

29  pattern identification program. Practitioners who are

30  prescribing inappropriately or inefficiently, as determined by

31  

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 1  the agency, may have their prescribing of certain drugs

 2  subject to prior authorization.

 3         2.  The agency shall also develop educational

 4  interventions designed to promote the proper use of

 5  medications by providers and beneficiaries.

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

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

 8  of credit requirement for participating pharmacies, enhanced

 9  provider auditing practices, the use of additional fraud and

10  abuse software, recipient management programs for

11  beneficiaries inappropriately using their benefits, and other

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

13  and abuse. The initiative shall address enforcement efforts to

14  reduce the number and use of counterfeit prescriptions.

15         4.  By September 30, 2002, the agency shall contract

16  with an entity in the state to implement a wireless handheld

17  clinical pharmacology drug information database for

18  practitioners. The initiative shall be designed to enhance the

19  agency's efforts to reduce fraud, abuse, and errors in the

20  prescription drug benefit program and to otherwise further the

21  intent of this paragraph.

22         5.  The agency may apply for any federal waivers needed

23  to implement this paragraph.

24         (15)  An entity contracting on a prepaid or fixed-sum

25  basis shall, in addition to meeting any applicable statutory

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

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

28  allowable as admitted assets by the Department of Insurance,

29  and restricted funds or deposits controlled by the agency or

30  the Department of Insurance, a surplus amount equal to

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

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

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

 3  entity's surplus falls below an amount equal to

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

 5  revenues, the agency shall prohibit the entity from engaging

 6  in marketing and preenrollment activities, shall cease to

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

 8  contract until the required balance is achieved.  The

 9  requirements of this subsection do not apply:

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

11  incurred by the contracting entity; or

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

13  guaranteed in writing by a guaranteeing organization which:

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

15  assets in excess of $50 million; or

16         2.  Submits a written guarantee acceptable to the

17  agency which is irrevocable during the term of the contracting

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

19  contract, until the agency receives proof of satisfaction of

20  all outstanding obligations incurred under the contract.

21         (16)(a)  The agency may require an entity contracting

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

23  insolvency protection account with a federally guaranteed

24  financial institution licensed to do business in this state.

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

26  capitation payments made by the agency each month until a

27  maximum total of 2 percent of the total current contract

28  amount is reached. The restricted insolvency protection

29  account may be drawn upon with the authorized signatures of

30  two persons designated by the entity and two representatives

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

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

 2  the two authorized signatures of representatives of the

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

 4  obligations incurred by the entity under the prepaid contract.

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

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

 7  upon receipt of proof of satisfaction of all outstanding

 8  obligations incurred under this contract.

 9         (b)  The agency may waive the insolvency protection

10  account requirement in writing when evidence is on file with

11  the agency of adequate insolvency insurance and reinsurance

12  that will protect enrollees if the entity becomes unable to

13  meet its obligations.

14         (17)  An entity that contracts with the agency on a

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

16  services shall reimburse any hospital or physician that is

17  outside the entity's authorized geographic service area as

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

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

20  negotiated with the hospital or physician for the provision of

21  services or according to the lesser of the following:

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

23  general public by the hospital or physician; or

24         (b)  The Florida Medicaid reimbursement rate

25  established for the hospital or physician.

26         (18)  When a merger or acquisition of a Medicaid

27  prepaid contractor has been approved by the Department of

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

29  the assignment or transfer of the appropriate Medicaid prepaid

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

31  acquisition if the contractor and the other entity have been

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

 2  period, unless the agency determines that the assignment or

 3  transfer would be detrimental to the Medicaid recipients or

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

 5  not have failed accreditation or committed any material

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

 7  Medicaid contract requirements.  For purposes of this section,

 8  a merger or acquisition means a change in controlling interest

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

10         (19)  Any entity contracting with the agency pursuant

11  to this section to provide health care services to Medicaid

12  recipients is prohibited from engaging in any of the following

13  practices or activities:

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

15  not limited to, attempts to discourage participation on the

16  basis of actual or perceived health status.

17         (b)  Activities that could mislead or confuse

18  recipients, or misrepresent the organization, its marketing

19  representatives, or the agency. Violations of this paragraph

20  include, but are not limited to:

21         1.  False or misleading claims that marketing

22  representatives are employees or representatives of the state

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

24  organization by whom they are reimbursed.

25         2.  False or misleading claims that the entity is

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

27  any other organization which has not certified its endorsement

28  in writing to the entity.

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

30  recommends that a Medicaid recipient enroll with an entity.

31  

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 1         4.  Claims that a Medicaid recipient will lose benefits

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

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

 4  recipient does not enroll with the entity.

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

 6  valuable consideration for enrollment, except as authorized by

 7  subsection (21).

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

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

10  make a presentation.

11         (e)  Solicitation of Medicaid recipients by marketing

12  representatives stationed in state offices unless approved and

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

14  affected state agency when solicitation occurs in an office of

15  the state agency.  The agency shall ensure that marketing

16  representatives stationed in state offices shall market their

17  managed care plans to Medicaid recipients only in designated

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

19  recipients' activities in the state office.

20         (f)  Enrollment of Medicaid recipients.

21         (20)  The agency may impose a fine for a violation of

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

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

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

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

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

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

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

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

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

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

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

 2  action.

 3         (21)  A health maintenance organization or a person or

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

 5  agency for the provision of health care services to Medicaid

 6  recipients may not use or distribute marketing materials used

 7  to solicit Medicaid recipients, unless such materials have

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

 9  do not apply to general advertising and marketing materials

10  used by a health maintenance organization to solicit both

11  non-Medicaid subscribers and Medicaid recipients.

