Senate Bill sb0022Ae1

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    SB 22-A                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         400.179, F.S.; deleting a repeal of provisions

  4         requiring payment of certain fees upon the

  5         transfer of the leasehold license for a nursing

  6         facility; amending s. 400.23, F.S.; delaying

  7         the effective date of certain requirements

  8         concerning hours of direct care per resident

  9         for nursing home facilities; amending s.

10         409.901, F.S.; defining the term "third party"

11         to include a third-party administrator or

12         pharmacy benefits manager; amending s. 409.904,

13         F.S.; revising provisions governing the payment

14         of optional medical benefits for certain

15         Medicaid-eligible persons; amending s. 409.906,

16         F.S.; deleting provisions authorizing payment

17         for adult dental services; revising

18         requirements for hearing and visual services to

19         limit such services to persons younger than 21

20         years of age; amending s. 409.908, F.S.,

21         relating to reimbursement of Medicaid

22         providers; providing for a fee to be paid to

23         providers returning unused medications and

24         credited to the Medicaid program; conforming a

25         cross-reference; amending s. 409.9081, F.S.;

26         providing a copayment under the Medicaid

27         program for certain nonemergency hospital

28         visits; amending ss. 409.911, 409.9112,

29         409.9116, and 409.9117, F.S.; revising the

30         disproportionate share program; deleting

31         definitions; requiring the Agency for Health


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    SB 22-A                                        First Engrossed



 1         Care Administration to use actual audited data

 2         to determine the Medicaid days and charity care

 3         to be used to calculate the disproportionate

 4         share payment; revising formulas for

 5         calculating payments; revising the formula for

 6         calculating payments under the disproportionate

 7         share program for regional perinatal intensive

 8         care centers; providing for estimates of the

 9         payments under the rural disproportionate share

10         and financial assistance programs; providing a

11         formula for calculating payments under the

12         primary care disproportionate share program;

13         repealing s. 409.9119, F.S., relating to

14         disproportionate share program for specialty

15         hospitals for children; amending s. 409.912,

16         F.S.; providing for reimbursement of provider

17         service networks; removing certain requirements

18         for prior authorization for nursing home

19         residents and institutionalized adults;

20         prohibiting value-added rebates to a

21         pharmaceutical manufacturer; deleting

22         provisions authorizing certain benefits in

23         conjunction with supplemental rebates;

24         authorizing the agency to implement a

25         utilization management program for certain

26         services; amending s. 409.9122, F.S.; revising

27         the percentage of Medicaid recipients required

28         to be enrolled in managed care; amending s.

29         409.815, F.S., relating to benefits coverage;

30         specifying a maximum annual benefit for

31         children's dental services; providing for


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    SB 22-A                                        First Engrossed



 1         construction of the act in pari materia with

 2         laws enacted during the Regular Session of the

 3         Legislature; providing an effective date.

 4  

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

 6  

 7         Section 1.  Effective upon this act becoming a law,

 8  paragraph (d) of subsection (5) of section 400.179, Florida

 9  Statutes, is amended to read:

10         400.179  Sale or transfer of ownership of a nursing

11  facility; liability for Medicaid underpayments and

12  overpayments.--

13         (5)  Because any transfer of a nursing facility may

14  expose the fact that Medicaid may have underpaid or overpaid

15  the transferor, and because in most instances, any such

16  underpayment or overpayment can only be determined following a

17  formal field audit, the liabilities for any such underpayments

18  or overpayments shall be as follows:

19         (d)  Where the transfer involves a facility that has

20  been leased by the transferor:

21         1.  The transferee shall, as a condition to being

22  issued a license by the agency, acquire, maintain, and provide

23  proof to the agency of a bond with a term of 30 months,

24  renewable annually, in an amount not less than the total of 3

25  months Medicaid payments to the facility computed on the basis

26  of the preceding 12-month average Medicaid payments to the

27  facility.

28         2.  A leasehold licensee may meet the requirements of

29  subparagraph 1. by payment of a nonrefundable fee, paid at

30  initial licensure, paid at the time of any subsequent change

31  of ownership, and paid at the time of any subsequent annual


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    SB 22-A                                        First Engrossed



 1  license renewal, in the amount of 2 percent of the total of 3

 2  months' Medicaid payments to the facility computed on the

 3  basis of the preceding 12-month average Medicaid payments to

 4  the facility. If a preceding 12-month average is not

 5  available, projected Medicaid payments may be used. The fee

 6  shall be deposited into the Health Care Trust Fund and shall

 7  be accounted for separately as a Medicaid nursing home

 8  overpayment account. These fees shall be used at the sole

 9  discretion of the agency to repay nursing home Medicaid

10  overpayments. Payment of this fee shall not release the

11  licensee from any liability for any Medicaid overpayments, nor

12  shall payment bar the agency from seeking to recoup

13  overpayments from the licensee and any other liable party. As

14  a condition of exercising this lease bond alternative,

15  licensees paying this fee must maintain an existing lease bond

16  through the end of the 30-month term period of that bond.  The

17  agency is herein granted specific authority to promulgate all

18  rules pertaining to the administration and management of this

19  account, including withdrawals from the account, subject to

20  federal review and approval. This subparagraph is repealed on

21  June 30, 2003. This provision shall take effect upon becoming

22  law and shall apply to any leasehold license application.

23         a.  The financial viability of the Medicaid nursing

24  home overpayment account shall be determined by the agency

25  through annual review of the account balance and the amount of

26  total outstanding, unpaid Medicaid overpayments owing from

27  leasehold licensees to the agency as determined by final

28  agency audits.

29         b.  The agency, in consultation with the Florida Health

30  Care Association and the Florida Association of Homes for the

31  Aging, shall study and make recommendations on the minimum


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    SB 22-A                                        First Engrossed



 1  amount to be held in reserve to protect against Medicaid

 2  overpayments to leasehold licensees and on the issue of

 3  successor liability for Medicaid overpayments upon sale or

 4  transfer of ownership of a nursing facility. The agency shall

 5  submit the findings and recommendations of the study to the

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

 7  House of Representatives by January 1, 2003.

 8         3.  The leasehold licensee may meet the bond

 9  requirement through other arrangements acceptable to the

10  agency. The agency is herein granted specific authority to

11  promulgate rules pertaining to lease bond arrangements.

12         4.  All existing nursing facility licensees, operating

13  the facility as a leasehold, shall acquire, maintain, and

14  provide proof to the agency of the 30-month bond required in

15  subparagraph 1., above, on and after July 1, 1993, for each

16  license renewal.

17         5.  It shall be the responsibility of all nursing

18  facility operators, operating the facility as a leasehold, to

19  renew the 30-month bond and to provide proof of such renewal

20  to the agency annually at the time of application for license

21  renewal.

22         6.  Any failure of the nursing facility operator to

23  acquire, maintain, renew annually, or provide proof to the

24  agency shall be grounds for the agency to deny, cancel,

25  revoke, or suspend the facility license to operate such

26  facility and to take any further action, including, but not

27  limited to, enjoining the facility, asserting a moratorium, or

28  applying for a receiver, deemed necessary to ensure compliance

29  with this section and to safeguard and protect the health,

30  safety, and welfare of the facility's residents. A lease

31  agreement required as a condition of bond financing or


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    SB 22-A                                        First Engrossed



 1  refinancing under s. 154.213 by a health facilities authority

 2  or required under s. 159.30 by a county or municipality is not

 3  a leasehold for purposes of this paragraph and is not subject

 4  to the bond requirement of this paragraph.

 5         Section 2.  Paragraph (a) of subsection (3) of section

 6  400.23, Florida Statutes, is amended to read:

 7         400.23  Rules; evaluation and deficiencies; licensure

 8  status.--

 9         (3)(a)  The agency shall adopt rules providing for the

10  minimum staffing requirements for nursing homes. These

11  requirements shall include, for each nursing home facility, a

12  minimum certified nursing assistant staffing of 2.3 hours of

13  direct care per resident per day beginning January 1, 2002,

14  increasing to 2.6 hours of direct care per resident per day

15  beginning January 1, 2003, and increasing to 2.9 hours of

16  direct care per resident per day beginning July January 1,

17  2004. Beginning January 1, 2002, no facility shall staff below

18  one certified nursing assistant per 20 residents, and a

19  minimum licensed nursing staffing of 1.0 hour of direct

20  resident care per resident per day but never below one

21  licensed nurse per 40 residents. Nursing assistants employed

22  under s. 400.211(2) may be included in computing the staffing

23  ratio for certified nursing assistants only if they provide

24  nursing assistance services to residents on a full-time basis.

