Senate Bill sb1064c1

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    Florida Senate - 2004                           CS for SB 1064

    By the Committee on Health, Aging, and Long-Term Care; and
    Senators Saunders, Aronberg and Fasano




    317-1972-04

  1                      A bill to be entitled

  2         An act relating to Medicaid; amending s. 16.56,

  3         F.S.; adding criminal violations of s. 409.920

  4         or s. 409.9201, F.S., to the list of specified

  5         crimes within the jurisdiction of the Office of

  6         Statewide Prosecution; amending s. 400.408,

  7         F.S.; including the Medicaid Fraud Control Unit

  8         of the Department of Legal Affairs in the

  9         Agency for Health Care Administration's local

10         coordinating workgroups for identifying

11         unlicensed assisted living facilities; amending

12         s. 400.434, F.S.; giving the Medicaid Fraud

13         Control Unit of the Department of Legal Affairs

14         the authority to enter and inspect facilities

15         licensed under part III of ch. 400, F.S.;

16         amending s. 409.912, F.S.; giving the Agency

17         for Health Care Administration the authority to

18         require a confirmation or second physician's

19         opinion of the correct diagnosis before

20         authorizing payment for medical treatment;

21         authorizing the Agency for Health Care

22         Administration to impose mandatory enrollment

23         in drug-therapy-management or

24         disease-management programs for certain

25         categories of recipients; requiring that the

26         Agency for Health Care Administration and the

27         Drug Utilization Review Board consult with the

28         Department of Health; allowing termination of

29         certain practitioners from the Medicaid

30         program; providing that Medicaid recipients may

31         be mandated to participate in a provider

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    Florida Senate - 2004                           CS for SB 1064
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 1         lock-in program; amending s. 409.913, F.S.;

 2         providing specified conditions for providers to

 3         meet in order to submit claims to the Medicaid

 4         program; providing that claims may be denied if

 5         not properly submitted; providing that the

 6         agency may seek any remedy under law if a

 7         provider submits specified false or erroneous

 8         claims; providing that suspension or

 9         termination precludes participation in the

10         Medicaid program; providing that the agency is

11         required to report administrative sanctions to

12         licensing authorities for certain violations;

13         providing that the agency may withhold payment

14         to a provider under certain circumstances;

15         providing that the agency may deny payments to

16         terminated or suspended providers; authorizing

17         the agency to implement amnesty programs for

18         providers to voluntarily repay overpayments;

19         authorizing the agency to adopt rules;

20         providing for limiting, restricting, or

21         suspending Medicaid eligibility of Medicaid

22         recipients convicted of certain crimes or

23         offenses; authorizing the agency and the

24         Medicaid Fraud Control Unit of the Department

25         of Legal Affairs to review non-Medicaid-related

26         records in order to determine reconciliation of

27         a provider's records; authorizing the agency

28         head or designee to limit, restrict, or suspend

29         Medicaid eligibility for a period not to exceed

30         1 year if a recipient is convicted of a federal

31         health care crime; authorizing the Agency for

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    Florida Senate - 2004                           CS for SB 1064
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 1         Health Care Administration to limit the number

 2         of certain types of prescription claims

 3         submitted by pharmacy providers; requiring the

 4         agency to limit the allowable amount of certain

 5         types of prescriptions under specified

 6         circumstances; amending s. 409.9131, F.S.;

 7         redefining the term "peer review"; providing

 8         for peer review for purposes of determining a

 9         potential overpayment if the medical necessity

10         or quality of care is evaluated; requiring an

11         additional statement on Medicaid cost reports

12         certifying that Medicaid providers are familiar

13         with the laws and regulations regarding the

14         provision of health care services under the

15         Medicaid program; amending s. 409.920, F.S.;

16         redefining the term "knowingly" to include

17         "willfully" or "willful"; making it unlawful to

18         knowingly use or endeavor to use a Medicaid

19         provider's or a Medicaid recipient's

20         identification number or cause to be made, or

21         aid and abet in the making of, a claim for

22         items or services that are not authorized to be

23         reimbursed under the Medicaid program; defining

24         the term "paid for"; expanding the authority of

25         the Attorney General to examine patient

26         records; creating s. 409.9201, F.S.; providing

27         definitions; providing that a person who

28         knowingly sells or attempts to sell legend

29         drugs obtained through the Medicaid program

30         commits a felony; providing that a person who

31         knowingly purchases or attempts to purchase

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    Florida Senate - 2004                           CS for SB 1064
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 1         legend drugs obtained through the Medicaid

 2         program and intended for the use of another

 3         commits a felony; providing that a person who

 4         knowingly makes or conspires to make false

 5         representations for the purpose of obtaining

 6         goods or services from the Medicaid program

 7         commits a felony; providing specified criminal

 8         penalties depending on the value of the legend

 9         drugs or goods or services obtained from the

10         Medicaid program; amending s. 456.072, F.S.;

11         providing an additional ground under which a

12         health care practitioner who prescribes

13         medicinal drugs or controlled substances may be

14         subject to discipline by the Department of

15         Health or the appropriate board having

16         jurisdiction over the health care practitioner;

17         authorizing the Department of Health to

18         initiate a disciplinary investigation of

19         prescribing practitioners under specified

20         circumstances; amending s. 465.188, F.S.;

21         deleting the requirement that the Agency for

22         Health Care Administration give pharmacists at

23         least 1 week's notice prior to an audit;

24         specifying an effective date for certain audit

25         criteria; creating s. 812.0191, F.S.; providing

26         definitions; providing that a person who

27         traffics in property paid for in whole or in

28         part by the Medicaid program, or who knowingly

29         finances, directs, or traffics in such

30         property, commits a felony; providing specified

31         criminal penalties depending on the value of

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 1         the property; amending s. 895.02, F.S.; adding

 2         Medicaid recipient fraud to the definition of

 3         the term "racketeering activity"; amending s.

 4         905.34, F.S.; adding any criminal violation of

 5         s. 409.920 or s. 409.9201, F.S., to the list of

 6         crimes within the jurisdiction of the statewide

 7         grand jury; amending s. 932.701, F.S.;

 8         expanding the definition of "contraband

 9         article"; amending s. 932.7055, F.S.; requiring

10         that proceeds collected under the Florida

11         Contraband Forfeiture Act be deposited in the

12         Agency for Health Care Administration's Grants

13         and Donations Trust Fund; providing an

14         effective date.

15  

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

17  

18         Section 1.  Subsection (1) of section 16.56, Florida

19  Statutes, is amended to read:

20         16.56  Office of Statewide Prosecution.--

21         (1)  There is created in the Department of Legal

22  Affairs an Office of Statewide Prosecution.  The office shall

23  be a separate "budget entity" as that term is defined in

24  chapter 216.  The office may:

25         (a)  Investigate and prosecute the offenses of:

26         1.  Bribery, burglary, criminal usury, extortion,

27  gambling, kidnapping, larceny, murder, prostitution, perjury,

28  robbery, carjacking, and home-invasion robbery;

29         2.  Any crime involving narcotic or other dangerous

30  drugs;

31  

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 1         3.  Any violation of the provisions of the Florida RICO

 2  (Racketeer Influenced and Corrupt Organization) Act, including

 3  any offense listed in the definition of racketeering activity

 4  in s. 895.02(1)(a), providing such listed offense is

 5  investigated in connection with a violation of s. 895.03 and

 6  is charged in a separate count of an information or indictment

 7  containing a count charging a violation of s. 895.03, the

 8  prosecution of which listed offense may continue independently

 9  if the prosecution of the violation of s. 895.03 is terminated

10  for any reason;

11         4.  Any violation of the provisions of the Florida

12  Anti-Fencing Act;

13         5.  Any violation of the provisions of the Florida

14  Antitrust Act of 1980, as amended;

15         6.  Any crime involving, or resulting in, fraud or

16  deceit upon any person;

17         7.  Any violation of s. 847.0135, relating to computer

18  pornography and child exploitation prevention, or any offense

19  related to a violation of s. 847.0135;

20         8.  Any violation of the provisions of chapter 815; or

21         9.  Any criminal violation of part I of chapter 499; or

22         10.  Any criminal violation of s. 409.920 or s.