12         (22)  Upon approval by the agency, health maintenance

13  organizations and persons or entities exempt from chapter 641

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

15  health care services to Medicaid recipients may be permitted

16  within the capitation rate to provide additional health

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

18  practicably available, provide reasonable value to the

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

20  state.

21         (23)  The agency shall utilize the statewide health

22  maintenance organization complaint hotline for the purpose of

23  investigating and resolving Medicaid and prepaid health plan

24  complaints, maintaining a record of complaints and confirmed

25  problems, and receiving disenrollment requests made by

26  recipients.

27         (24)  The agency shall require the publication of the

28  health maintenance organization's and the prepaid health

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

30  telephone number of the statewide health maintenance

31  organization complaint hotline on each Medicaid identification

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 1  card issued by a health maintenance organization or prepaid

 2  health plan contracting with the agency to serve Medicaid

 3  recipients and on each subscriber handbook issued to a

 4  Medicaid recipient.

 5         (25)  The agency shall establish a health care quality

 6  improvement system for those entities contracting with the

 7  agency pursuant to this section, incorporating all the

 8  standards and guidelines developed by the Medicaid Bureau of

 9  the Health Care Financing Administration as a part of the

10  quality assurance reform initiative.  The system shall

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

12         (a)  Guidelines for internal quality assurance

13  programs, including standards for:

14         1.  Written quality assurance program descriptions.

15         2.  Responsibilities of the governing body for

16  monitoring, evaluating, and making improvements to care.

17         3.  An active quality assurance committee.

18         4.  Quality assurance program supervision.

19         5.  Requiring the program to have adequate resources to

20  effectively carry out its specified activities.

21         6.  Provider participation in the quality assurance

22  program.

23         7.  Delegation of quality assurance program activities.

24         8.  Credentialing and recredentialing.

25         9.  Enrollee rights and responsibilities.

26         10.  Availability and accessibility to services and

27  care.

28         11.  Ambulatory care facilities.

29         12.  Accessibility and availability of medical records,

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

31         13.  Utilization review.

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 1         14.  A continuity of care system.

 2         15.  Quality assurance program documentation.

 3         16.  Coordination of quality assurance activity with

 4  other management activity.

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

 6  elderly and disabled recipients, especially those who are at

 7  risk of institutional placement; to persons with developmental

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

 9  medical conditions.

10         (b)  Guidelines which require the entities to conduct

11  quality-of-care studies which:

12         1.  Target specific conditions and specific health

13  service delivery issues for focused monitoring and evaluation.

14         2.  Use clinical care standards or practice guidelines

15  to objectively evaluate the care the entity delivers or fails

16  to deliver for the targeted clinical conditions and health

17  services delivery issues.

18         3.  Use quality indicators derived from the clinical

19  care standards or practice guidelines to screen and monitor

20  care and services delivered.

21         (c)  Guidelines for external quality review of each

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

23  individual care review in specific situations; and followup

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

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

26  quality review function and determining how it is to operate

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

28  agency shall construct its external quality review

29  organization and entity contracts to address each of the

30  following:

31  

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 1         1.  Delineating the role of the external quality review

 2  organization.

 3         2.  Length of the external quality review organization

 4  contract with the state.

 5         3.  Participation of the contracting entities in

 6  designing external quality review organization review

 7  activities.

 8         4.  Potential variation in the type of clinical

 9  conditions and health services delivery issues to be studied

10  at each plan.

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

12  studies to be conducted for each plan.

13         6.  Methods for implementing focused studies.

14         7.  Individual care review.

15         8.  Followup activities.

16         (26)  In order to ensure that children receive health

17  care services for which an entity has already been

18  compensated, an entity contracting with the agency pursuant to

19  this section shall achieve an annual Early and Periodic

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

21  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

27  established in the corrective action plan during the specified

28  timeframe, the agency is authorized to impose appropriate

29  contract sanctions. At least annually, the agency shall

30  publicly release the EPSDT Services screening rates of each

31  

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

 2  Medicaid recipients.

 3         (27)  The agency shall perform enrollments and

 4  disenrollments for Medicaid recipients who are eligible for

 5  MediPass or managed care plans. Notwithstanding the

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

 7  may perform preenrollments of Medicaid recipients under the

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

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

10  and educational materials to a Medicaid recipient and

11  assistance in completing the application forms, but shall not

12  include actual enrollment into a managed care plan. An

13  application for enrollment shall not be deemed complete until

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

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

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

17  marketing initiatives to inform Medicaid recipients about

18  their managed care options at selected sites. The agency shall

19  report to the Legislature on the effectiveness of such

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

21  perform managed care plan and MediPass enrollment and

22  disenrollment services for Medicaid recipients and is

23  authorized to adopt rules to implement such services. The

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

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

26  for agency supervision and management of the managed care plan

27  enrollment and disenrollment contract.

28         (28)  Any lists of providers made available to Medicaid

29  recipients, MediPass enrollees, or managed care plan enrollees

30  shall be arranged alphabetically showing the provider's name

31  

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 1  and specialty and, separately, by specialty in alphabetical

 2  order.

 3         (29)  The agency shall establish an enhanced managed

 4  care quality assurance oversight function, to include at least

 5  the following components:

 6         (a)  At least quarterly analysis and followup,

 7  including sanctions as appropriate, of managed care

 8  participant utilization of services.

 9         (b)  At least quarterly analysis and followup,

10  including sanctions as appropriate, of quality findings of the

11  Medicaid peer review organization and other external quality

12  assurance programs.

13         (c)  At least quarterly analysis and followup,

14  including sanctions as appropriate, of the fiscal viability of

15  managed care plans.

16         (d)  At least quarterly analysis and followup,

17  including sanctions as appropriate, of managed care

18  participant satisfaction and disenrollment surveys.