25  Each nursing home must document compliance with staffing

26  standards as required under this paragraph and post daily the

27  names of staff on duty for the benefit of facility residents

28  and the public. The agency shall recognize the use of licensed

29  nurses for compliance with minimum staffing requirements for

30  certified nursing assistants, provided that the facility

31  otherwise meets the minimum staffing requirements for licensed


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    SB 22-A                                        First Engrossed



 1  nurses and that the licensed nurses so recognized are

 2  performing the duties of a certified nursing assistant. Unless

 3  otherwise approved by the agency, licensed nurses counted

 4  towards the minimum staffing requirements for certified

 5  nursing assistants must exclusively perform the duties of a

 6  certified nursing assistant for the entire shift and shall not

 7  also be counted towards the minimum staffing requirements for

 8  licensed nurses. If the agency approved a facility's request

 9  to use a licensed nurse to perform both licensed nursing and

10  certified nursing assistant duties, the facility must allocate

11  the amount of staff time specifically spent on certified

12  nursing assistant duties for the purpose of documenting

13  compliance with minimum staffing requirements for certified

14  and licensed nursing staff. In no event may the hours of a

15  licensed nurse with dual job responsibilities be counted

16  twice.

17         Section 3.  Subsection (25) of section 409.901, Florida

18  Statutes, is amended to read:

19         409.901  Definitions; ss. 409.901-409.920.--As used in

20  ss. 409.901-409.920, except as otherwise specifically

21  provided, the term:

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

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

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

25  services related to any medical assistance covered by

26  Medicaid. A third party includes a third-party administrator

27  or a pharmacy benefits manager.

28         Section 4.  Subsection (2) of section 409.904, Florida

29  Statutes, as amended by section 1 of chapter 2003-9, Laws of

30  Florida, is amended to read:

31  


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    SB 22-A                                        First Engrossed



 1         409.904  Optional payments for eligible persons.--The

 2  agency may make payments for medical assistance and related

 3  services on behalf of the following persons who are determined

 4  to be eligible subject to the income, assets, and categorical

 5  eligibility tests set forth in federal and state law.  Payment

 6  on behalf of these Medicaid eligible persons is subject to the

 7  availability of moneys and any limitations established by the

 8  General Appropriations Act or chapter 216.

 9         (2)  A family caretaker relative or parent, a pregnant

10  woman, a child under age 21 19 who would otherwise qualify for

11  Florida Kidcare Medicaid, a child up to age 21 who would

12  otherwise qualify under s. 409.903(1), a person age 65 or

13  over, or a blind or disabled person, who would otherwise be

14  eligible under any group listed in s. 409.903(1), (2), or (3)

15  for Florida Medicaid, except that the income or assets of such

16  family or person exceed established limitations. For a family

17  or person in one of these coverage groups, medical expenses

18  are deductible from income in accordance with federal

19  requirements in order to make a determination of eligibility.

20  Expenses used to meet spend-down liability are not

21  reimbursable by Medicaid. Effective July 1, 2003, when

22  determining the eligibility of a pregnant woman, a child, or

23  an aged, blind, or disabled individual, $270 shall be deducted

24  from the countable income of the filing unit. When determining

25  the eligibility of the parent or caretaker relative as defined

26  by Title XIX of the Social Security Act, the additional income

27  disregard of $270 does not apply. A family or person eligible

28  under the coverage known as the "medically needy," is eligible

29  to receive the same services as other Medicaid recipients,

30  with the exception of services in skilled nursing facilities

31  


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    SB 22-A                                        First Engrossed



 1  and intermediate care facilities for the developmentally

 2  disabled.

 3         Section 5.  Section 409.906, Florida Statutes, is

 4  amended to read:

 5         409.906  Optional Medicaid services.--Subject to

 6  specific appropriations, the agency may make payments for

 7  services which are optional to the state under Title XIX of

 8  the Social Security Act and are furnished by Medicaid

 9  providers to recipients who are determined to be eligible on

10  the dates on which the services were provided.  Any optional

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

15  agency. Nothing in this section shall be construed to prevent

16  or limit the agency from adjusting fees, reimbursement rates,

17  lengths of stay, number of visits, or number of services, or

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

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

21  If necessary to safeguard the state's systems of providing

22  services to elderly and disabled persons and subject to the

23  notice and review provisions of s. 216.177, the Governor may

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled."  Optional services may include:

28         (1)  ADULT DENTAL SERVICES.--The agency may pay for

29  medically necessary, emergency dental procedures to alleviate

30  pain or infection. Emergency dental care shall be limited to

31  emergency oral examinations, necessary radiographs,


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    SB 22-A                                        First Engrossed



 1  extractions, and incision and drainage of abscess, for a

 2  recipient who is age 21 or older. However, Medicaid will not

 3  provide reimbursement for dental services provided in a mobile

 4  dental unit, except for a mobile dental unit:

 5         (a)  Owned by, operated by, or having a contractual

 6  agreement with the Department of Health and complying with

 7  Medicaid's county health department clinic services program

 8  specifications as a county health department clinic services

 9  provider.

10         (b)  Owned by, operated by, or having a contractual

11  arrangement with a federally qualified health center and

12  complying with Medicaid's federally qualified health center

13  specifications as a federally qualified health center

14  provider.

15         (c)  Rendering dental services to Medicaid recipients,

16  21 years of age and older, at nursing facilities.

17         (d)  Owned by, operated by, or having a contractual

18  agreement with a state-approved dental educational

19  institution.

20         (1)(2)  ADULT HEALTH SCREENING SERVICES.--The agency

21  may pay for an annual routine physical examination, conducted

22  by or under the direction of a licensed physician, for a

23  recipient age 21 or older, without regard to medical

24  necessity, in order to detect and prevent disease, disability,

25  or other health condition or its progression.

26         (2)(3)  AMBULATORY SURGICAL CENTER SERVICES.--The

27  agency may pay for services provided to a recipient in an

28  ambulatory surgical center licensed under part I of chapter

29  395, by or under the direction of a licensed physician or

30  dentist.

31  


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    SB 22-A                                        First Engrossed



 1         (3)(4)  BIRTH CENTER SERVICES.--The agency may pay for

 2  examinations and delivery, recovery, and newborn assessment,

 3  and related services, provided in a licensed birth center

 4  staffed with licensed physicians, certified nurse midwives,

 5  and midwives licensed in accordance with chapter 467, to a

 6  recipient expected to experience a low-risk pregnancy and

 7  delivery.

 8         (4)(5)  CASE MANAGEMENT SERVICES.--The agency may pay

 9  for primary care case management services rendered to a

10  recipient pursuant to a federally approved waiver, and

11  targeted case management services for specific groups of

12  targeted recipients, for which funding has been provided and

13  which are rendered pursuant to federal guidelines. The agency

14  is authorized to limit reimbursement for targeted case

15  management services in order to comply with any limitations or

16  directions provided for in the General Appropriations Act.

17  Notwithstanding s. 216.292, the Department of Children and

18  Family Services may transfer general funds to the Agency for

19  Health Care Administration to fund state match requirements

20  exceeding the amount specified in the General Appropriations

21  Act for targeted case management services.

22         (5)(6)  CHILDREN'S DENTAL SERVICES.--The agency may pay

23  for diagnostic, preventive, or corrective procedures,

24  including orthodontia in severe cases, provided to a recipient

25  under age 21, by or under the supervision of a licensed

26  dentist.  Services provided under this program include

27  treatment of the teeth and associated structures of the oral

28  cavity, as well as treatment of disease, injury, or impairment

29  that may affect the oral or general health of the individual.

30  However, Medicaid will not provide reimbursement for dental

31  


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    SB 22-A                                        First Engrossed



 1  services provided in a mobile dental unit, except for a mobile

 2  dental unit:

 3         (a)  Owned by, operated by, or having a contractual

 4  agreement with the Department of Health and complying with

 5  Medicaid's county health department clinic services program

 6  specifications as a county health department clinic services

 7  provider.

 8         (b)  Owned by, operated by, or having a contractual

 9  arrangement with a federally qualified health center and

10  complying with Medicaid's federally qualified health center

11  specifications as a federally qualified health center

12  provider.

13         (c)  Rendering dental services to Medicaid recipients,

14  21 years of age and older, at nursing facilities.

15         (d)  Owned by, operated by, or having a contractual

16  agreement with a state-approved dental educational

17  institution.

18         (6)(7)  CHIROPRACTIC SERVICES.--The agency may pay for

19  manual manipulation of the spine and initial services,

20  screening, and X rays provided to a recipient by a licensed

21  chiropractic physician.

22         (7)(8)  COMMUNITY MENTAL HEALTH SERVICES.--

23         (a)  The agency may pay for rehabilitative services

24  provided to a recipient by a mental health or substance abuse

25  provider under contract with the agency or the Department of

26  Children and Family Services to provide such services.  Those

27  services which are psychiatric in nature shall be rendered or

28  recommended by a psychiatrist, and those services which are

29  medical in nature shall be rendered or recommended by a

30  physician or psychiatrist. The agency must develop a provider

31  enrollment process for community mental health providers which


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    SB 22-A                                        First Engrossed



 1  bases provider enrollment on an assessment of service need.