23  409.9201.

24  

25  or any attempt, solicitation, or conspiracy to commit any of

26  the crimes specifically enumerated above.  The office shall

27  have such power only when any such offense is occurring, or

28  has occurred, in two or more judicial circuits as part of a

29  related transaction, or when any such offense is connected

30  with an organized criminal conspiracy affecting two or more

31  judicial circuits.

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    Florida Senate - 2004                           CS for SB 1064
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 1         (b)  Upon request, cooperate with and assist state

 2  attorneys and state and local law enforcement officials in

 3  their efforts against organized crimes.

 4         (c)  Request and receive from any department, division,

 5  board, bureau, commission, or other agency of the state, or of

 6  any political subdivision thereof, cooperation and assistance

 7  in the performance of its duties.

 8         Section 2.  Paragraph (i) of subsection (1) of section

 9  400.408, Florida Statutes, is amended to read:

10         400.408  Unlicensed facilities; referral of person for

11  residency to unlicensed facility; penalties; verification of

12  licensure status.--

13         (1)

14         (i)  Each field office of the Agency for Health Care

15  Administration shall establish a local coordinating workgroup

16  which includes representatives of local law enforcement

17  agencies, state attorneys, the Medicaid Fraud Control Unit of

18  the Department of Legal Affairs, local fire authorities, the

19  Department of Children and Family Services, the district

20  long-term care ombudsman council, and the district human

21  rights advocacy committee to assist in identifying the

22  operation of unlicensed facilities and to develop and

23  implement a plan to ensure effective enforcement of state laws

24  relating to such facilities. The workgroup shall report its

25  findings, actions, and recommendations semiannually to the

26  Director of Health Facility Regulation of the agency.

27         Section 3.  Section 400.434, Florida Statutes, is

28  amended to read:

29         400.434  Right of entry and inspection.--Any duly

30  designated officer or employee of the department, the

31  Department of Children and Family Services, the agency, the

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 1  Medicaid Fraud Control Unit of the Department of Legal

 2  Affairs, the state or local fire marshal, or a member of the

 3  state or local long-term care ombudsman council shall have the

 4  right to enter unannounced upon and into the premises of any

 5  facility licensed pursuant to this part in order to determine

 6  the state of compliance with the provisions of this part and

 7  of rules or standards in force pursuant thereto.  The right of

 8  entry and inspection shall also extend to any premises which

 9  the agency has reason to believe is being operated or

10  maintained as a facility without a license; but no such entry

11  or inspection of any premises may be made without the

12  permission of the owner or person in charge thereof, unless a

13  warrant is first obtained from the circuit court authorizing

14  such entry.  The warrant requirement shall extend only to a

15  facility which the agency has reason to believe is being

16  operated or maintained as a facility without a license.  Any

17  application for a license or renewal thereof made pursuant to

18  this part shall constitute permission for, and complete

19  acquiescence in, any entry or inspection of the premises for

20  which the license is sought, in order to facilitate

21  verification of the information submitted on or in connection

22  with the application; to discover, investigate, and determine

23  the existence of abuse or neglect; or to elicit, receive,

24  respond to, and resolve complaints. Any current valid license

25  shall constitute unconditional permission for, and complete

26  acquiescence in, any entry or inspection of the premises by

27  authorized personnel.  The agency shall retain the right of

28  entry and inspection of facilities that have had a license

29  revoked or suspended within the previous 24 months, to ensure

30  that the facility is not operating unlawfully. However, before

31  entering the facility, a statement of probable cause must be

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 1  filed with the director of the agency, who must approve or

 2  disapprove the action within 48 hours.  Probable cause shall

 3  include, but is not limited to, evidence that the facility

 4  holds itself out to the public as a provider of personal care

 5  services or the receipt of a complaint by the long-term care

 6  ombudsman council about the facility. Data collected by the

 7  state or local long-term care ombudsman councils or the state

 8  or local advocacy councils may be used by the agency in

 9  investigations involving violations of regulatory standards.

10         Section 4.  Section 409.912, Florida Statutes, is

11  amended to read:

12         409.912  Cost-effective purchasing of health care.--The

13  agency shall purchase goods and services for Medicaid

14  recipients in the most cost-effective manner consistent with

15  the delivery of quality medical care. To ensure that medical

16  services are effectively utilized, the agency may, in any

17  case, require a confirmation or second physician's opinion of

18  the correct diagnosis before authorizing payment for medical

19  treatment. Such confirmation or second opinion shall be

20  rendered in a manner approved by the agency. The agency shall

21  maximize the use of prepaid per capita and prepaid aggregate

22  fixed-sum basis services when appropriate and other

23  alternative service delivery and reimbursement methodologies,

24  including competitive bidding pursuant to s. 287.057, designed

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

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

27  minimize the exposure of recipients to the need for acute

28  inpatient, custodial, and other institutional care and the

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

30  agency may mandate establish prior authorization, drug therapy

31  management, or disease management participation requirements

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    Florida Senate - 2004                           CS for SB 1064
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 1  for certain populations of Medicaid beneficiaries, certain

 2  drug classes, or particular drugs to prevent fraud, abuse,

 3  overuse, and possible dangerous drug interactions. The

 4  Pharmaceutical and Therapeutics Committee shall make

 5  recommendations to the agency on drugs for which prior

 6  authorization is required. The agency shall inform the

 7  Pharmaceutical and Therapeutics Committee of its decisions

 8  regarding drugs subject to prior authorization.

 9         (1)  The agency shall work with the Department of

10  Children and Family Services to ensure access of children and

11  families in the child protection system to needed and

12  appropriate mental health and substance abuse services.

13         (2)  The agency may enter into agreements with

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

15  the Federal Government and accept such duties in respect to

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

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

18  409.901-409.920.

19         (3)  The agency may contract with health maintenance

20  organizations certified pursuant to part I of chapter 641 for

21  the provision of services to recipients.

22         (4)  The agency may contract with:

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

24  services other than Medicaid services under contract with the

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

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

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

28  to recipients, which entity may provide such prepaid services

29  either directly or through arrangements with other providers.

30  Such prepaid health care services entities must be licensed

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

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

 2  recognized under this paragraph which demonstrates to the

 3  satisfaction of the Office of Insurance Regulation of the

 4  Financial Services Commission that it is backed by the full

 5  faith and credit of the county in which it is located may be

 6  exempted from s. 641.225.