19         (e)  The agency shall conduct regular and ongoing

20  Medicaid recipient satisfaction surveys.

21  

22  The analyses and followup activities conducted by the agency

23  under its enhanced managed care quality assurance oversight

24  function shall not duplicate the activities of accreditation

25  reviewers for entities regulated under part III of chapter

26  641, but may include a review of the finding of such

27  reviewers.

28         (30)  Each managed care plan that is under contract

29  with the agency to provide health care services to Medicaid

30  recipients shall annually conduct a background check with the

31  Florida Department of Law Enforcement of all persons with

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 1  ownership interest of 5 percent or more or executive

 2  management responsibility for the managed care plan and shall

 3  submit to the agency information concerning any such person

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

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

 6  offenses listed in s. 435.03.

 7         (31)  The agency shall, by rule, develop a process

 8  whereby a Medicaid managed care plan enrollee who wishes to

 9  enter hospice care may be disenrolled from the managed care

10  plan within 24 hours after contacting the agency regarding

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

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

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

14  disenrollment occurs.

15         (32)  The agency and entities which contract with the

16  agency to provide health care services to Medicaid recipients

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

18  provisions of s. 641.513 in providing emergency services and

19  care to Medicaid recipients and MediPass recipients.

20         (33)  All entities providing health care services to

21  Medicaid recipients shall make available, and encourage all

22  pregnant women and mothers with infants to receive, and

23  provide documentation in the medical records to reflect, the

24  following:

25         (a)  Healthy Start prenatal or infant screening.

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

27  other factors indicate need.

28         (c)  Healthy Start enhanced services in accordance with

29  the prenatal or infant screening results.

30         (d)  Immunizations in accordance with recommendations

31  of the Advisory Committee on Immunization Practices of the

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 1  United States Public Health Service and the American Academy

 2  of Pediatrics, as appropriate.

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

 4  women and their partners.

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

 6  voluntary family planning, to include discussion of all

 7  methods of contraception, as appropriate.

 8         (g)  Referral to the Special Supplemental Nutrition

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

10         (34)  Any entity that provides Medicaid prepaid health

11  plan services shall ensure the appropriate coordination of

12  health care services with an assisted living facility in cases

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

14  prepaid health plan and a resident of the assisted living

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

16  management and behavioral health services, the entity shall

17  inform the assisted living facility of the procedures to

18  follow should an emergent condition arise.

19         (35)  The agency may seek and implement federal waivers

20  necessary to provide for cost-effective purchasing of home

21  health services, private duty nursing services,

22  transportation, independent laboratory services, and durable

23  medical equipment and supplies through competitive bidding

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

25  waivers from the federal Health Care Financing Administration

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

27  exclude providers not selected through the bidding process

28  from the Medicaid provider network.

29         (36)  The Agency for Health Care Administration is

30  directed to issue a request for proposal or intent to

31  negotiate to implement on a demonstration basis an outpatient

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 1  specialty services pilot project in a rural and urban county

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

 3  "outpatient specialty services" means clinical laboratory,

 4  diagnostic imaging, and specified home medical services to

 5  include durable medical equipment, prosthetics and orthotics,

 6  and infusion therapy.

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

 8  Medicaid managed care outpatient specialty services must, at a

 9  minimum, meet the following criteria:

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

11  Insurance under part II of chapter 641.

12         2.  The entity must be experienced in providing

13  outpatient specialty services.

14         3.  The entity must demonstrate to the satisfaction of

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

16  patients.

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

18  complaints and grievance process to assist Medicaid recipients

19  enrolled in the pilot managed care program to resolve

20  complaints and grievances.

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

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

23  be to determine the cost-effectiveness and effects on

24  utilization, access, and quality of providing outpatient

25  specialty services to Medicaid recipients on a prepaid,

26  capitated basis.

27         (c)  The agency shall conduct a quality assurance

28  review of the prepaid health clinic each year that the

29  demonstration program is in effect. The prepaid health clinic

30  is responsible for all expenses incurred by the agency in

31  conducting a quality assurance review.

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

 2  outpatient specialty services to Medicaid recipients shall

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

 4  the agency, for the purpose of conducting the evaluation

 5  required in paragraph (e).

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

 7  pilot managed care program and report its findings to the

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

 9         (36)(37)  The agency shall enter into agreements with

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

11  purpose of providing vision screening.

12         (37)(38)(a)  The agency shall implement a Medicaid

13  prescribed-drug spending-control program that includes the

14  following components:

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

16  drugs for adult Medicaid recipients is limited to the

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

18  Children are exempt from this restriction. Antiretroviral

19  agents are excluded from this limitation. No requirements for

20  prior authorization or other restrictions on medications used

21  to treat mental illnesses such as schizophrenia, severe

22  depression, or bipolar disorder may be imposed on Medicaid

23  recipients. Medications that will be available without

24  restriction for persons with mental illnesses include atypical

25  antipsychotic medications, conventional antipsychotic

26  medications, selective serotonin reuptake inhibitors, and

27  other medications used for the treatment of serious mental

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

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

30  agency shall continue to provide unlimited generic drugs,

31  contraceptive drugs and items, and diabetic supplies. Although

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

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

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

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

 5  exceptions are based on prior consultation provided by the

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

 7  procedures to ensure that:

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

 9  consultation by telephone or other telecommunication device

10  within 24 hours after receipt of a request for prior

11  consultation;

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

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

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

15  and

16         c.  Except for the exception for nursing home residents

17  and other institutionalized adults and except for drugs on the

18  restricted formulary for which prior authorization may be

19  sought by an institutional or community pharmacy, prior

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

21  restriction is sought by the prescriber and not by the

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

23  an institutional setting beyond the brand-name-drug

24  restriction, such approval is authorized for 12 months and

25  monthly prior authorization is not required for that patient.