 2  The provider enrollment process shall be designed to control

 3  costs, prevent fraud and abuse, consider provider expertise

 4  and capacity, and assess provider success in managing

 5  utilization of care and measuring treatment outcomes.

 6  Providers will be selected through a competitive procurement

 7  or selective contracting process. In addition to other

 8  community mental health providers, the agency shall consider

 9  for enrollment mental health programs licensed under chapter

10  395 and group practices licensed under chapter 458, chapter

11  459, chapter 490, or chapter 491. The agency is also

12  authorized to continue operation of its behavioral health

13  utilization management program and may develop new services if

14  these actions are necessary to ensure savings from the

15  implementation of the utilization management system. The

16  agency shall coordinate the implementation of this enrollment

17  process with the Department of Children and Family Services

18  and the Department of Juvenile Justice. The agency is

19  authorized to utilize diagnostic criteria in setting

20  reimbursement rates, to preauthorize certain high-cost or

21  highly utilized services, to limit or eliminate coverage for

22  certain services, or to make any other adjustments necessary

23  to comply with any limitations or directions provided for in

24  the General Appropriations Act.

25         (b)  The agency is authorized to implement

26  reimbursement and use management reforms in order to comply

27  with any limitations or directions in the General

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

29  prior authorization of treatment and service plans; prior

30  authorization of services; enhanced use review programs for

31  


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    SB 22-A                                        First Engrossed



 1  highly used services; and limits on services for those

 2  determined to be abusing their benefit coverages.

 3         (8)(9)  DIALYSIS FACILITY SERVICES.--Subject to

 4  specific appropriations being provided for this purpose, the

 5  agency may pay a dialysis facility that is approved as a

 6  dialysis facility in accordance with Title XVIII of the Social

 7  Security Act, for dialysis services that are provided to a

 8  Medicaid recipient under the direction of a physician licensed

 9  to practice medicine or osteopathic medicine in this state,

10  including dialysis services provided in the recipient's home

11  by a hospital-based or freestanding dialysis facility.

12         (9)(10)  DURABLE MEDICAL EQUIPMENT.--The agency may

13  authorize and pay for certain durable medical equipment and

14  supplies provided to a Medicaid recipient as medically

15  necessary.

16         (10)(11)  HEALTHY START SERVICES.--The agency may pay

17  for a continuum of risk-appropriate medical and psychosocial

18  services for the Healthy Start program in accordance with a

19  federal waiver. The agency may not implement the federal

20  waiver unless the waiver permits the state to limit enrollment

21  or the amount, duration, and scope of services to ensure that

22  expenditures will not exceed funds appropriated by the

23  Legislature or available from local sources. If the Health

24  Care Financing Administration does not approve a federal

25  waiver for Healthy Start services, the agency, in consultation

26  with the Department of Health and the Florida Association of

27  Healthy Start Coalitions, is authorized to establish a

28  Medicaid certified-match program for Healthy Start services.

29  Participation in the Healthy Start certified-match program

30  shall be voluntary, and reimbursement shall be limited to the

31  federal Medicaid share to Medicaid-enrolled Healthy Start


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    SB 22-A                                        First Engrossed



 1  coalitions for services provided to Medicaid recipients. The

 2  agency shall take no action to implement a certified-match

 3  program without ensuring that the amendment and review

 4  requirements of ss. 216.177 and 216.181 have been met.

 5         (11)(12)  CHILDREN'S HEARING SERVICES.--The agency may

 6  pay for hearing and related services, including hearing

 7  evaluations, hearing aid devices, dispensing of the hearing

 8  aid, and related repairs, if provided to a recipient younger

 9  than 21 years of age by a licensed hearing aid specialist,

10  otolaryngologist, otologist, audiologist, or physician.

11         (12)(13)  HOME AND COMMUNITY-BASED SERVICES.--The

12  agency may pay for home-based or community-based services that

13  are rendered to a recipient in accordance with a federally

14  approved waiver program. The agency may limit or eliminate

15  coverage for certain Project AIDS Care Waiver services,

16  preauthorize high-cost or highly utilized services, or make

17  any other adjustments necessary to comply with any limitations

18  or directions provided for in the General Appropriations Act.

19         (13)(14)  HOSPICE CARE SERVICES.--The agency may pay

20  for all reasonable and necessary services for the palliation

21  or management of a recipient's terminal illness, if the

22  services are provided by a hospice that is licensed under part

23  VI of chapter 400 and meets Medicare certification

24  requirements.

25         (14)(15)  INTERMEDIATE CARE FACILITY FOR THE

26  DEVELOPMENTALLY DISABLED SERVICES.--The agency may pay for

27  health-related care and services provided on a 24-hour-a-day

28  basis by a facility licensed and certified as a Medicaid

29  Intermediate Care Facility for the Developmentally Disabled,

30  for a recipient who needs such care because of a developmental

31  disability.


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    SB 22-A                                        First Engrossed



 1         (15)(16)  INTERMEDIATE CARE SERVICES.--The agency may

 2  pay for 24-hour-a-day intermediate care nursing and

 3  rehabilitation services rendered to a recipient in a nursing

 4  facility licensed under part II of chapter 400, if the

 5  services are ordered by and provided under the direction of a

 6  physician.

 7         (16)(17)  OPTOMETRIC SERVICES.--The agency may pay for

 8  services provided to a recipient, including examination,

 9  diagnosis, treatment, and management, related to ocular

10  pathology, if the services are provided by a licensed

11  optometrist or physician.

12         (17)(18)  PHYSICIAN ASSISTANT SERVICES.--The agency may

13  pay for all services provided to a recipient by a physician

14  assistant licensed under s. 458.347 or s. 459.022.

15  Reimbursement for such services must be not less than 80

16  percent of the reimbursement that would be paid to a physician

17  who provided the same services.

18         (18)(19)  PODIATRIC SERVICES.--The agency may pay for

19  services, including diagnosis and medical, surgical,

20  palliative, and mechanical treatment, related to ailments of

21  the human foot and lower leg, if provided to a recipient by a

22  podiatric physician licensed under state law.

23         (19)(20)  PRESCRIBED DRUG SERVICES.--The agency may pay

24  for medications that are prescribed for a recipient by a

25  physician or other licensed practitioner of the healing arts

26  authorized to prescribe medications and that are dispensed to

27  the recipient by a licensed pharmacist or physician in

28  accordance with applicable state and federal law.

29         (20)(21)  REGISTERED NURSE FIRST ASSISTANT

30  SERVICES.--The agency may pay for all services provided to a

31  recipient by a registered nurse first assistant as described


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    SB 22-A                                        First Engrossed



 1  in s. 464.027.  Reimbursement for such services may not be

 2  less than 80 percent of the reimbursement that would be paid

 3  to a physician providing the same services.

 4         (21)(22)  STATE HOSPITAL SERVICES.--The agency may pay

 5  for all-inclusive psychiatric inpatient hospital care provided

 6  to a recipient age 65 or older in a state mental hospital.

 7         (22)(23)  CHILDREN'S VISUAL SERVICES.--The agency may

 8  pay for visual examinations, eyeglasses, and eyeglass repairs

 9  for a recipient younger than 21 years of age, if they are

10  prescribed by a licensed physician specializing in diseases of

11  the eye or by a licensed optometrist.

12         (23)(24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The

13  Agency for Health Care Administration, in consultation with

14  the Department of Children and Family Services, may establish

15  a targeted case-management project in those counties

16  identified by the Department of Children and Family Services

17  and for all counties with a community-based child welfare

18  project, as authorized under s. 409.1671, which have been

19  specifically approved by the department. Results of targeted

20  case management projects shall be reported to the Social

21  Services Estimating Conference established under s. 216.136.

22  The covered group of individuals who are eligible to receive

23  targeted case management include children who are eligible for

24  Medicaid; who are between the ages of birth through 21; and

25  who are under protective supervision or postplacement

26  supervision, under foster-care supervision, or in shelter care

27  or foster care. The number of individuals who are eligible to

28  receive targeted case management shall be limited to the

29  number for whom the Department of Children and Family Services

30  has available matching funds to cover the costs. The general

31  revenue funds required to match the funds for services


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    SB 22-A                                        First Engrossed



 1  provided by the community-based child welfare projects are

 2  limited to funds available for services described under s.