 7         (b)  An entity that is providing comprehensive

 8  behavioral health care services to certain Medicaid recipients

 9  through a capitated, prepaid arrangement pursuant to the

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

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

12  641 and must possess the clinical systems and operational

13  competence to manage risk and provide comprehensive behavioral

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

15  the term "comprehensive behavioral health care services" means

16  covered mental health and substance abuse treatment services

17  that are available to Medicaid recipients. The secretary of

18  the Department of Children and Family Services shall approve

19  provisions of procurements related to children in the

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

21  in a prepaid behavioral health plan. Any contract awarded

22  under this paragraph must be competitively procured. In

23  developing the behavioral health care prepaid plan procurement

24  document, the agency shall ensure that the procurement

25  document requires the contractor to develop and implement a

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

27  provided to residents of licensed assisted living facilities

28  that hold a limited mental health license. The agency shall

29  seek federal approval to contract with a single entity meeting

30  these requirements to provide comprehensive behavioral health

31  care services to all Medicaid recipients in an AHCA area. Each

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 1  entity must offer sufficient choice of providers in its

 2  network to ensure recipient access to care and the opportunity

 3  to select a provider with whom they are satisfied. The network

 4  shall include all public mental health hospitals. To ensure

 5  unimpaired access to behavioral health care services by

 6  Medicaid recipients, all contracts issued pursuant to this

 7  paragraph shall require 80 percent of the capitation paid to

 8  the managed care plan, including health maintenance

 9  organizations, to be expended for the provision of behavioral

10  health care services. In the event the managed care plan

11  expends less than 80 percent of the capitation paid pursuant

12  to this paragraph for the provision of behavioral health care

13  services, the difference shall be returned to the agency. The

14  agency shall provide the managed care plan with a

15  certification letter indicating the amount of capitation paid

16  during each calendar year for the provision of behavioral

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

18  reimburse for substance abuse treatment services on a

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

20  funds are available for capitated, prepaid arrangements.

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

22  contracts with the entities providing comprehensive inpatient

23  and outpatient mental health care services to Medicaid

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

25  Polk Counties, to include substance abuse treatment services.

26         2.  By July 1, 2003, the agency and the Department of

27  Children and Family Services shall execute a written agreement

28  that requires collaboration and joint development of all

29  policy, budgets, procurement documents, contracts, and

30  monitoring plans that have an impact on the state and Medicaid

31  community mental health and targeted case management programs.

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 1         3.  By July 1, 2006, the agency and the Department of

 2  Children and Family Services shall contract with managed care

 3  entities in each AHCA area except area 6 or arrange to provide

 4  comprehensive inpatient and outpatient mental health and

 5  substance abuse services through capitated prepaid

 6  arrangements to all Medicaid recipients who are eligible to

 7  participate in such plans under federal law and regulation. In

 8  AHCA areas where eligible individuals number less than

 9  150,000, the agency shall contract with a single managed care

10  plan. The agency may contract with more than one plan in AHCA

11  areas where the eligible population exceeds 150,000. Contracts

12  awarded pursuant to this section shall be competitively

13  procured. Both for-profit and not-for-profit corporations

14  shall be eligible to compete.

15         4.  By October 1, 2003, the agency and the department

16  shall submit a plan to the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives which

18  provides for the full implementation of capitated prepaid

19  behavioral health care in all areas of the state. The plan

20  shall include provisions which ensure that children and

21  families receiving foster care and other related services are

22  appropriately served and that these services assist the

23  community-based care lead agencies in meeting the goals and

24  outcomes of the child welfare system. The plan will be

25  developed with the participation of community-based lead

26  agencies, community alliances, sheriffs, and community

27  providers serving dependent children.

28         a.  Implementation shall begin in 2003 in those AHCA

29  areas of the state where the agency is able to establish

30  sufficient capitation rates.

31  

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 1         b.  If the agency determines that the proposed

 2  capitation rate in any area is insufficient to provide

 3  appropriate services, the agency may adjust the capitation

 4  rate to ensure that care will be available. The agency and the

 5  department may use existing general revenue to address any

 6  additional required match but may not over-obligate existing

 7  funds on an annualized basis.

 8         c.  Subject to any limitations provided for in the

 9  General Appropriations Act, the agency, in compliance with

10  appropriate federal authorization, shall develop policies and

11  procedures that allow for certification of local and state

12  funds.

13         5.  Children residing in a statewide inpatient

14  psychiatric program, or in a Department of Juvenile Justice or

15  a Department of Children and Family Services residential

16  program approved as a Medicaid behavioral health overlay

17  services provider shall not be included in a behavioral health

18  care prepaid health plan pursuant to this paragraph.

19         6.  In converting to a prepaid system of delivery, the

20  agency shall in its procurement document require an entity

21  providing comprehensive behavioral health care services to

22  prevent the displacement of indigent care patients by

23  enrollees in the Medicaid prepaid health plan providing

24  behavioral health care services from facilities receiving

25  state funding to provide indigent behavioral health care, to

26  facilities licensed under chapter 395 which do not receive

27  state funding for indigent behavioral health care, or

28  reimburse the unsubsidized facility for the cost of behavioral

29  health care provided to the displaced indigent care patient.

30         7.  Traditional community mental health providers under

31  contract with the Department of Children and Family Services

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 1  pursuant to part IV of chapter 394, child welfare providers

 2  under contract with the Department of Children and Family

 3  Services, and inpatient mental health providers licensed

 4  pursuant to chapter 395 must be offered an opportunity to

 5  accept or decline a contract to participate in any provider

 6  network for prepaid behavioral health services.

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

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

 9  entity owned by other migrant and community health centers

10  receiving non-Medicaid financial support from the Federal

11  Government to provide health care services on a prepaid or

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

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

14  chapter 641, but shall be prohibited from serving Medicaid

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

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

17  if the entity meets the requirements specified in subsections

18  (15) and (16).

19         (d)  A provider service network may be reimbursed on a

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

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

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

23  appropriate financial reserve, quality assurance, and patient

24  rights requirements as established by the agency.  The agency

25  shall award contracts on a competitive bid basis and shall

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

27  recipients assigned to a demonstration project shall be chosen

28  equally from those who would otherwise have been assigned to

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

30  federal Medicaid waivers as necessary to implement the

31  provisions of this section.

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 1         (e)  An entity that provides comprehensive behavioral

 2  health care services to certain Medicaid recipients through an

 3  administrative services organization agreement. Such an entity

 4  must possess the clinical systems and operational competence

 5  to provide comprehensive health care to Medicaid recipients.

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

 7  health care services" means covered mental health and

 8  substance abuse treatment services that are available to

 9  Medicaid recipients. Any contract awarded under this paragraph

10  must be competitively procured. The agency must ensure that

11  Medicaid recipients have available the choice of at least two

12  managed care plans for their behavioral health care services.

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

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

15  care to Medicaid recipients with degenerative neurological

16  diseases and other diseases or disabling conditions associated

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

18  serve very disabled persons and to reduce Medicaid reimbursed

19  costs for inpatient, outpatient, and emergency department

20  services. The agency shall contract with vendors on a

21  risk-sharing basis.

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

23  coordination and care management for Medicaid-eligible

24  pediatric patients, primary care, authorization of specialty

25  care, and other urgent and emergency care through organized

26  providers designed to service Medicaid eligibles under age 18

27  and pediatric emergency departments' diversion programs. The

28  networks shall provide after-hour operations, including

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

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

31  departments.