26         2.  Reimbursement to pharmacies for Medicaid prescribed

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

28  percent.

29         3.  The agency shall develop and implement a process

30  for managing the drug therapies of Medicaid recipients who are

31  using significant numbers of prescribed drugs each month. The

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

 2  comprehensive, physician-directed medical-record reviews,

 3  claims analyses, and case evaluations to determine the medical

 4  necessity and appropriateness of a patient's treatment plan

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

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

 7  Medicaid drug benefit management program shall include

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

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

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

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

12  network based on need, competitive bidding, price

13  negotiations, credentialing, or similar criteria. The agency

14  shall give special consideration to rural areas in determining

15  the size and location of pharmacies included in the Medicaid

16  pharmacy network. A pharmacy credentialing process may include

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

18  size, patient educational programs, patient consultation,

19  disease-management services, and other characteristics. The

20  agency may impose a moratorium on Medicaid pharmacy enrollment

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

22  Medicaid-participating providers.

23         5.  The agency shall develop and implement a program

24  that requires Medicaid practitioners who prescribe drugs to

25  use a counterfeit-proof prescription pad for Medicaid

26  prescriptions. The agency shall require the use of

27  standardized counterfeit-proof prescription pads by

28  Medicaid-participating prescribers or prescribers who write

29  prescriptions for Medicaid recipients. The agency may

30  implement the program in targeted geographic areas or

31  statewide.

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 1         6.  The agency may enter into arrangements that require

 2  manufacturers of generic drugs prescribed to Medicaid

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

 4  average manufacturer price for the manufacturer's generic

 5  products. These arrangements shall require that if a

 6  generic-drug manufacturer pays federal rebates for

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

 8  manufacturer must provide a supplemental rebate to the state

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

10         7.  The agency may establish a preferred drug formulary

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

12  establishment of such formulary, it is authorized to negotiate

13  supplemental rebates from manufacturers that are in addition

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

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

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

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

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

19  supplemental rebates the agency may negotiate. The agency may

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

21  competitive at lower rebate percentages. Agreement to pay the

22  minimum supplemental rebate percentage will guarantee a

23  manufacturer that the Medicaid Pharmaceutical and Therapeutics

24  Committee will consider a product for inclusion on the

25  preferred drug formulary. However, a pharmaceutical

26  manufacturer is not guaranteed placement on the formulary by

27  simply paying the minimum supplemental rebate. Agency

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

29  recommendations of the Medicaid Pharmaceutical and

30  Therapeutics Committee, as well as the price of competing

31  products minus federal and state rebates. The agency is

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 1  authorized to contract with an outside agency or contractor to

 2  conduct negotiations for supplemental rebates. For the

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

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

 5  program benefits that offset a Medicaid expenditure. Such

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

 7  disease management programs, drug product donation programs,

 8  drug utilization control programs, prescriber and beneficiary

 9  counseling and education, fraud and abuse initiatives, and

10  other services or administrative investments with guaranteed

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

12  reduction is included in the General Appropriations Act. The

13  agency is authorized to seek any federal waivers to implement

14  this initiative.

15         8.  The agency shall establish an advisory committee

16  for the purposes of studying the feasibility of using a

17  restricted drug formulary for nursing home residents and other

18  institutionalized adults. The committee shall be comprised of

19  seven members appointed by the Secretary of Health Care

20  Administration. The committee members shall include two

21  physicians licensed under chapter 458 or chapter 459; three

22  pharmacists licensed under chapter 465 and appointed from a

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

24  Pharmacy Alliance; and two pharmacists licensed under chapter

25  465.

26         9.  The Agency for Health Care Administration shall

27  expand home delivery of pharmacy products. To assist Medicaid

28  patients in securing their prescriptions and reduce program

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

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

31  drugs used by Medicaid patients with diabetes. Medicaid

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 1  recipients in the current program may obtain nondiabetes drugs

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

 3  geographic area covered by the current contract. The agency

 4  may seek and implement any federal waivers necessary to

 5  implement this subparagraph.

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

 7  extent that funds are appropriated to administer the Medicaid

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

 9  contract all or any part of this program to private

10  organizations.

11         (c)  The agency shall submit quarterly reports to the

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

13  House of Representatives which must include, but need not be

14  limited to, the progress made in implementing this subsection

15  and its effect on Medicaid prescribed-drug expenditures.

16         (38)(39)  Notwithstanding the provisions of chapter

17  287, the agency may, at its discretion, renew a contract or

18  contracts for fiscal intermediary services one or more times

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

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

21  the term of the original contract.

22         (39)(40)  The agency shall provide for the development

23  of a demonstration project by establishment in Miami-Dade

24  County of a long-term-care facility licensed pursuant to

25  chapter 395 to improve access to health care for a

26  predominantly minority, medically underserved, and medically

27  complex population and to evaluate alternatives to nursing

28  home care and general acute care for such population.  Such

29  project is to be located in a health care condominium and

30  colocated with licensed facilities providing a continuum of

31  care.  The establishment of this project is not subject to the

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 1  provisions of s. 408.036 or s. 408.039.  The agency shall

 2  report its findings to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives by

 4  January 1, 2003.

 5         Section 20.  Subsections (25) and (26) of section

 6  409.901, Florida Statutes, are amended to read:

 7         409.901  Definitions; ss. 409.901-409.920.--As used in

 8  ss. 409.901-409.920, except as otherwise specifically

 9  provided, the term:

10         (25)  "Third party" means an individual, entity, or

11  program, excluding Medicaid, that is, may be, could be, should

12  be, or has been liable for all or part of the cost of medical

13  services related to any medical assistance covered by

14  Medicaid. The term includes third party administrators and

15  pharmacy benefit managers.