 3  409.1671. The Department of Children and Family Services may

 4  transfer the general revenue matching funds as billed by the

 5  Agency for Health Care Administration.

 6         (24)(25)  ASSISTIVE-CARE SERVICES.--The agency may pay

 7  for assistive-care services provided to recipients with

 8  functional or cognitive impairments residing in assisted

 9  living facilities, adult family-care homes, or residential

10  treatment facilities. These services may include health

11  support, assistance with the activities of daily living and

12  the instrumental acts of daily living, assistance with

13  medication administration, and arrangements for health care.

14         Section 6.  Subsections (14) and (20) of section

15  409.908, Florida Statutes, are amended to read:

16         409.908  Reimbursement of Medicaid providers.--Subject

17  to specific appropriations, the agency shall reimburse

18  Medicaid providers, in accordance with state and federal law,

19  according to methodologies set forth in the rules of the

20  agency and in policy manuals and handbooks incorporated by

21  reference therein.  These methodologies may include fee

22  schedules, reimbursement methods based on cost reporting,

23  negotiated fees, competitive bidding pursuant to s. 287.057,

24  and other mechanisms the agency considers efficient and

25  effective for purchasing services or goods on behalf of

26  recipients. If a provider is reimbursed based on cost

27  reporting and submits a cost report late and that cost report

28  would have been used to set a lower reimbursement rate for a

29  rate semester, then the provider's rate for that semester

30  shall be retroactively calculated using the new cost report,

31  and full payment at the recalculated rate shall be affected


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    SB 22-A                                        First Engrossed



 1  retroactively. Medicare-granted extensions for filing cost

 2  reports, if applicable, shall also apply to Medicaid cost

 3  reports. Payment for Medicaid compensable services made on

 4  behalf of Medicaid eligible persons is subject to the

 5  availability of moneys and any limitations or directions

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

 7  Further, nothing in this section shall be construed to prevent

 8  or limit the agency from adjusting fees, reimbursement rates,

 9  lengths of stay, number of visits, or number of services, or

10  making any other adjustments necessary to comply with the

11  availability of moneys and any limitations or directions

12  provided for in the General Appropriations Act, provided the

13  adjustment is consistent with legislative intent.

14         (14)  A provider of prescribed drugs shall be

15  reimbursed the least of the amount billed by the provider, the

16  provider's usual and customary charge, or the Medicaid maximum

17  allowable fee established by the agency, plus a dispensing

18  fee. The agency is directed to implement a variable dispensing

19  fee for payments for prescribed medicines while ensuring

20  continued access for Medicaid recipients.  The variable

21  dispensing fee may be based upon, but not limited to, either

22  or both the volume of prescriptions dispensed by a specific

23  pharmacy provider, the volume of prescriptions dispensed to an

24  individual recipient, and dispensing of preferred-drug-list

25  products. The agency may shall increase the pharmacy

26  dispensing fee authorized by statute and in the annual General

27  Appropriations Act by $0.50 for the dispensing of a Medicaid

28  preferred-drug-list product and reduce the pharmacy dispensing

29  fee by $0.50 for the dispensing of a Medicaid product that is

30  not included on the preferred-drug list. The agency may

31  establish a supplemental pharmaceutical dispensing fee to be


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    SB 22-A                                        First Engrossed



 1  paid to providers returning unused unit-dose packaged

 2  medications to stock and crediting the Medicaid program for

 3  the ingredient cost of those medications if the ingredient

 4  costs to be credited exceed the value of the supplemental

 5  dispensing fee. The agency is authorized to limit

 6  reimbursement for prescribed medicine in order to comply with

 7  any limitations or directions provided for in the General

 8  Appropriations Act, which may include implementing a

 9  prospective or concurrent utilization review program.

10         (20)  A renal dialysis facility that provides dialysis

11  services under s. 409.906(8) s. 409.906(9) must be reimbursed

12  the lesser of the amount billed by the provider, the

13  provider's usual and customary charge, or the maximum

14  allowable fee established by the agency, whichever amount is

15  less.

16         Section 7.  Subsection (1) of section 409.9081, Florida

17  Statutes, is amended to read:

18         409.9081  Copayments.--

19         (1)  The agency shall require, subject to federal

20  regulations and limitations, each Medicaid recipient to pay at

21  the time of service a nominal copayment for the following

22  Medicaid services:

23         (a)  Hospital outpatient services:  up to $3 for each

24  hospital outpatient visit.

25         (b)  Physician services: up to $2 copayment for each

26  visit with a physician licensed under chapter 458, chapter

27  459, chapter 460, chapter 461, or chapter 463.

28         (c)  Hospital emergency department visits for

29  nonemergency care: $15 for each emergency department visit.

30         Section 8.  Section 409.911, Florida Statutes, is

31  amended to read:


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    SB 22-A                                        First Engrossed



 1         409.911  Disproportionate share program.--Subject to

 2  specific allocations established within the General

 3  Appropriations Act and any limitations established pursuant to

 4  chapter 216, the agency shall distribute, pursuant to this

 5  section, moneys to hospitals providing a disproportionate

 6  share of Medicaid or charity care services by making quarterly

 7  Medicaid payments as required. Notwithstanding the provisions

 8  of s. 409.915, counties are exempt from contributing toward

 9  the cost of this special reimbursement for hospitals serving a

10  disproportionate share of low-income patients.

11         (1)  Definitions.--As used in this section, s.

12  409.9112, and the Florida Hospital Uniform Reporting System

13  manual:

14         (a)  "Adjusted patient days" means the sum of acute

15  care patient days and intensive care patient days as reported

16  to the Agency for Health Care Administration, divided by the

17  ratio of inpatient revenues generated from acute, intensive,

18  ambulatory, and ancillary patient services to gross revenues.

19         (b)  "Actual audited data" or "actual audited

20  experience" means data reported to the Agency for Health Care

21  Administration which has been audited in accordance with

22  generally accepted auditing standards by the agency or

23  representatives under contract with the agency.

24         (c)  "Base Medicaid per diem" means the hospital's

25  Medicaid per diem rate initially established by the Agency for

26  Health Care Administration on January 1, 1999. The base

27  Medicaid per diem rate shall not include any additional per

28  diem increases received as a result of the disproportionate

29  share distribution.

30         (c)(d)  "Charity care" or "uncompensated charity care"

31  means that portion of hospital charges reported to the Agency


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    SB 22-A                                        First Engrossed



 1  for Health Care Administration for which there is no

 2  compensation, other than restricted or unrestricted revenues

 3  provided to a hospital by local governments or tax districts

 4  regardless of the method of payment, for care provided to a

 5  patient whose family income for the 12 months preceding the

 6  determination is less than or equal to 200 percent of the

 7  federal poverty level, unless the amount of hospital charges

 8  due from the patient exceeds 25 percent of the annual family

 9  income.  However, in no case shall the hospital charges for a

10  patient whose family income exceeds four times the federal

11  poverty level for a family of four be considered charity.

12         (d)(e)  "Charity care days" means the sum of the

13  deductions from revenues for charity care minus 50 percent of

14  restricted and unrestricted revenues provided to a hospital by

15  local governments or tax districts, divided by gross revenues

16  per adjusted patient day.

17         (f)  "Disproportionate share percentage" means a rate

18  of increase in the Medicaid per diem rate as calculated under

19  this section.

20         (e)(g)  "Hospital" means a health care institution

21  licensed as a hospital pursuant to chapter 395, but does not

22  include ambulatory surgical centers.

23         (f)(h)  "Medicaid days" means the number of actual days

24  attributable to Medicaid patients as determined by the Agency

25  for Health Care Administration.

26         (2)  The Agency for Health Care Administration shall

27  use utilize the following actual audited data criteria to

28  determine the Medicaid days and charity care to be used in

29  calculating the if a hospital qualifies for a disproportionate

30  share payment:

31  


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    SB 22-A                                        First Engrossed



 1         (a)  The average of the 1997, 1998, and 1999 audited

 2  data to determine each hospital's Medicaid days and charity

 3  care.

 4         (b)  The average of the audited disproportionate share

 5  data for the years available if the Agency for Health Care

 6  Administration does not have the prescribed 3 years of audited

 7  disproportionate share data for a hospital.

 8         (a)  A hospital's total Medicaid days when combined

 9  with its total charity care days must equal or exceed 7

10  percent of its total adjusted patient days.

11         (b)  A hospital's total charity care days weighted by a

12  factor of 4.5, plus its total Medicaid days weighted by a

13  factor of 1, shall be equal to or greater than 10 percent of

14  its total adjusted patient days.

15         (c)  Additionally, In accordance with s. 1923(b) of the

16  Social Security Act the seventh federal Omnibus Budget

17  Reconciliation Act, a hospital with a Medicaid inpatient

18  utilization rate greater than one standard deviation above the

19  statewide mean or a hospital with a low-income utilization

20  rate of 25 percent or greater shall qualify for reimbursement.