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

 2  with the agency and the Department of Elderly Affairs to

 3  provide health care and social services on a prepaid or

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

 5  care services entities are exempt from the provisions of part

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

 7  recognized under this paragraph that demonstrates to the

 8  satisfaction of the Office of Insurance Regulation that it is

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

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

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

12  in s. 391.021.

13         (5)  By October 1, 2003, the agency and the department

14  shall, to the extent feasible, develop a plan for implementing

15  new Medicaid procedure codes for emergency and crisis care,

16  supportive residential services, and other services designed

17  to maximize the use of Medicaid funds for Medicaid-eligible

18  recipients. The agency shall include in the agreement

19  developed pursuant to subsection (4) a provision that ensures

20  that the match requirements for these new procedure codes are

21  met by certifying eligible general revenue or local funds that

22  are currently expended on these services by the department

23  with contracted alcohol, drug abuse, and mental health

24  providers. The plan must describe specific procedure codes to

25  be implemented, a projection of the number of procedures to be

26  delivered during fiscal year 2003-2004, and a financial

27  analysis that describes the certified match procedures, and

28  accountability mechanisms, projects the earnings associated

29  with these procedures, and describes the sources of state

30  match. This plan may not be implemented in any part until

31  approved by the Legislative Budget Commission. If such

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    Florida Senate - 2004                           CS for SB 1064
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 1  approval has not occurred by December 31, 2003, the plan shall

 2  be submitted for consideration by the 2004 Legislature.

 3         (6)  The agency may contract with any public or private

 4  entity otherwise authorized by this section on a prepaid or

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

 6  recipients. An entity may provide prepaid services to

 7  recipients, either directly or through arrangements with other

 8  entities, if each entity involved in providing services:

 9         (a)  Is organized primarily for the purpose of

10  providing health care or other services of the type regularly

11  offered to Medicaid recipients;

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

13  the agency for quality, appropriateness, and timeliness;

14         (c)  Makes provisions satisfactory to the agency for

15  insolvency protection and ensures that neither enrolled

16  Medicaid recipients nor the agency will be liable for the

17  debts of the entity;

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

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

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

21  equivalent liquid assets excluding revenues from Medicaid

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

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

24         (e)  Furnishes evidence satisfactory to the agency of

25  adequate liability insurance coverage or an adequate plan of

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

27  of the furnishing of health care;

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

29  periodic review of its medical facilities and services, as

30  required by the agency; and

31  

                                  18

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 1         (g)  Provides organizational, operational, financial,

 2  and other information required by the agency.

 3         (7)  The agency may contract on a prepaid or fixed-sum

 4  basis with any health insurer that:

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

 6  Medicaid recipients in exchange for a premium payment paid by

 7  the agency;

 8         (b)  Assumes the underwriting risk; and

 9         (c)  Is organized and licensed under applicable

10  provisions of the Florida Insurance Code and is currently in

11  good standing with the Office of Insurance Regulation.

12         (8)  The agency may contract on a prepaid or fixed-sum

13  basis with an exclusive provider organization to provide

14  health care services to Medicaid recipients provided that the

15  exclusive provider organization meets applicable managed care

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

17  409.9128, and 627.6472, and other applicable provisions of

18  law.

19         (9)  The Agency for Health Care Administration may

20  provide cost-effective purchasing of chiropractic services on

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

22  arrangements with a statewide chiropractic preferred provider

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

24  corporation.  The agency shall ensure that the benefit limits

25  and prior authorization requirements in the current Medicaid

26  program shall apply to the services provided by the

27  chiropractic preferred provider organization.

28         (10)  The agency shall not contract on a prepaid or

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

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

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

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    Florida Senate - 2004                           CS for SB 1064
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 1  interest in excess of 5 percent common or preferred stock, or

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

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

 4  to:

 5         (a)  Fraud;

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

 7  including those proscribing price fixing between competitors

 8  and the allocation of customers among competitors;

 9         (c)  Commission of a felony involving embezzlement,

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

11  destruction of records, making false statements, receiving

12  stolen property, making false claims, or obstruction of

13  justice; or

14         (d)  Any crime in any jurisdiction which directly

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

16  fixed-sum basis.

17         (11)  The agency, after notifying the Legislature, may

18  apply for waivers of applicable federal laws and regulations

19  as necessary to implement more appropriate systems of health

20  care for Medicaid recipients and reduce the cost of the

21  Medicaid program to the state and federal governments and

22  shall implement such programs, after legislative approval,

23  within a reasonable period of time after federal approval.

24  These programs must be designed primarily to reduce the need

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

26  institutional care, and other high-cost services.

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

28  waiver as authorized by this subsection, the agency shall

29  provide notice and an opportunity for public comment.  Notice

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

31  agency for advance notice and shall be published in the

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 1  Florida Administrative Weekly not less than 28 days prior to

 2  the intended action.

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

 4  appropriated to the Department of Elderly Affairs for the

 5  Assisted Living for the Elderly Medicaid waiver and are not

 6  expended shall be transferred to the agency to fund

 7  Medicaid-reimbursed nursing home care.

 8         (12)  The agency shall establish a postpayment

 9  utilization control program designed to identify recipients

10  who may inappropriately overuse or underuse Medicaid services

11  and shall provide methods to correct such misuse.

12         (13)  The agency shall develop and provide coordinated

13  systems of care for Medicaid recipients and may contract with

14  public or private entities to develop and administer such

15  systems of care among public and private health care providers

16  in a given geographic area.

17         (14)  The agency shall operate or contract for the

18  operation of utilization management and incentive systems

19  designed to encourage cost-effective use services.

20         (15)(a)  The agency shall operate the Comprehensive

21  Assessment and Review (CARES) nursing facility preadmission

22  screening program to ensure that Medicaid payment for nursing

23  facility care is made only for individuals whose conditions

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

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

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

27  CARES program shall also ensure that individuals participating

28  in Medicaid home and community-based waiver programs meet

29  criteria for those programs, consistent with approved federal

30  waivers.

31  

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    Florida Senate - 2004                           CS for SB 1064
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 1         (b)  The agency shall operate the CARES program through

 2  an interagency agreement with the Department of Elderly

 3  Affairs.

 4         (c)  Prior to making payment for nursing facility

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

 6  the nursing facility preadmission screening program has

 7  determined that the individual requires nursing facility care

 8  and that the individual cannot be safely served in

 9  community-based programs. The nursing facility preadmission

10  screening program shall refer a Medicaid recipient to a

11  community-based program if the individual could be safely

12  served at a lower cost and the recipient chooses to

13  participate in such program.

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

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

16  Policy describing the operations of the CARES program. The

17  report must describe:

18         1.  Rate of diversion to community alternative

19  programs;

20         2.  CARES program staffing needs to achieve additional

21  diversions;

22         3.  Reasons the program is unable to place individuals

23  in less restrictive settings when such individuals desired

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

25         4.  Barriers to appropriate placement, including

26  barriers due to policies or operations of other agencies or

27  state-funded programs; and

28         5.  Statutory changes necessary to ensure that

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

30  the least restrictive environment.

31  

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    Florida Senate - 2004                           CS for SB 1064
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 1         (16)(a)  The agency shall identify health care

 2  utilization and price patterns within the Medicaid program

 3  which are not cost-effective or medically appropriate and

 4  assess the effectiveness of new or alternate methods of

 5  providing and monitoring service, and may implement such

 6  methods as it considers appropriate. Such methods may include

 7  disease management initiatives, an integrated and systematic

 8  approach for managing the health care needs of recipients who

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

10  best practices, prevention strategies, clinical-practice

11  improvement, clinical interventions and protocols, outcomes

12  research, information technology, and other tools and

13  resources to reduce overall costs and improve measurable

14  outcomes.