16         (26)  "Third-party benefit" means any benefit that is

17  or may be available at any time through contract, court award,

18  judgment, settlement, agreement, or any arrangement between a

19  third party and any person or entity, including, without

20  limitation, a Medicaid recipient, a provider, another third

21  party, an insurer, or the agency, for any Medicaid-covered

22  injury, illness, goods, or services, including costs of

23  medical services related thereto, for personal injury or for

24  death of the recipient, but specifically excluding policies of

25  life insurance on the recipient, unless available under terms

26  of the policy to pay medical expenses prior to death.  The

27  term includes, without limitation, collateral, as defined in

28  this section, health insurance, any benefit under a health

29  maintenance organization, Neurological Injury Compensation

30  Association funds, preferred provider arrangement, a prepaid

31  health clinic, liability insurance, uninsured motorist

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 1  insurance or personal injury protection coverage, medical

 2  benefits under workers' compensation, and any obligation under

 3  law or equity to provide medical support.

 4         Section 21.  Paragraph (a) of subsection (5) of section

 5  409.905, Florida Statutes, is amended to read:

 6         409.905  Mandatory Medicaid services.--The agency may

 7  make payments for the following services, which are required

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

 9  furnished by Medicaid providers to recipients who are

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

11  were provided. Any service under this section shall be

12  provided only when medically necessary and in accordance with

13  state and federal law. Mandatory services rendered by

14  providers in mobile units to Medicaid recipients may be

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

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

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

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

19  the availability of moneys and any limitations or directions

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

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

22  for all covered services provided for the medical care and

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

24  licensed physician or dentist to a hospital licensed under

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

26  payment for inpatient hospital services for a Medicaid

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

28  days necessary to comply with the General Appropriations Act.

29         (a)  The agency is authorized to implement

30  reimbursement and utilization management reforms in order to

31  comply with any limitations or directions in the General

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 1  Appropriations Act, which may include, but are not limited to:

 2  prior authorization for inpatient psychiatric days; prior

 3  authorization for nonemergency hospital inpatient admissions

 4  for individuals 21 years of age and older; authorization of

 5  emergency and urgent-care admissions within 24 hours after

 6  admission; enhanced utilization and concurrent review programs

 7  for highly utilized services; reduction or elimination of

 8  covered days of service; adjusting reimbursement ceilings for

 9  variable costs; adjusting reimbursement ceilings for fixed and

10  property costs; and implementing target rates of increase. The

11  agency may limit prior authorization for hospital inpatient

12  services to selected diagnosis-related groups, based on an

13  analysis of the cost and potential for unnecessary

14  hospitalizations represented by certain diagnoses. Admissions

15  for normal delivery and newborns are exempt from requirements

16  for prior authorization. In implementing the provisions of

17  this section related to prior authorization, the agency shall

18  ensure that the process for authorization is accessible 24

19  hours per day, 7 days per week and authorization is

20  automatically granted when not denied within 24 4 hours after

21  the request. Authorization procedures must include steps for

22  review of denials. Upon implementing the prior authorization

23  program for hospital inpatient services, the agency shall

24  discontinue its hospital retrospective review program.

25         Section 22.  Subsection (30) of section 409.913,

26  Florida Statutes, is amended to read:

27         409.913  Oversight of the integrity of the Medicaid

28  program.--The agency shall operate a program to oversee the

29  activities of Florida Medicaid recipients, and providers and

30  their representatives, to ensure that fraudulent and abusive

31  behavior and neglect of recipients occur to the minimum extent

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 1  possible, and to recover overpayments and impose sanctions as

 2  appropriate. Beginning January 1, 2003, and each year

 3  thereafter, the agency and the Medicaid Fraud Control Unit of

 4  the Department of Legal Affairs shall submit a joint report to

 5  the Legislature documenting the effectiveness of the state's

 6  efforts to control Medicaid fraud and abuse and to recover

 7  Medicaid overpayments during the previous fiscal year. The

 8  report must describe the number of cases opened and

 9  investigated each year; the sources of the cases opened; the

10  disposition of the cases closed each year; the amount of

11  overpayments alleged in preliminary and final audit letters;

12  the number and amount of fines or penalties imposed; any

13  reductions in overpayment amounts negotiated in settlement

14  agreements or by other means; the amount of final agency

15  determinations of overpayments; the amount deducted from

16  federal claiming as a result of overpayments; the amount of

17  overpayments recovered each year; the amount of cost of

18  investigation recovered each year; the average length of time

19  to collect from the time the case was opened until the

20  overpayment is paid in full; the amount determined as

21  uncollectible and the portion of the uncollectible amount

22  subsequently reclaimed from the Federal Government; the number

23  of providers, by type, that are terminated from participation

24  in the Medicaid program as a result of fraud and abuse; and

25  all costs associated with discovering and prosecuting cases of

26  Medicaid overpayments and making recoveries in such cases. The

27  report must also document actions taken to prevent

28  overpayments and the number of providers prevented from

29  enrolling in or reenrolling in the Medicaid program as a

30  result of documented Medicaid fraud and abuse and must

31  recommend changes necessary to prevent or recover

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 1  overpayments.  For the 2001-2002 fiscal year, the agency shall

 2  prepare a report that contains as much of this information as

 3  is available to it.

 4         (30)  If a provider requests an administrative hearing

 5  pursuant to chapter 120, such hearing must be conducted within

 6  90 days following assignment of an administrative law judge,

 7  absent exceptionally good cause shown as determined by the

 8  administrative law judge or hearing officer. Upon issuance of

 9  a final order, the outstanding balance of the amount

10  determined to constitute a Medicaid the overpayment shall

11  become due. If a provider fails to make payments in full,

12  fails to enter into a satisfactory repayment plan, or fails to

13  comply with the terms of a repayment plan or settlement

14  agreement, the agency may withhold medical assistance

15  reimbursement payments until the amount due is paid in full.