21         (3)  In computing the disproportionate share rate:

22         (a)  Per diem increases earned from disproportionate

23  share shall be applied to each hospital's base Medicaid per

24  diem rate and shall be capped at 170 percent.

25         (b)  The agency shall use 1994 audited financial data

26  for the calculation of disproportionate share payments under

27  this section.

28         (c)  If the total amount earned by all hospitals under

29  this section exceeds the amount appropriated, each hospital's

30  share shall be reduced on a pro rata basis so that the total

31  


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    SB 22-A                                        First Engrossed



 1  dollars distributed from the trust fund do not exceed the

 2  total amount appropriated.

 3         (d)  The total amount calculated to be distributed

 4  under this section shall be made in quarterly payments

 5  subsequent to each quarter during the fiscal year.

 6         (3)(4)  Hospitals that qualify for a disproportionate

 7  share payment solely under paragraph (2)(c) shall have their

 8  payment calculated in accordance with the following formulas:

 9         DSHP = (HMD/TMSD)*$1 million

10  

11         Where:

12  

13         DSHP = disproportionate share hospital payment.

14         HMD = hospital Medicaid days.

15         TSD = total state Medicaid days.

16  

17  

18                        TAA = TA x (1/5.5)

19                     DSHP = (HMD/TSMD) x TAA

20  

21  Where:

22         TAA = total amount available.

23         TA = total appropriation.

24         DSHP = disproportionate share hospital payment.

25         HMD = hospital Medicaid days.

26         TSMD = total state Medicaid days.

27  

28         (4)  The following formulas shall be used to pay

29  disproportionate share dollars to public hospitals:

30         (a)  For state mental health hospitals:

31  


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    SB 22-A                                        First Engrossed



 1         DSHP = (HMD/TMDMH) * TAAMH

 2  

 3         shall be the difference between the federal cap

 4         for Institutions for Mental Diseases and the

 5         amounts paid under the mental health

 6         disproportionate share program.

 7  

 8         Where:

 9  

10         DSHP = disproportionate share hospital payment.

11         HMD = hospital Medicaid days.

12         TMDHH = total Medicaid days for state mental health

13  hospitals.

14         TAAMH = total amount available for mental health

15  hospitals.

16  

17         (b)  For non-state government owned or operated

18  hospitals with 3,300 or more Medicaid days:

19  

20         DSHP = [(.82*HCCD/TCCD) + (.18*HMD/TMD)] * TAAPH

21         TAAPH = TAA - TAAMH

22  

23         Where:

24  

25         TAA = total available appropriation.

26         TAAPH = total amount available for public hospitals.

27         DSHP = disproportionate share hospital payments.

28         HMD = hospital Medicaid days.

29         TMD = total state Medicaid days for public hospitals.

30         HCCD = hospital charity care dollars.

31  


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    SB 22-A                                        First Engrossed



 1         TCCD = total state charity care dollars for public

 2  non-state hospitals.

 3  

 4         (c)  For non-state government owned or operated

 5  hospitals with less than 3,300 Medicaid days, a total of

 6  $400,000 shall be distributed equally among these hospitals.

 7         (5)  The following formula shall be utilized by the

 8  agency to determine the maximum disproportionate share rate to

 9  be used to increase the Medicaid per diem rate for hospitals

10  that qualify pursuant to paragraphs (2)(a) and (b):al>

11  

12                             CCD                    MD

13                 DSR = (  (........)  x 4.5) +  (........)

14                             APD                   APD

15  Where:

16         APD = adjusted patient days.

17         CCD = charity care days.

18         DSR = disproportionate share rate.

19         MD = Medicaid days.

20  

21         (6)(a)  To calculate the total amount earned by all

22  hospitals under this section, hospitals with a

23  disproportionate share rate less than 50 percent shall divide

24  their Medicaid days by four, and hospitals with a

25  disproportionate share rate greater than or equal to 50

26  percent and with greater than 40,000 Medicaid days shall

27  multiply their Medicaid days by 1.5, and the following formula

28  shall be used by the agency to calculate the total amount

29  earned by all hospitals under this section:

30  

31                      TAE = BMPD x MD x DSP


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    SB 22-A                                        First Engrossed



 1  

 2  Where:

 3         TAE = total amount earned.

 4         BMPD = base Medicaid per diem.

 5         MD = Medicaid days.

 6         DSP = disproportionate share percentage.

 7  

 8         (5)(b)  In no case shall total payments to a hospital

 9  under this section, with the exception of public non-state

10  facilities or state facilities, exceed the total amount of

11  uncompensated charity care of the hospital, as determined by

12  the agency according to the most recent calendar year audited

13  data available at the beginning of each state fiscal year.

14         (7)  The following criteria shall be used in

15  determining the disproportionate share percentage:

16         (a)  If the disproportionate share rate is less than 10

17  percent, the disproportionate share percentage is zero and

18  there is no additional payment.

19         (b)  If the disproportionate share rate is greater than

20  or equal to 10 percent, but less than 20 percent, then the

21  disproportionate share percentage is 1.8478498.

22         (c)  If the disproportionate share rate is greater than

23  or equal to 20 percent, but less than 30 percent, then the

24  disproportionate share percentage is 3.4145488.

25         (d)  If the disproportionate share rate is greater than

26  or equal to 30 percent, but less than 40 percent, then the

27  disproportionate share percentage is 6.3095734.

28         (e)  If the disproportionate share rate is greater than

29  or equal to 40 percent, but less than 50 percent, then the

30  disproportionate share percentage is 11.6591440.

31  


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    SB 22-A                                        First Engrossed



 1         (f)  If the disproportionate share rate is greater than

 2  or equal to 50 percent, but less than 60 percent, then the

 3  disproportionate share percentage is 73.5642254.

 4         (g)  If the disproportionate share rate is greater than

 5  or equal to 60 percent but less than 72.5 percent, then the

 6  disproportionate share percentage is 135.9356391.

 7         (h)  If the disproportionate share rate is greater than

 8  or equal to 72.5 percent, then the disproportionate share

 9  percentage is 170.

10         (8)  The following formula shall be used by the agency

11  to calculate the total amount earned by all hospitals under

12  this section:

13  

14                      TAE = BMPD x MD x DSP

15  

16  Where:

17         TAE = total amount earned.

18         BMPD = base Medicaid per diem.

19         MD = Medicaid days.

20         DSP = disproportionate share percentage.

21  

22         (6)(9)  The agency is authorized to receive funds from

23  local governments and other local political subdivisions for

24  the purpose of making payments, including federal matching

25  funds, through the Medicaid disproportionate share program.

26  Funds received from local governments for this purpose shall

27  be separately accounted for and shall not be commingled with

28  other state or local funds in any manner.

29         (7)(10)  Payments made by the agency to hospitals

30  eligible to participate in this program shall be made in

31  accordance with federal rules and regulations.


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    SB 22-A                                        First Engrossed



 1         (a)  If the Federal Government prohibits, restricts, or

 2  changes in any manner the methods by which funds are

 3  distributed for this program, the agency shall not distribute

 4  any additional funds and shall return all funds to the local

 5  government from which the funds were received, except as

 6  provided in paragraph (b).

 7         (b)  If the Federal Government imposes a restriction

 8  that still permits a partial or different distribution, the

 9  agency may continue to disburse funds to hospitals

10  participating in the disproportionate share program in a

11  federally approved manner, provided:

12         1.  Each local government which contributes to the

13  disproportionate share program agrees to the new manner of

14  distribution as shown by a written document signed by the

15  governing authority of each local government; and

16         2.  The Executive Office of the Governor, the Office of

17  Planning and Budgeting, the House of Representatives, and the

18  Senate are provided at least 7 days' prior notice of the

19  proposed change in the distribution, and do not disapprove

20  such change.

21         (c)  No distribution shall be made under the

22  alternative method specified in paragraph (b) unless all

23  parties agree or unless all funds of those parties that

24  disagree which are not yet disbursed have been returned to

25  those parties.

26         (8)(11)  Notwithstanding the provisions of chapter 216,

27  the Executive Office of the Governor is hereby authorized to

28  establish sufficient trust fund authority to implement the

29  disproportionate share program.

30         Section 9.  Section 409.9112, Florida Statutes, is

31  amended to read:


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    SB 22-A                                        First Engrossed



 1         409.9112  Disproportionate share program for regional

 2  perinatal intensive care centers.--In addition to the payments

 3  made under s. 409.911, the Agency for Health Care

 4  Administration shall design and implement a system of making

 5  disproportionate share payments to those hospitals that

 6  participate in the regional perinatal intensive care center

 7  program established pursuant to chapter 383. This system of

 8  payments shall conform with federal requirements and shall

 9  distribute funds in each fiscal year for which an

10  appropriation is made by making quarterly Medicaid payments.