15         (b)  The responsibility of the agency under this

16  subsection shall include the development of capabilities to

17  identify actual and optimal practice patterns; patient and

18  provider educational initiatives; methods for determining

19  patient compliance with prescribed treatments; fraud, waste,

20  and abuse prevention and detection programs; and beneficiary

21  case management programs.

22         1.  The practice pattern identification program shall

23  evaluate practitioner prescribing patterns based on national

24  and regional practice guidelines, comparing practitioners to

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

26  Board shall consult with the Department of Health and a panel

27  of practicing health care professionals consisting of the

28  following: the Speaker of the House of Representatives and the

29  President of the Senate shall each appoint three physicians

30  licensed under chapter 458 or chapter 459; and the Governor

31  shall appoint two pharmacists licensed under chapter 465 and

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    Florida Senate - 2004                           CS for SB 1064
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 1  one dentist licensed under chapter 466 who is an oral surgeon.

 2  Terms of the panel members shall expire at the discretion of

 3  the appointing official. The panel shall begin its work by

 4  August 1, 1999, regardless of the number of appointments made

 5  by that date. The advisory panel shall be responsible for

 6  evaluating treatment guidelines and recommending ways to

 7  incorporate their use in the practice pattern identification

 8  program. Practitioners who are prescribing inappropriately or

 9  inefficiently, as determined by the agency, may have their

10  prescribing of certain drugs subject to prior authorization or

11  may be terminated from all participation in the Medicaid

12  program.

13         2.  The agency shall also develop educational

14  interventions designed to promote the proper use of

15  medications by providers and beneficiaries.

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

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

18  of credit requirement for participating pharmacies, enhanced

19  provider auditing practices, the use of additional fraud and

20  abuse software, recipient management programs for

21  beneficiaries inappropriately using their benefits, and other

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

23  and abuse. The initiative shall address enforcement efforts to

24  reduce the number and use of counterfeit prescriptions.

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

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

27  clinical pharmacology drug information database for

28  practitioners. The initiative shall be designed to enhance the

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

30  prescription drug benefit program and to otherwise further the

31  intent of this paragraph.

                                  24

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

 2  to implement this paragraph.

 3         (17)  An entity contracting on a prepaid or fixed-sum

 4  basis shall, in addition to meeting any applicable statutory

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

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

 7  allowable as admitted assets by the Office of Insurance

 8  Regulation, and restricted funds or deposits controlled by the

 9  agency or the Office of Insurance Regulation, a surplus amount

10  equal to one-and-one-half times the entity's monthly Medicaid

11  prepaid revenues. As used in this subsection, the term

12  "surplus" means the entity's total assets minus total

13  liabilities. If an entity's surplus falls below an amount

14  equal to one-and-one-half times the entity's monthly Medicaid

15  prepaid revenues, the agency shall prohibit the entity from

16  engaging in marketing and preenrollment activities, shall

17  cease to process new enrollments, and shall not renew the

18  entity's contract until the required balance is achieved.  The

19  requirements of this subsection do not apply:

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

21  incurred by the contracting entity; or

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

23  guaranteed in writing by a guaranteeing organization which:

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

25  assets in excess of $50 million; or

26         2.  Submits a written guarantee acceptable to the

27  agency which is irrevocable during the term of the contracting

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

29  contract, until the agency receives proof of satisfaction of

30  all outstanding obligations incurred under the contract.

31  

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 1         (18)(a)  The agency may require an entity contracting

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

 3  insolvency protection account with a federally guaranteed

 4  financial institution licensed to do business in this state.

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

 6  capitation payments made by the agency each month until a

 7  maximum total of 2 percent of the total current contract

 8  amount is reached. The restricted insolvency protection

 9  account may be drawn upon with the authorized signatures of

10  two persons designated by the entity and two representatives

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

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

13  the two authorized signatures of representatives of the

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

15  obligations incurred by the entity under the prepaid contract.

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

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

18  upon receipt of proof of satisfaction of all outstanding

19  obligations incurred under this contract.

20         (b)  The agency may waive the insolvency protection

21  account requirement in writing when evidence is on file with

22  the agency of adequate insolvency insurance and reinsurance

23  that will protect enrollees if the entity becomes unable to

24  meet its obligations.

25         (19)  An entity that contracts with the agency on a

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

27  services shall reimburse any hospital or physician that is

28  outside the entity's authorized geographic service area as

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

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

31  

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    Florida Senate - 2004                           CS for SB 1064
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 1  negotiated with the hospital or physician for the provision of

 2  services or according to the lesser of the following:

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

 4  general public by the hospital or physician; or

 5         (b)  The Florida Medicaid reimbursement rate

 6  established for the hospital or physician.

 7         (20)  When a merger or acquisition of a Medicaid

 8  prepaid contractor has been approved by the Office of

 9  Insurance Regulation pursuant to s. 628.4615, the agency shall

10  approve the assignment or transfer of the appropriate Medicaid

11  prepaid contract upon request of the surviving entity of the

12  merger or acquisition if the contractor and the other entity

13  have been in good standing with the agency for the most recent

14  12-month period, unless the agency determines that the

15  assignment or transfer would be detrimental to the Medicaid

16  recipients or the Medicaid program.  To be in good standing,

17  an entity must not have failed accreditation or committed any

18  material violation of the requirements of s. 641.52 and must

19  meet the Medicaid contract requirements.  For purposes of this

20  section, a merger or acquisition means a change in controlling

21  interest of an entity, including an asset or stock purchase.

22         (21)  Any entity contracting with the agency pursuant

23  to this section to provide health care services to Medicaid

24  recipients is prohibited from engaging in any of the following

25  practices or activities:

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

27  not limited to, attempts to discourage participation on the

28  basis of actual or perceived health status.

29         (b)  Activities that could mislead or confuse

30  recipients, or misrepresent the organization, its marketing

31  

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 1  representatives, or the agency. Violations of this paragraph

 2  include, but are not limited to:

 3         1.  False or misleading claims that marketing

 4  representatives are employees or representatives of the state

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

 6  organization by whom they are reimbursed.

 7         2.  False or misleading claims that the entity is

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

 9  any other organization which has not certified its endorsement

10  in writing to the entity.

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

12  recommends that a Medicaid recipient enroll with an entity.

13         4.  Claims that a Medicaid recipient will lose benefits

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

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

16  recipient does not enroll with the entity.

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

18  valuable consideration for enrollment, except as authorized by

19  subsection (22).

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

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

22  make a presentation.

23         (e)  Solicitation of Medicaid recipients by marketing

24  representatives stationed in state offices unless approved and

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

26  affected state agency when solicitation occurs in an office of

27  the state agency.  The agency shall ensure that marketing

28  representatives stationed in state offices shall market their

29  managed care plans to Medicaid recipients only in designated

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

31  recipients' activities in the state office.

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 1         (f)  Enrollment of Medicaid recipients.

 2         (22)  The agency may impose a fine for a violation of

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

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

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

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

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

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

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

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

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

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

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

14  action.