16         Section 23.  Section 409.919, Florida Statutes, is

17  amended to read:

18         409.919  Rules.--The agency shall adopt any rules

19  necessary to comply with or administer ss. 409.901-409.920;

20  those rules necessary to effect and implement interagency

21  agreements between the agency and other departments; and all

22  rules necessary to comply with federal requirements. In

23  addition, the Department of Children and Family Services shall

24  adopt and accept transfer of any rules necessary to carry out

25  its responsibilities for receiving and processing Medicaid

26  applications and determining Medicaid eligibility, and for

27  assuring compliance with and administering ss.

28  409.901-409.906, as they relate to these responsibilities, and

29  any other provisions related to responsibility for the

30  determination of Medicaid eligibility.

31  

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 1         Section 24.  Paragraph (a) of subsection (4) of section

 2  766.314, Florida Statutes, is amended to read:

 3         766.314  Assessments; plan of operation.--

 4         (4)  The following persons and entities shall pay into

 5  the association an initial assessment in accordance with the

 6  plan of operation:

 7         (a)  On or before October 1, 1988, each hospital

 8  licensed under chapter 395 shall pay an initial assessment of

 9  $50 per infant delivered in the hospital during the prior

10  calendar year, as reported to the Agency for Health Care

11  Administration; provided, however, that a hospital owned or

12  operated by the state or a county, special taxing district, or

13  other political subdivision of the state shall not be required

14  to pay the initial assessment or any assessment required by

15  subsection (5).  The term "infant delivered" includes live

16  births and not stillbirths, but the term does not include

17  infants delivered by employees or agents of the Board of

18  Regents, or those born in a teaching hospital as defined in s.

19  408.07, or those born in a teaching hospital as defined in s.

20  395.806 which had been deemed by the association as being

21  exempt from assessments since fiscal year 1997 to fiscal year

22  2001.  The initial assessment and any assessment imposed

23  pursuant to subsection (5) may not include any infant born to

24  a charity patient (as defined by rule of the Agency for Health

25  Care Administration) or born to a patient for whom the

26  hospital receives Medicaid reimbursement, if the sum of the

27  annual charges for charity patients plus the annual Medicaid

28  contractuals of the hospital exceeds 10 percent of the total

29  annual gross operating revenues of the hospital.  The hospital

30  is responsible for documenting, to the satisfaction of the

31  association, the exclusion of any birth from the computation

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 1  of the assessment. Upon demonstration of financial need by a

 2  hospital, the association may provide for installment payments

 3  of assessments.

 4         Section 25.  Subsection (5) of section 400.462, Florida

 5  Statutes, is amended to read:

 6         400.462  Definitions.--As used in this part, the term:

 7         (5)  "Companion" or "sitter" means a person who

 8  provides companionship to an elderly, handicapped, or

 9  convalescent individual; cares for an elderly, handicapped, or

10  convalescent individual and accompanies such individual on

11  trips and outings; and may prepare and serve meals to such

12  individual. A companion may not provide hands-on personal care

13  to a client.

14         Section 26.  Subsections (4) and (5) of section

15  400.464, Florida Statutes, are amended to read:

16         400.464  Home health agencies to be licensed;

17  expiration of license; exemptions; unlawful acts; penalties.--

18         (4)(a)  An organization may not provide, offer, or

19  advertise home health services to the public unless the

20  organization has a valid license or is specifically exempted

21  under this part. An organization that offers or advertises to

22  the public any service for which licensure or registration is

23  required under this part must include in the advertisement the

24  license number or regulation number issued to the organization

25  by the agency.  The agency shall assess a fine of not less

26  than $100 to any licensee or registrant who fails to include

27  the license or registration number when submitting the

28  advertisement for publication, broadcast, or printing.  The

29  holder of a license issued under this part may not advertise

30  or indicate to the public that it holds a home health agency

31  

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 1  or nurse registry license other than the one it has been

 2  issued.

 3         (b)  A person who violates paragraph (a) is subject to

 4  an injunctive proceeding under s. 400.515.  A violation of

 5  paragraph (a) is a deceptive and unfair trade practice and

 6  constitutes a violation of the Florida Deceptive and Unfair

 7  Trade Practices Act under part II of chapter 501.

 8         (c)  A person who violates the provisions of paragraph

 9  (a) commits a felony misdemeanor of the third second degree,

10  punishable as provided in s. 775.082, or s. 775.083, or s.

11  775.084.  Any person who commits a second or subsequent

12  violation commits a felony misdemeanor of the second first

13  degree, punishable as provided in s. 775.082, or s. 775.083,

14  or s. 775.084.  Each day of continuing violation constitutes a

15  separate offense.

16         (d)  Any person who owns, operates, or maintains an

17  unlicensed home health agency or unlicensed nurse registry and

18  who, within 10 working days after receiving notification from

19  the agency, fails to cease operation and apply for a license

20  under this part commits a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084. Each day of continued operation is a separate

23  offense.

24         (e)  Any home health agency, as defined in this part,

25  or nurse registry that fails to cease operation after agency

26  notification may be fined $500 for each day of noncompliance.

27         (5)  The following are exempt from the licensure

28  requirements of this part:

29         (a)  A home health agency operated by the Federal

30  Government.

31  

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 1         (b)  Home health services provided by a state agency,

 2  either directly or through a contractor with:

 3         1.  The Department of Elderly Affairs.