11  Notwithstanding the provisions of s. 409.915, counties are

12  exempt from contributing toward the cost of this special

13  reimbursement for hospitals serving a disproportionate share

14  of low-income patients.

15         (1)  The following formula shall be used by the agency

16  to calculate the total amount earned for hospitals that

17  participate in the regional perinatal intensive care center

18  program:

19  

20                         TAE = HDSP/THDSP

21  

22  Where:

23  

24         TAE = total amount earned by a regional perinatal

25  intensive care center.

26         HDSP = the prior state fiscal year regional perinatal

27  intensive care center disproportionate share payment to the

28  individual hospital.

29         THDSP = the prior state fiscal year total regional

30  perinatal intensive care center disproportionate share

31  payments to all hospitals.


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    SB 22-A                                        First Engrossed



 1  

 2         (2)  The total additional payment for hospitals that

 3  participate in the regional perinatal intensive care center

 4  program shall be calculated by the agency as follows:

 5  

 6                          TAP = TAE * TA

 7  

 8  Where:

 9  

10         TAP = total additional payment for a regional perinatal

11  intensive care center.

12         TAE = total amount earned by a regional perinatal

13  intensive care center.

14         TA = total appropriation for the regional perinatal

15  intensive care center disproportionate share program.

16  

17                      TAE = DSR x BMPD x MD

18  

19  Where:

20         TAE = total amount earned by a regional perinatal

21  intensive care center.

22         DSR = disproportionate share rate.

23         BMPD = base Medicaid per diem.

24         MD = Medicaid days.

25  

26         (2)  The total additional payment for hospitals that

27  participate in the regional perinatal intensive care center

28  program shall be calculated by the agency as follows:

29  

30  

31                               TAE x TA


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    SB 22-A                                        First Engrossed



 1                      TAP = (............)

 2                                 STAE

 3  

 4  Where:

 5         TAP = total additional payment for a regional perinatal

 6  intensive care center.

 7         TAE = total amount earned by a regional perinatal

 8  intensive care center.

 9         STAE = sum of total amount earned by each hospital that

10  participates in the regional perinatal intensive care center

11  program.

12         TA = total appropriation for the regional perinatal

13  intensive care disproportionate share program.

14  

15         (3)  In order to receive payments under this section, a

16  hospital must be participating in the regional perinatal

17  intensive care center program pursuant to chapter 383 and must

18  meet the following additional requirements:

19         (a)  Agree to conform to all departmental and agency

20  requirements to ensure high quality in the provision of

21  services, including criteria adopted by departmental and

22  agency rule concerning staffing ratios, medical records,

23  standards of care, equipment, space, and such other standards

24  and criteria as the department and agency deem appropriate as

25  specified by rule.

26         (b)  Agree to provide information to the department and

27  agency, in a form and manner to be prescribed by rule of the

28  department and agency, concerning the care provided to all

29  patients in neonatal intensive care centers and high-risk

30  maternity care.

31  


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    SB 22-A                                        First Engrossed



 1         (c)  Agree to accept all patients for neonatal

 2  intensive care and high-risk maternity care, regardless of

 3  ability to pay, on a functional space-available basis.

 4         (d)  Agree to develop arrangements with other maternity

 5  and neonatal care providers in the hospital's region for the

 6  appropriate receipt and transfer of patients in need of

 7  specialized maternity and neonatal intensive care services.

 8         (e)  Agree to establish and provide a developmental

 9  evaluation and services program for certain high-risk

10  neonates, as prescribed and defined by rule of the department.

11         (f)  Agree to sponsor a program of continuing education

12  in perinatal care for health care professionals within the

13  region of the hospital, as specified by rule.

14         (g)  Agree to provide backup and referral services to

15  the department's county health departments and other

16  low-income perinatal providers within the hospital's region,

17  including the development of written agreements between these

18  organizations and the hospital.

19         (h)  Agree to arrange for transportation for high-risk

20  obstetrical patients and neonates in need of transfer from the

21  community to the hospital or from the hospital to another more

22  appropriate facility.

23         (4)  Hospitals which fail to comply with any of the

24  conditions in subsection (3) or the applicable rules of the

25  department and agency shall not receive any payments under

26  this section until full compliance is achieved.  A hospital

27  which is not in compliance in two or more consecutive quarters

28  shall not receive its share of the funds.  Any forfeited funds

29  shall be distributed by the remaining participating regional

30  perinatal intensive care center program hospitals.

31  


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    SB 22-A                                        First Engrossed



 1         Section 10.  Subsection (1) of section 409.9116,

 2  Florida Statutes, is amended to read:

 3         409.9116  Disproportionate share/financial assistance

 4  program for rural hospitals.--In addition to the payments made

 5  under s. 409.911, the Agency for Health Care Administration

 6  shall administer a federally matched disproportionate share

 7  program and a state-funded financial assistance program for

 8  statutory rural hospitals. The agency shall make

 9  disproportionate share payments to statutory rural hospitals

10  that qualify for such payments and financial assistance

11  payments to statutory rural hospitals that do not qualify for

12  disproportionate share payments. The disproportionate share

13  program payments shall be limited by and conform with federal

14  requirements. Funds shall be distributed quarterly in each

15  fiscal year for which an appropriation is made.

16  Notwithstanding the provisions of s. 409.915, counties are

17  exempt from contributing toward the cost of this special

18  reimbursement for hospitals serving a disproportionate share

19  of low-income patients.

20         (1)  The following formula shall be used by the agency

21  to calculate the total amount earned for hospitals that

22  participate in the rural hospital disproportionate share

23  program or the financial assistance program:

24  

25                     TAERH = (CCD + MDD)/TPD

26  

27  Where:

28         CCD = total charity care-other, plus charity

29  care-Hill-Burton, minus 50 percent of unrestricted tax revenue

30  from local governments, and restricted funds for indigent

31  care, divided by gross revenue per adjusted patient day;


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    SB 22-A                                        First Engrossed



 1  however, if CCD is less than zero, then zero shall be used for

 2  CCD.

 3         MDD = Medicaid inpatient days plus Medicaid HMO

 4  inpatient days.

 5         TPD = total inpatient days.

 6         TAERH = total amount earned by each rural hospital.

 7  

 8  In computing the total amount earned by each rural hospital,

 9  the agency must use the average of the 3 most recent years of

10  actual data reported in accordance with s. 408.061(4)(a). The

11  agency shall provide a preliminary estimate of the payments

12  under the rural disproportionate share and financial

13  assistance programs to the rural hospitals by August 31 of

14  each state fiscal year for review. Each rural hospital shall

15  have 30 days to review the preliminary estimates of payments

16  and report any errors to the agency. The agency shall make any

17  corrections deemed necessary and compute the rural

18  disproportionate share and financial assistance program

19  payments.

20         Section 11.  Section 409.9117, Florida Statutes, is

21  amended to read:

22         409.9117  Primary care disproportionate share

23  program.--

24         (1)  If federal funds are available for

25  disproportionate share programs in addition to those otherwise

26  provided by law, there shall be created a primary care

27  disproportionate share program.

28         (2)  The following formula shall be used by the agency

29  to calculate the total amount earned for hospitals that

30  participate in the primary care disproportionate share

31  program:


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    SB 22-A                                        First Engrossed



 1  

 2                         TAE = HDSP/THDSP

 3  

 4  Where:

 5  

 6         TAE = total amount earned by a hospital participating

 7  in the primary care disproportionate share program.

 8         HDSP = the prior state fiscal year primary care

 9  disproportionate share payment to the individual hospital.

10         THDSP = the prior state fiscal year total primary care

11  disproportionate share payments to all hospitals.

12  

13         (3)  The total additional payment for hospitals that

14  participate in the primary care disproportionate share program

15  shall be calculated by the agency as follows:

16  

17                          TAP = TAE * TA

18  

19  Where:

20  

21         TAP = total additional payment for a primary care

22  hospital.

23         TAE = total amount earned by a primary care hospital.

24         TA = total appropriation for the primary care

25  disproportionate share program.

26         (4)(2)  In the establishment and funding of this

27  program, the agency shall use the following criteria in

28  addition to those specified in s. 409.911, payments may not be

29  made to a hospital unless the hospital agrees to:

30         (a)  Cooperate with a Medicaid prepaid health plan, if

31  one exists in the community.


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    SB 22-A                                        First Engrossed



 1         (b)  Ensure the availability of primary and specialty

 2  care physicians to Medicaid recipients who are not enrolled in

 3  a prepaid capitated arrangement and who are in need of access

 4  to such physicians.

 5         (c)  Coordinate and provide primary care services free

 6  of charge, except copayments, to all persons with incomes up

 7  to 100 percent of the federal poverty level who are not

 8  otherwise covered by Medicaid or another program administered

 9  by a governmental entity, and to provide such services based

10  on a sliding fee scale to all persons with incomes up to 200

11  percent of the federal poverty level who are not otherwise

12  covered by Medicaid or another program administered by a

13  governmental entity, except that eligibility may be limited to

14  persons who reside within a more limited area, as agreed to by

15  the agency and the hospital.