15         (23)  A health maintenance organization or a person or

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

17  agency for the provision of health care services to Medicaid

18  recipients may not use or distribute marketing materials used

19  to solicit Medicaid recipients, unless such materials have

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

21  do not apply to general advertising and marketing materials

22  used by a health maintenance organization to solicit both

23  non-Medicaid subscribers and Medicaid recipients.

24         (24)  Upon approval by the agency, health maintenance

25  organizations and persons or entities exempt from chapter 641

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

27  health care services to Medicaid recipients may be permitted

28  within the capitation rate to provide additional health

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

30  practicably available, provide reasonable value to the

31  

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    Florida Senate - 2004                           CS for SB 1064
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 1  recipient, and are provided at no additional cost to the

 2  state.

 3         (25)  The agency shall utilize the statewide health

 4  maintenance organization complaint hotline for the purpose of

 5  investigating and resolving Medicaid and prepaid health plan

 6  complaints, maintaining a record of complaints and confirmed

 7  problems, and receiving disenrollment requests made by

 8  recipients.

 9         (26)  The agency shall require the publication of the

10  health maintenance organization's and the prepaid health

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

12  telephone number of the statewide health maintenance

13  organization complaint hotline on each Medicaid identification

14  card issued by a health maintenance organization or prepaid

15  health plan contracting with the agency to serve Medicaid

16  recipients and on each subscriber handbook issued to a

17  Medicaid recipient.

18         (27)  The agency shall establish a health care quality

19  improvement system for those entities contracting with the

20  agency pursuant to this section, incorporating all the

21  standards and guidelines developed by the Medicaid Bureau of

22  the Health Care Financing Administration as a part of the

23  quality assurance reform initiative.  The system shall

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

25         (a)  Guidelines for internal quality assurance

26  programs, including standards for:

27         1.  Written quality assurance program descriptions.

28         2.  Responsibilities of the governing body for

29  monitoring, evaluating, and making improvements to care.

30         3.  An active quality assurance committee.

31         4.  Quality assurance program supervision.

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 1         5.  Requiring the program to have adequate resources to

 2  effectively carry out its specified activities.

 3         6.  Provider participation in the quality assurance

 4  program.

 5         7.  Delegation of quality assurance program activities.

 6         8.  Credentialing and recredentialing.

 7         9.  Enrollee rights and responsibilities.

 8         10.  Availability and accessibility to services and

 9  care.

10         11.  Ambulatory care facilities.

11         12.  Accessibility and availability of medical records,

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

13         13.  Utilization review.

14         14.  A continuity of care system.

15         15.  Quality assurance program documentation.

16         16.  Coordination of quality assurance activity with

17  other management activity.

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

19  elderly and disabled recipients, especially those who are at

20  risk of institutional placement; to persons with developmental

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

22  medical conditions.

23         (b)  Guidelines which require the entities to conduct

24  quality-of-care studies which:

25         1.  Target specific conditions and specific health

26  service delivery issues for focused monitoring and evaluation.

27         2.  Use clinical care standards or practice guidelines

28  to objectively evaluate the care the entity delivers or fails

29  to deliver for the targeted clinical conditions and health

30  services delivery issues.

31  

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    Florida Senate - 2004                           CS for SB 1064
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 1         3.  Use quality indicators derived from the clinical

 2  care standards or practice guidelines to screen and monitor

 3  care and services delivered.

 4         (c)  Guidelines for external quality review of each

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

 6  individual care review in specific situations; and followup

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

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

 9  quality review function and determining how it is to operate

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

11  agency shall construct its external quality review

12  organization and entity contracts to address each of the

13  following:

14         1.  Delineating the role of the external quality review

15  organization.

16         2.  Length of the external quality review organization

17  contract with the state.

18         3.  Participation of the contracting entities in

19  designing external quality review organization review

20  activities.

21         4.  Potential variation in the type of clinical

22  conditions and health services delivery issues to be studied

23  at each plan.

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

25  studies to be conducted for each plan.

26         6.  Methods for implementing focused studies.

27         7.  Individual care review.

28         8.  Followup activities.

29         (28)  In order to ensure that children receive health

30  care services for which an entity has already been

31  compensated, an entity contracting with the agency pursuant to

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    Florida Senate - 2004                           CS for SB 1064
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 1  this section shall achieve an annual Early and Periodic

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

 3  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

 9  established in the corrective action plan during the specified

10  timeframe, the agency is authorized to impose appropriate

11  contract sanctions.  At least annually, the agency shall

12  publicly release the EPSDT Services screening rates of each

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

14  Medicaid recipients.

15         (29)  The agency shall perform enrollments and

16  disenrollments for Medicaid recipients who are eligible for

17  MediPass or managed care plans. Notwithstanding the

18  prohibition contained in paragraph (19)(f), managed care plans

19  may perform preenrollments of Medicaid recipients under the

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

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

22  and educational materials to a Medicaid recipient and

23  assistance in completing the application forms, but shall not

24  include actual enrollment into a managed care plan.  An

25  application for enrollment shall not be deemed complete until

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

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

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

29  marketing initiatives to inform Medicaid recipients about

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

31  report to the Legislature on the effectiveness of such

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    Florida Senate - 2004                           CS for SB 1064
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 1  initiatives. The agency may contract with a third party to

 2  perform managed care plan and MediPass enrollment and

 3  disenrollment services for Medicaid recipients and is

 4  authorized to adopt rules to implement such services. The

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

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

 7  for agency supervision and management of the managed care plan

 8  enrollment and disenrollment contract.

 9         (30)  Any lists of providers made available to Medicaid

10  recipients, MediPass enrollees, or managed care plan enrollees

11  shall be arranged alphabetically showing the provider's name

12  and specialty and, separately, by specialty in alphabetical

13  order.

14         (31)  The agency shall establish an enhanced managed

15  care quality assurance oversight function, to include at least

16  the following components:

17         (a)  At least quarterly analysis and followup,

18  including sanctions as appropriate, of managed care

19  participant utilization of services.

20         (b)  At least quarterly analysis and followup,

21  including sanctions as appropriate, of quality findings of the

22  Medicaid peer review organization and other external quality

23  assurance programs.

24         (c)  At least quarterly analysis and followup,

25  including sanctions as appropriate, of the fiscal viability of

26  managed care plans.

27         (d)  At least quarterly analysis and followup,

28  including sanctions as appropriate, of managed care

29  participant satisfaction and disenrollment surveys.

30         (e)  The agency shall conduct regular and ongoing

31  Medicaid recipient satisfaction surveys.

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 1  

 2  The analyses and followup activities conducted by the agency

 3  under its enhanced managed care quality assurance oversight

 4  function shall not duplicate the activities of accreditation

 5  reviewers for entities regulated under part III of chapter

 6  641, but may include a review of the finding of such

 7  reviewers.

 8         (32)  Each managed care plan that is under contract

 9  with the agency to provide health care services to Medicaid

10  recipients shall annually conduct a background check with the

11  Florida Department of Law Enforcement of all persons with

12  ownership interest of 5 percent or more or executive

13  management responsibility for the managed care plan and shall

14  submit to the agency information concerning any such person

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

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

17  offenses listed in s. 435.03.

18         (33)  The agency shall, by rule, develop a process

19  whereby a Medicaid managed care plan enrollee who wishes to

20  enter hospice care may be disenrolled from the managed care

21  plan within 24 hours after contacting the agency regarding

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

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

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

25  disenrollment occurs.