 4         2.  The Department of Health, a community health

 5  center, or a rural health network that furnishes home visits

 6  for the purpose of providing environmental assessments, case

 7  management, health education, personal care services, family

 8  planning, or followup treatment, or for the purpose of

 9  monitoring and tracking disease.

10         3.  Services provided to persons who have developmental

11  disabilities, as defined in s. 393.063(12).

12         4.  Companion and sitter organizations that were

13  registered under s. 400.509(1) on January 1, 1999, and were

14  authorized to provide personal services under s. 393.063(33)

15  under a developmental services provider certificate on January

16  1, 1999, may continue to provide such services to past,

17  present, and future clients of the organization who need such

18  services, notwithstanding the provisions of this act.

19         5.  The Department of Children and Family Services.

20         (c)  A health care professional, whether or not

21  incorporated, who is licensed under chapter 457; chapter 458;

22  chapter 459; part I of chapter 464; chapter 467; part I, part

23  III, part V, or part X of chapter 468; chapter 480; chapter

24  486; chapter 490; or chapter 491; and who is acting alone

25  within the scope of his or her professional license to provide

26  care to patients in their homes.

27         (d)  A home health aide or certified nursing assistant

28  who is acting in his or her individual capacity, within the

29  definitions and standards of his or her occupation, and who

30  provides hands-on care to patients in their homes.

31  

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 1         (e)  An individual who acts alone, in his or her

 2  individual capacity, and who is not employed by or affiliated

 3  with a licensed home health agency or registered with a

 4  licensed nurse registry.  This exemption does not entitle an

 5  individual to perform home health services without the

 6  required professional license.

 7         (f)  The delivery of instructional services in home

 8  dialysis and home dialysis supplies and equipment.

 9         (g)  The delivery of nursing home services for which

10  the nursing home is licensed under part II of this chapter, to

11  serve its residents in its facility.

12         (h)  The delivery of assisted living facility services

13  for which the assisted living facility is licensed under part

14  III of this chapter, to serve its residents in its facility.

15         (i)  The delivery of hospice services for which the

16  hospice is licensed under part VI of this chapter, to serve

17  hospice patients admitted to its service.

18         (j)  A hospital that provides services for which it is

19  licensed under chapter 395.

20         (k)  The delivery of community residential services for

21  which the community residential home is licensed under chapter

22  419, to serve the residents in its facility.

23         (l)  A not-for-profit, community-based agency that

24  provides early intervention services to infants and toddlers.

25         (m)  Certified rehabilitation agencies and

26  comprehensive outpatient rehabilitation facilities that are

27  certified under Title 18 of the Social Security Act.

28         (n)  The delivery of adult family care home services

29  for which the adult family care home is licensed under part

30  VII of this chapter, to serve the residents in its facility.

31  

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 1         Section 27.  Subsection (2) of section 400.471, Florida

 2  Statutes, is amended to read:

 3         400.471  Application for license; fee; provisional

 4  license; temporary permit.--

 5         (2)  The applicant must file with the application

 6  satisfactory proof that the home health agency is in

 7  compliance with this part and applicable rules, including:

 8         (a)  A listing of services to be provided, either

 9  directly by the applicant or through contractual arrangements

10  with existing providers;

11         (b)  The number and discipline of professional staff to

12  be employed; and

13         (c)  Proof of financial ability to operate; and.

14         (d)  Completion of volume data questions on the renewal

15  application.

16         Section 28.  Subsection (2) of section 400.487, Florida

17  Statutes, is amended to read:

18         400.487  Home health service agreements; physician's

19  treatment orders; patient assessment; establishment and review

20  of plan of care; provision of services; orders not to

21  resuscitate.--

22         (2)  When required by the provisions of chapter 464;

23  part I, part III, or part V of chapter 468; or chapter 486,

24  the attending physician for a patient who is to receive

25  skilled care must establish treatment orders. The treatment

26  orders must be signed by the physician. If the claim is

27  submitted to a managed care organization, the treatment orders

28  shall be signed in the time allowed under the provider

29  agreement. The treatment orders shall within 30 days after the

30  start of care and must be reviewed, as frequently as the

31  patient's illness requires, by the physician in consultation

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 1  with the home health agency personnel that provide services to

 2  the patient.

 3         Section 29.  Section 400.491, Florida Statutes, is

 4  amended to read:

 5         400.491  Clinical records.--

 6         (1)  The home health agency must maintain for each

 7  patient who receives skilled care a clinical record that

 8  includes pertinent past and current medical, nursing, social

 9  and other therapeutic information, the treatment orders, and

10  other such information as is necessary for the safe and

11  adequate care of the patient.  When home health services are

12  terminated, the record must show the date and reason for

13  termination.  Such records are considered patient records

14  under s. 456.057, and must be maintained by the home health

15  agency for 5 years following termination of services.  If a

16  patient transfers to another home health agency, a copy of his

17  or her record must be provided to the other home health agency

18  upon request.

19         (2)  The home health agency must maintain for each

20  client who receives nonskilled care a service provision plan.

21  Such records must be maintained by the home health agency for

22  1 year following termination of services.

23         Section 30.  Section 400.512, Florida Statutes, is

24  amended to read:

25         400.512  Screening of home health agency personnel and;

26  nurse registry personnel; and companions and homemakers.--The

27  agency shall require employment or contractor screening as

28  provided in chapter 435, using the level 1 standards for

29  screening set forth in that chapter, for home health agency

30  personnel and; persons referred for employment by nurse

31  

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 1  registries; and persons employed by companion or homemaker

 2  services registered under s. 400.509.

 3         (1)(a)  The Agency for Health Care Administration may,

 4  upon request, grant exemptions from disqualification from

 5  employment or contracting under this section as provided in s.

 6  435.07, except for health care practitioners licensed by the

 7  Department of Health or a regulatory board within that

 8  department.