16         (d)  Contract with any federally qualified health

17  center, if one exists within the agreed geopolitical

18  boundaries, concerning the provision of primary care services,

19  in order to guarantee delivery of services in a nonduplicative

20  fashion, and to provide for referral arrangements, privileges,

21  and admissions, as appropriate.  The hospital shall agree to

22  provide at an onsite or offsite facility primary care services

23  within 24 hours to which all Medicaid recipients and persons

24  eligible under this paragraph who do not require emergency

25  room services are referred during normal daylight hours.

26         (e)  Cooperate with the agency, the county, and other

27  entities to ensure the provision of certain public health

28  services, case management, referral and acceptance of

29  patients, and sharing of epidemiological data, as the agency

30  and the hospital find mutually necessary and desirable to

31  


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    SB 22-A                                        First Engrossed



 1  promote and protect the public health within the agreed

 2  geopolitical boundaries.

 3         (f)  In cooperation with the county in which the

 4  hospital resides, develop a low-cost, outpatient, prepaid

 5  health care program to persons who are not eligible for the

 6  Medicaid program, and who reside within the area.

 7         (g)  Provide inpatient services to residents within the

 8  area who are not eligible for Medicaid or Medicare, and who do

 9  not have private health insurance, regardless of ability to

10  pay, on the basis of available space, except that nothing

11  shall prevent the hospital from establishing bill collection

12  programs based on ability to pay.

13         (h)  Work with the Florida Healthy Kids Corporation,

14  the Florida Health Care Purchasing Cooperative, and business

15  health coalitions, as appropriate, to develop a feasibility

16  study and plan to provide a low-cost comprehensive health

17  insurance plan to persons who reside within the area and who

18  do not have access to such a plan.

19         (i)  Work with public health officials and other

20  experts to provide community health education and prevention

21  activities designed to promote healthy lifestyles and

22  appropriate use of health services.

23         (j)  Work with the local health council to develop a

24  plan for promoting access to affordable health care services

25  for all persons who reside within the area, including, but not

26  limited to, public health services, primary care services,

27  inpatient services, and affordable health insurance generally.

28  

29  Any hospital that fails to comply with any of the provisions

30  of this subsection, or any other contractual condition, may

31  


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    SB 22-A                                        First Engrossed



 1  not receive payments under this section until full compliance

 2  is achieved.

 3         Section 12.  Section 409.9119, Florida Statutes, is

 4  repealed.

 5         Section 13.  Paragraph (d) of subsection (3) and

 6  paragraph (a) of subsection (38) of section 409.912, Florida

 7  Statutes, are amended, and subsection (41) is added to that

 8  section, to read:

 9         409.912  Cost-effective purchasing of health care.--The

10  agency shall purchase goods and services for Medicaid

11  recipients in the most cost-effective manner consistent with

12  the delivery of quality medical care.  The agency shall

13  maximize the use of prepaid per capita and prepaid aggregate

14  fixed-sum basis services when appropriate and other

15  alternative service delivery and reimbursement methodologies,

16  including competitive bidding pursuant to s. 287.057, designed

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

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

19  minimize the exposure of recipients to the need for acute

20  inpatient, custodial, and other institutional care and the

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

22  agency may establish prior authorization requirements for

23  certain populations of Medicaid beneficiaries, certain drug

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

25  and possible dangerous drug interactions. The Pharmaceutical

26  and Therapeutics Committee shall make recommendations to the

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

28  agency shall inform the Pharmaceutical and Therapeutics

29  Committee of its decisions regarding drugs subject to prior

30  authorization.

31         (3)  The agency may contract with:


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    SB 22-A                                        First Engrossed



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

 2  provider service networks for demonstration projects to test

 3  Medicaid direct contracting. The demonstration projects may be

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

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

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

 7  must meet appropriate financial reserve, quality assurance,

 8  and patient rights requirements as established by the agency.

 9  The agency shall award contracts on a competitive bid basis

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

11  Medicaid recipients assigned to a demonstration project shall

12  be chosen equally from those who would otherwise have been

13  assigned to prepaid plans and MediPass.  The agency is

14  authorized to seek federal Medicaid waivers as necessary to

15  implement the provisions of this section.  A demonstration

16  project awarded pursuant to this paragraph shall be for 4

17  years from the date of implementation.

18         (38)(a)  The agency shall implement a Medicaid

19  prescribed-drug spending-control program that includes the

20  following components:

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

22  drugs for adult Medicaid recipients is limited to the

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

24  Children are exempt from this restriction. Antiretroviral

25  agents are excluded from this limitation. No requirements for

26  prior authorization or other restrictions on medications used

27  to treat mental illnesses such as schizophrenia, severe

28  depression, or bipolar disorder may be imposed on Medicaid

29  recipients. Medications that will be available without

30  restriction for persons with mental illnesses include atypical

31  antipsychotic medications, conventional antipsychotic


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    SB 22-A                                        First Engrossed



 1  medications, selective serotonin reuptake inhibitors, and

 2  other medications used for the treatment of serious mental

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

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

 5  agency shall continue to provide unlimited generic drugs,

 6  contraceptive drugs and items, and diabetic supplies. Although

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

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

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

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

11  exceptions are based on prior consultation provided by the

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

13  procedures to ensure that:

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

15  consultation by telephone or other telecommunication device

16  within 24 hours after receipt of a request for prior

17  consultation;

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

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

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

21  and

22         c.  Except for the exception for nursing home residents

23  and other institutionalized adults and Except for drugs on the

24  restricted formulary for which prior authorization may be

25  sought by an institutional or community pharmacy, prior

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

27  restriction is sought by the prescriber and not by the

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

29  an institutional setting beyond the brand-name-drug

30  restriction, such approval is authorized for 12 months and

31  monthly prior authorization is not required for that patient.


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    SB 22-A                                        First Engrossed



 1         2.  Reimbursement to pharmacies for Medicaid prescribed

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

 3  percent.

 4         3.  The agency shall develop and implement a process

 5  for managing the drug therapies of Medicaid recipients who are

 6  using significant numbers of prescribed drugs each month. The

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

 8  comprehensive, physician-directed medical-record reviews,

 9  claims analyses, and case evaluations to determine the medical

10  necessity and appropriateness of a patient's treatment plan

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

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

13  Medicaid drug benefit management program shall include

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

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

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

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

18  network based on need, competitive bidding, price

19  negotiations, credentialing, or similar criteria. The agency

20  shall give special consideration to rural areas in determining

21  the size and location of pharmacies included in the Medicaid

22  pharmacy network. A pharmacy credentialing process may include

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

24  size, patient educational programs, patient consultation,

25  disease-management services, and other characteristics. The

26  agency may impose a moratorium on Medicaid pharmacy enrollment

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

28  Medicaid-participating providers.

29         5.  The agency shall develop and implement a program

30  that requires Medicaid practitioners who prescribe drugs to

31  use a counterfeit-proof prescription pad for Medicaid


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    SB 22-A                                        First Engrossed



 1  prescriptions. The agency shall require the use of

 2  standardized counterfeit-proof prescription pads by

 3  Medicaid-participating prescribers or prescribers who write

 4  prescriptions for Medicaid recipients. The agency may

 5  implement the program in targeted geographic areas or

 6  statewide.

 7         6.  The agency may enter into arrangements that require

 8  manufacturers of generic drugs prescribed to Medicaid

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

10  average manufacturer price for the manufacturer's generic

11  products. These arrangements shall require that if a

12  generic-drug manufacturer pays federal rebates for

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

14  manufacturer must provide a supplemental rebate to the state

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

16         7.  The agency may establish a preferred drug formulary

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

18  establishment of such formulary, it is authorized to negotiate

19  supplemental rebates from manufacturers that are in addition

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

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

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

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

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

25  supplemental rebates the agency may negotiate. The agency may

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

27  competitive at lower rebate percentages. Agreement to pay the

28  minimum supplemental rebate percentage will guarantee a

29  manufacturer that the Medicaid Pharmaceutical and Therapeutics

30  Committee will consider a product for inclusion on the

31  preferred drug formulary. However, a pharmaceutical


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    SB 22-A                                        First Engrossed



 1  manufacturer is not guaranteed placement on the formulary by

 2  simply paying the minimum supplemental rebate. Agency

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

 4  recommendations of the Medicaid Pharmaceutical and

 5  Therapeutics Committee, as well as the price of competing

 6  products minus federal and state rebates. The agency is

 7  authorized to contract with an outside agency or contractor to

 8  conduct negotiations for supplemental rebates. For the

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

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

11  program benefits that offset a Medicaid expenditure. Effective

12  July 1, 2003, value-added programs as a substitution for

13  supplemental rebates are prohibited. Such other program

14  benefits may include, but are not limited to, disease

15  management programs, drug product donation programs, drug

16  utilization control programs, prescriber and beneficiary

17  counseling and education, fraud and abuse initiatives, and

18  other services or administrative investments with guaranteed

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

20  reduction is included in the General Appropriations Act. The

21  agency is authorized to seek any federal waivers to implement

22  this initiative.