26         (34)  The agency and entities which contract with the

27  agency to provide health care services to Medicaid recipients

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

29  provisions of s. 641.513 in providing emergency services and

30  care to Medicaid recipients and MediPass recipients.

31  

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 1         (35)  All entities providing health care services to

 2  Medicaid recipients shall make available, and encourage all

 3  pregnant women and mothers with infants to receive, and

 4  provide documentation in the medical records to reflect, the

 5  following:

 6         (a)  Healthy Start prenatal or infant screening.

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

 8  other factors indicate need.

 9         (c)  Healthy Start enhanced services in accordance with

10  the prenatal or infant screening results.

11         (d)  Immunizations in accordance with recommendations

12  of the Advisory Committee on Immunization Practices of the

13  United States Public Health Service and the American Academy

14  of Pediatrics, as appropriate.

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

16  women and their partners.

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

18  voluntary family planning, to include discussion of all

19  methods of contraception, as appropriate.

20         (g)  Referral to the Special Supplemental Nutrition

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

22         (36)  Any entity that provides Medicaid prepaid health

23  plan services shall ensure the appropriate coordination of

24  health care services with an assisted living facility in cases

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

26  prepaid health plan and a resident of the assisted living

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

28  management and behavioral health services, the entity shall

29  inform the assisted living facility of the procedures to

30  follow should an emergent condition arise.

31  

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 1         (37)  The agency may seek and implement federal waivers

 2  necessary to provide for cost-effective purchasing of home

 3  health services, private duty nursing services,

 4  transportation, independent laboratory services, and durable

 5  medical equipment and supplies through competitive bidding

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

 7  waivers from the federal Health Care Financing Administration

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

 9  exclude providers not selected through the bidding process

10  from the Medicaid provider network.

11         (38)  The Agency for Health Care Administration is

12  directed to issue a request for proposal or intent to

13  negotiate to implement on a demonstration basis an outpatient

14  specialty services pilot project in a rural and urban county

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

16  "outpatient specialty services" means clinical laboratory,

17  diagnostic imaging, and specified home medical services to

18  include durable medical equipment, prosthetics and orthotics,

19  and infusion therapy.

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

21  Medicaid managed care outpatient specialty services must, at a

22  minimum, meet the following criteria:

23         1.  The entity must be licensed by the Office of

24  Insurance Regulation under part II of chapter 641.

25         2.  The entity must be experienced in providing

26  outpatient specialty services.

27         3.  The entity must demonstrate to the satisfaction of

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

29  patients.

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

31  complaints and grievance process to assist Medicaid recipients

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 1  enrolled in the pilot managed care program to resolve

 2  complaints and grievances.

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

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

 5  be to determine the cost-effectiveness and effects on

 6  utilization, access, and quality of providing outpatient

 7  specialty services to Medicaid recipients on a prepaid,

 8  capitated basis.

 9         (c)  The agency shall conduct a quality assurance

10  review of the prepaid health clinic each year that the

11  demonstration program is in effect. The prepaid health clinic

12  is responsible for all expenses incurred by the agency in

13  conducting a quality assurance review.

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

15  outpatient specialty services to Medicaid recipients shall

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

17  the agency, for the purpose of conducting the evaluation

18  required in paragraph (e).

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

20  pilot managed care program and report its findings to the

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

22         (39)  The agency shall enter into agreements with

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

24  purpose of providing vision screening.

25         (40)(a)  The agency shall implement a Medicaid

26  prescribed-drug spending-control program that includes the

27  following components:

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

29  drugs for adult Medicaid recipients is limited to the

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

31  Children are exempt from this restriction. Antiretroviral

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 1  agents are excluded from this limitation. No requirements for

 2  prior authorization or other restrictions on medications used

 3  to treat mental illnesses such as schizophrenia, severe

 4  depression, or bipolar disorder may be imposed on Medicaid

 5  recipients. Medications that will be available without

 6  restriction for persons with mental illnesses include atypical

 7  antipsychotic medications, conventional antipsychotic

 8  medications, selective serotonin reuptake inhibitors, and

 9  other medications used for the treatment of serious mental

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

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

12  agency shall continue to provide unlimited generic drugs,

13  contraceptive drugs and items, and diabetic supplies. Although

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

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

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

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

18  exceptions are based on prior consultation provided by the

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

20  procedures to ensure that:

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

22  consultation by telephone or other telecommunication device

23  within 24 hours after receipt of a request for prior

24  consultation;

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

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

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

28  and

29         c.  Except for the exception for nursing home residents

30  and other institutionalized adults and except for drugs on the

31  restricted formulary for which prior authorization may be

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    Florida Senate - 2004                           CS for SB 1064
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 1  sought by an institutional or community pharmacy, prior

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

 3  restriction is sought by the prescriber and not by the

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

 5  an institutional setting beyond the brand-name-drug

 6  restriction, such approval is authorized for 12 months and

 7  monthly prior authorization is not required for that patient.

 8         2.  Reimbursement to pharmacies for Medicaid prescribed

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

10  percent.

11         3.  The agency shall develop and implement a process

12  for managing the drug therapies of Medicaid recipients who are

13  using significant numbers of prescribed drugs each month. The

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

15  comprehensive, physician-directed medical-record reviews,

16  claims analyses, and case evaluations to determine the medical

17  necessity and appropriateness of a patient's treatment plan

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

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

20  Medicaid drug benefit management program shall include

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

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

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

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

25  network based on need, competitive bidding, price

26  negotiations, credentialing, or similar criteria. The agency

27  shall give special consideration to rural areas in determining

28  the size and location of pharmacies included in the Medicaid

29  pharmacy network. A pharmacy credentialing process may include

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

31  size, patient educational programs, patient consultation,

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 1  disease-management services, and other characteristics. The

 2  agency may impose a moratorium on Medicaid pharmacy enrollment

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

 4  Medicaid-participating providers.

 5         5.  The agency shall develop and implement a program

 6  that requires Medicaid practitioners who prescribe drugs to

 7  use a counterfeit-proof prescription pad for Medicaid

 8  prescriptions. The agency shall require the use of

 9  standardized counterfeit-proof prescription pads by

10  Medicaid-participating prescribers or prescribers who write

11  prescriptions for Medicaid recipients. The agency may

12  implement the program in targeted geographic areas or

13  statewide.

14         6.  The agency may enter into arrangements that require

15  manufacturers of generic drugs prescribed to Medicaid

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

17  average manufacturer price for the manufacturer's generic

18  products. These arrangements shall require that if a

19  generic-drug manufacturer pays federal rebates for

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

21  manufacturer must provide a supplemental rebate to the state

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

23         7.  The agency may establish a preferred drug formulary

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

25  establishment of such formulary, it is authorized to negotiate

26  supplemental rebates from manufacturers that are in addition

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

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

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

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

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

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 1  supplemental rebates the agency may negotiate. The agency may

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

 3  competitive at lower rebate percentages. Agreement to pay the

 4  minimum supplemental rebate percentage will guarantee a

 5  manufacturer that the Medicaid Pharmaceutical and Therapeutics

 6  Committee will consider a product for inclusion on the

 7  preferred drug formulary. However, a pharmaceutical

 8  manufacturer is not guaranteed placement on the formulary by

 9  simply paying the minimum supplemental rebate. Agency

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

11  recommendations of the Medicaid Pharmaceutical and

12  Therapeutics Committee, as well as the price of competing

13  products minus federal and state rebates. The agency is

14  authorized to contract with an outside agency or contractor to

15  conduct negotiations for supplemental rebates. For the

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

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

18  program benefits that offset a Medicaid expenditure. Such

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

20  disease management programs, drug product donation programs,

21  drug utilization control programs, prescriber and beneficiary

22  counseling and education, fraud and abuse initiatives, and

23  other services or administrative investments with guaranteed

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

25  reduction is included in the General Appropriations Act. The

26  agency is authorized to seek any federal waivers to implement

27  this initiative.