 9         (b)  The appropriate regulatory board within the

10  Department of Health, or that department itself when there is

11  no board, may, upon request of the licensed health care

12  practitioner, grant exemptions from disqualification from

13  employment or contracting under this section as provided in s.

14  435.07.

15         (2)  The administrator of each home health agency and,

16  the managing employee of each nurse registry, and the managing

17  employee of each companion or homemaker service registered

18  under s. 400.509 must sign an affidavit annually, under

19  penalty of perjury, stating that all personnel hired or,

20  contracted with, or registered on or after October 1, 1994,

21  who enter the home of a patient or client in their service

22  capacity have been screened and that its remaining personnel

23  have worked for the home health agency or registrant

24  continuously since before October 1, 1994.

25         (3)  As a prerequisite to operating as a home health

26  agency or, nurse registry, or companion or homemaker service

27  under s. 400.509, the administrator or managing employee,

28  respectively, must submit to the agency his or her name and

29  any other information necessary to conduct a complete

30  screening according to this section.  The agency shall submit

31  the information to the Department of Law Enforcement for state

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 1  processing.  The agency shall review the record of the

 2  administrator or manager with respect to the offenses

 3  specified in this section and shall notify the owner of its

 4  findings.  If disposition information is missing on a criminal

 5  record, the administrator or manager, upon request of the

 6  agency, must obtain and supply within 30 days the missing

 7  disposition information to the agency.  Failure to supply

 8  missing information within 30 days or to show reasonable

 9  efforts to obtain such information will result in automatic

10  disqualification.

11         (4)  Proof of compliance with the screening

12  requirements of chapter 435 shall be accepted in lieu of the

13  requirements of this section if the person has been

14  continuously employed or registered without a breach in

15  service that exceeds 180 days, the proof of compliance is not

16  more than 2 years old, and the person has been screened by the

17  Department of Law Enforcement. A home health agency or, nurse

18  registry, or companion or homemaker service registered under

19  s. 400.509 shall directly provide proof of compliance to

20  another home health agency or, nurse registry, or companion or

21  homemaker service registered under s. 400.509. The recipient

22  home health agency or, nurse registry, or companion or

23  homemaker service registered under s. 400.509 may not accept

24  any proof of compliance directly from the person who requires

25  screening. Proof of compliance with the screening requirements

26  of this section shall be provided upon request to the person

27  screened by the home health agencies or; nurse registries; or

28  companion or homemaker services registered under s. 400.509.

29         (5)  There is no monetary liability on the part of, and

30  no cause of action for damages arises against, a licensed home

31  health agency or, licensed nurse registry, or companion or

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 1  homemaker service registered under s. 400.509, that, upon

 2  notice that the employee or contractor has been found guilty

 3  of, regardless of adjudication, or entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under s.

 5  435.03 or under any similar statute of another jurisdiction,

 6  terminates the employee or contractor, whether or not the

 7  employee or contractor has filed for an exemption with the

 8  agency in accordance with chapter 435 and whether or not the

 9  time for filing has expired.

10         (6)  The costs of processing the statewide

11  correspondence criminal records checks must be borne by the

12  home health agency or; the nurse registry; or the companion or

13  homemaker service registered under s. 400.509, or by the

14  person being screened, at the discretion of the home health

15  agency or, nurse registry, or s. 400.509 registrant.

16         (7)(a)  It is a misdemeanor of the first degree,

17  punishable under s. 775.082 or s. 775.083, for any person

18  willfully, knowingly, or intentionally to:

19         1.  Fail, by false statement, misrepresentation,

20  impersonation, or other fraudulent means, to disclose in any

21  application for voluntary or paid employment a material fact

22  used in making a determination as to such person's

23  qualifications to be an employee under this section;

24         2.  Operate or attempt to operate an entity licensed or

25  registered under this part with persons who do not meet the

26  minimum standards for good moral character as contained in

27  this section; or

28         3.  Use information from the criminal records obtained

29  under this section for any purpose other than screening that

30  person for employment as specified in this section or release

31  

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 1  such information to any other person for any purpose other

 2  than screening for employment under this section.

 3         (b)  It is a felony of the third degree, punishable

 4  under s. 775.082, s. 775.083, or s. 775.084, for any person

 5  willfully, knowingly, or intentionally to use information from

 6  the juvenile records of a person obtained under this section

 7  for any purpose other than screening for employment under this

 8  section.

 9         Section 31.  Section 400.515, Florida Statutes, is

10  amended to read:

11         400.515  Injunction proceedings.--Notwithstanding the

12  existence or pursuit of any other remedy, the agency may

13  maintain an action in the name of the state for injunction or

14  other process to enforce the provisions of this part and rules

15  adopted to implement this part. The Agency for Health Care

16  Administration may institute injunction proceedings in a court

17  of competent jurisdiction when violation of this part or of

18  applicable rules constitutes an emergency affecting the

19  immediate health and safety of a patient or client.

20         Section 32.  Subsection (26) of section 415.102,

21  Florida Statutes, is amended to read:

22         415.102  Definitions of terms used in ss.

23  415.101-415.113.--As used in ss. 415.101-415.113, the term:

24         (26)  "Vulnerable adult" means a person 18 years of age

25  or older whose ability to perform the normal activities of

26  daily living or to provide for his or her own care or

27  protection is impaired due to a long-term mental, emotional,

28  physical, or developmental disability or dysfunctioning, or

29  brain damage, or the infirmities of aging.

30         Section 33.  Section 400.509, Florida Statutes, is

31  repealed.

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 1         Section 34.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                      CS for Senate Bill 400

 5                                 

 6  The Committee Substitute clarifies the definition of
    "vulnerable adult" include individuals whose disability is
 7  long-term.

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