23         8.  The agency shall establish an advisory committee

24  for the purposes of studying the feasibility of using a

25  restricted drug formulary for nursing home residents and other

26  institutionalized adults. The committee shall be comprised of

27  seven members appointed by the Secretary of Health Care

28  Administration. The committee members shall include two

29  physicians licensed under chapter 458 or chapter 459; three

30  pharmacists licensed under chapter 465 and appointed from a

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


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    SB 22-A                                        First Engrossed



 1  Pharmacy Alliance; and two pharmacists licensed under chapter

 2  465.

 3         9.  The Agency for Health Care Administration shall

 4  expand home delivery of pharmacy products. To assist Medicaid

 5  patients in securing their prescriptions and reduce program

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

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

 8  drugs used by Medicaid patients with diabetes. Medicaid

 9  recipients in the current program may obtain nondiabetes drugs

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

11  geographic area covered by the current contract. The agency

12  may seek and implement any federal waivers necessary to

13  implement this subparagraph.

14         (41)  The agency shall develop and implement a

15  utilization management program for Medicaid-eligible

16  recipients younger than 21 years of age for the management of

17  occupational, physical, respiratory, and speech therapies. The

18  agency shall establish a utilization program that may require

19  prior authorization in order to ensure medically necessary and

20  cost-effective treatments. The program shall be operated in

21  accordance with a federally approved waiver program or state

22  plan amendment. The agency may seek a federal waiver or state

23  plan amendment to implement this program. The agency may also

24  competitively procure these services from an outside vendor on

25  a regional or statewide basis.

26         Section 14.  Paragraphs (f) and (k) of subsection (2)

27  of section 409.9122, Florida Statutes, are amended to read:

28         409.9122  Mandatory Medicaid managed care enrollment;

29  programs and procedures.--

30         (2)

31  


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    SB 22-A                                        First Engrossed



 1         (f)  When a Medicaid recipient does not choose a

 2  managed care plan or MediPass provider, the agency shall

 3  assign the Medicaid recipient to a managed care plan or

 4  MediPass provider. Medicaid recipients who are subject to

 5  mandatory assignment but who fail to make a choice shall be

 6  assigned to managed care plans until an enrollment of 40 45

 7  percent in MediPass and 60 55 percent in managed care plans is

 8  achieved. Once this enrollment is achieved, the assignments

 9  shall be divided in order to maintain an enrollment in

10  MediPass and managed care plans which is in a 40 45 percent

11  and 60 55 percent proportion, respectively. Thereafter,

12  assignment of Medicaid recipients who fail to make a choice

13  shall be based proportionally on the preferences of recipients

14  who have made a choice in the previous period. Such

15  proportions shall be revised at least quarterly to reflect an

16  update of the preferences of Medicaid recipients. The agency

17  shall disproportionately assign Medicaid-eligible recipients

18  who are required to but have failed to make a choice of

19  managed care plan or MediPass, including children, and who are

20  to be assigned to the MediPass program to children's networks

21  as described in s. 409.912(3)(g), Children's Medical Services

22  network as defined in s. 391.021, exclusive provider

23  organizations, provider service networks, minority physician

24  networks, and pediatric emergency department diversion

25  programs authorized by this chapter or the General

26  Appropriations Act, in such manner as the agency deems

27  appropriate, until the agency has determined that the networks

28  and programs have sufficient numbers to be economically

29  operated. For purposes of this paragraph, when referring to

30  assignment, the term "managed care plans" includes health

31  maintenance organizations, exclusive provider organizations,


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    SB 22-A                                        First Engrossed



 1  provider service networks, minority physician networks,

 2  Children's Medical Services network, and pediatric emergency

 3  department diversion programs authorized by this chapter or

 4  the General Appropriations Act. Beginning July 1, 2002, the

 5  agency shall assign all children in families who have not made

 6  a choice of a managed care plan or MediPass in the required

 7  timeframe to a pediatric emergency room diversion program

 8  described in s. 409.912(3)(g) that, as of July 1, 2002, has

 9  executed a contract with the agency, until such network or

10  program has reached an enrollment of 15,000 children. Once

11  that minimum enrollment level has been reached, the agency

12  shall assign children who have not chosen a managed care plan

13  or MediPass to the network or program in a manner that

14  maintains the minimum enrollment in the network or program at

15  not less than 15,000 children. To the extent practicable, the

16  agency shall also assign all eligible children in the same

17  family to such network or program. When making assignments,

18  the agency shall take into account the following criteria:

19         1.  A managed care plan has sufficient network capacity

20  to meet the need of members.

21         2.  The managed care plan or MediPass has previously

22  enrolled the recipient as a member, or one of the managed care

23  plan's primary care providers or MediPass providers has

24  previously provided health care to the recipient.

25         3.  The agency has knowledge that the member has

26  previously expressed a preference for a particular managed

27  care plan or MediPass provider as indicated by Medicaid

28  fee-for-service claims data, but has failed to make a choice.

29         4.  The managed care plan's or MediPass primary care

30  providers are geographically accessible to the recipient's

31  residence.


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    SB 22-A                                        First Engrossed



 1         (k)  When a Medicaid recipient does not choose a

 2  managed care plan or MediPass provider, the agency shall

 3  assign the Medicaid recipient to a managed care plan, except

 4  in those counties in which there are fewer than two managed

 5  care plans accepting Medicaid enrollees, in which case

 6  assignment shall be to a managed care plan or a MediPass

 7  provider. Medicaid recipients in counties with fewer than two

 8  managed care plans accepting Medicaid enrollees who are

 9  subject to mandatory assignment but who fail to make a choice

10  shall be assigned to managed care plans until an enrollment of

11  40 45 percent in MediPass and 60 55 percent in managed care

12  plans is achieved. Once that enrollment is achieved, the

13  assignments shall be divided in order to maintain an

14  enrollment in MediPass and managed care plans which is in a 40

15  45 percent and 60 55 percent proportion, respectively. In

16  geographic areas where the agency is contracting for the

17  provision of comprehensive behavioral health services through

18  a capitated prepaid arrangement, recipients who fail to make a

19  choice shall be assigned equally to MediPass or a managed care

20  plan. For purposes of this paragraph, when referring to

21  assignment, the term "managed care plans" includes exclusive

22  provider organizations, provider service networks, Children's

23  Medical Services network, minority physician networks, and

24  pediatric emergency department diversion programs authorized

25  by this chapter or the General Appropriations Act. When making

26  assignments, the agency shall take into account the following

27  criteria:

28         1.  A managed care plan has sufficient network capacity

29  to meet the need of members.

30         2.  The managed care plan or MediPass has previously

31  enrolled the recipient as a member, or one of the managed care


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    SB 22-A                                        First Engrossed



 1  plan's primary care providers or MediPass providers has

 2  previously provided health care to the recipient.

 3         3.  The agency has knowledge that the member has

 4  previously expressed a preference for a particular managed

 5  care plan or MediPass provider as indicated by Medicaid

 6  fee-for-service claims data, but has failed to make a choice.

 7         4.  The managed care plan's or MediPass primary care

 8  providers are geographically accessible to the recipient's

 9  residence.

10         5.  The agency has authority to make mandatory

11  assignments based on quality of service and performance of

12  managed care plans.

13         Section 15.  Paragraph (q) of subsection (2) of section

14  409.815, Florida Statutes, is amended to read:

15         409.815  Health benefits coverage; limitations.--

16         (2)  BENCHMARK BENEFITS.--In order for health benefits

17  coverage to qualify for premium assistance payments for an

18  eligible child under ss. 409.810-409.820, the health benefits

19  coverage, except for coverage under Medicaid and Medikids,

20  must include the following minimum benefits, as medically

21  necessary.

22         (q)  Dental services.--Subject to a specific

23  appropriation for this benefit, Covered services include those

24  dental services provided to children by the Florida Medicaid

25  program under s. 409.906(5), up to a maximum benefit of $500

26  per enrollee per year.

27         Section 16.  If any law that is amended by this act was

28  also amended by a law enacted at the 2003 Regular Session of

29  the Legislature, such laws shall be construed as if they had

30  been enacted during the same session of the Legislature, and

31  full effect should be given to each if that is possible.


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    SB 22-A                                        First Engrossed



 1         Section 17.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2003.

 3  

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