28         8.  The agency shall establish an advisory committee

29  for the purposes of studying the feasibility of using a

30  restricted drug formulary for nursing home residents and other

31  institutionalized adults. The committee shall be comprised of

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 1  seven members appointed by the Secretary of Health Care

 2  Administration. The committee members shall include two

 3  physicians licensed under chapter 458 or chapter 459; three

 4  pharmacists licensed under chapter 465 and appointed from a

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

 6  Pharmacy Alliance; and two pharmacists licensed under chapter

 7  465.

 8         9.  The Agency for Health Care Administration shall

 9  expand home delivery of pharmacy products. To assist Medicaid

10  patients in securing their prescriptions and reduce program

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

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

13  drugs used by Medicaid patients with diabetes. Medicaid

14  recipients in the current program may obtain nondiabetes drugs

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

16  geographic area covered by the current contract. The agency

17  may seek and implement any federal waivers necessary to

18  implement this subparagraph.

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

20  extent that funds are appropriated to administer the Medicaid

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

22  contract all or any part of this program to private

23  organizations.

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

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

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

27  limited to, the progress made in implementing this subsection

28  and its effect on Medicaid prescribed-drug expenditures.

29         (41)  Notwithstanding the provisions of chapter 287,

30  the agency may, at its discretion, renew a contract or

31  contracts for fiscal intermediary services one or more times

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

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

 3  the term of the original contract.

 4         (42)  The agency shall provide for the development of a

 5  demonstration project by establishment in Miami-Dade County of

 6  a long-term-care facility licensed pursuant to chapter 395 to

 7  improve access to health care for a predominantly minority,

 8  medically underserved, and medically complex population and to

 9  evaluate alternatives to nursing home care and general acute

10  care for such population.  Such project is to be located in a

11  health care condominium and colocated with licensed facilities

12  providing a continuum of care.  The establishment of this

13  project is not subject to the provisions of s. 408.036 or s.

14  408.039.  The agency shall report its findings to the

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

16  House of Representatives by January 1, 2003.

17         (43)  The agency shall develop and implement a

18  utilization management program for Medicaid-eligible

19  recipients for the management of occupational, physical,

20  respiratory, and speech therapies. The agency shall establish

21  a utilization program that may require prior authorization in

22  order to ensure medically necessary and cost-effective

23  treatments. The program shall be operated in accordance with a

24  federally approved waiver program or state plan amendment. The

25  agency may seek a federal waiver or state plan amendment to

26  implement this program. The agency may also competitively

27  procure these services from an outside vendor on a regional or

28  statewide basis.

29         (44)  The agency may contract on a prepaid or fixed-sum

30  basis with appropriately licensed prepaid dental health plans

31  to provide dental services.

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 1         (45)  The agency may mandate a recipient's

 2  participation in a provider lock-in program limiting the

 3  receipt of goods or services to a single specified provider.

 4  The lock-in programs shall include, but are not limited to,

 5  pharmacies. The agency shall seek any federal waivers

 6  necessary to implement this subsection.

 7         Section 5.  Section 409.913, Florida Statutes, is

 8  amended to read:

 9         409.913  Oversight of the integrity of the Medicaid

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

11  activities of Florida Medicaid recipients, and providers and

12  their representatives, to ensure that fraudulent and abusive

13  behavior and neglect of recipients occur to the minimum extent

14  possible, and to recover overpayments and impose sanctions as

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

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

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

18  the Legislature documenting the effectiveness of the state's

19  efforts to control Medicaid fraud and abuse and to recover

20  Medicaid overpayments during the previous fiscal year. The

21  report must describe the number of cases opened and

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

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

24  overpayments alleged in preliminary and final audit letters;

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

26  reductions in overpayment amounts negotiated in settlement

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

28  determinations of overpayments; the amount deducted from

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

30  overpayments recovered each year; the amount of cost of

31  investigation recovered each year; the average length of time

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

 2  overpayment is paid in full; the amount determined as

 3  uncollectible and the portion of the uncollectible amount

 4  subsequently reclaimed from the Federal Government; the number

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

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

 7  all costs associated with discovering and prosecuting cases of

 8  Medicaid overpayments and making recoveries in such cases. The

 9  report must also document actions taken to prevent

10  overpayments and the number of providers prevented from

11  enrolling in or reenrolling in the Medicaid program as a

12  result of documented Medicaid fraud and abuse and must

13  recommend changes necessary to prevent or recover

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

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

16  is available to it.

17         (1)  For the purposes of this section, the term:

18         (a)  "Abuse" means:

19         1.  Provider practices that are inconsistent with

20  generally accepted business or medical practices and that

21  result in an unnecessary cost to the Medicaid program or in

22  reimbursement for goods or services that are not medically

23  necessary or that fail to meet professionally recognized

24  standards for health care.

25         2.  Recipient practices that result in unnecessary cost

26  to the Medicaid program.

27         (b)  "Complaint" means an allegation that fraud, abuse,

28  or an overpayment has occurred.

29         (c)  "Fraud" means an intentional deception or

30  misrepresentation made by a person with the knowledge that the

31  deception results in unauthorized benefit to herself or

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 1  himself or another person.  The term includes any act that

 2  constitutes fraud under applicable federal or state law.

 3         (d)  "Medical necessity" or "medically necessary" means

 4  any goods or services necessary to palliate the effects of a

 5  terminal condition, or to prevent, diagnose, correct, cure,

 6  alleviate, or preclude deterioration of a condition that

 7  threatens life, causes pain or suffering, or results in

 8  illness or infirmity, which goods or services are provided in

 9  accordance with generally accepted standards of medical

10  practice. For purposes of determining Medicaid reimbursement,

11  the agency is the final arbiter of medical necessity.

12  Determinations of medical necessity must be made by a licensed

13  physician employed by or under contract with the agency and

14  must be based upon information available at the time the goods

15  or services are provided.

16         (e)  "Overpayment" includes any amount that is not

17  authorized to be paid by the Medicaid program whether paid as

18  a result of inaccurate or improper cost reporting, improper

19  claiming, unacceptable practices, fraud, abuse, or mistake.

20         (f)  "Person" means any natural person, corporation,

21  partnership, association, clinic, group, or other entity,

22  whether or not such person is enrolled in the Medicaid program

23  or is a provider of health care.

24         (2)  The agency shall conduct, or cause to be conducted

25  by contract or otherwise, reviews, investigations, analyses,

26  audits, or any combination thereof, to determine possible

27  fraud, abuse, overpayment, or recipient neglect in the

28  Medicaid program and shall report the findings of any

29  overpayments in audit reports as appropriate.

30         (3)  The agency may conduct, or may contract for,

31  prepayment review of provider claims to ensure cost-effective

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 1  purchasing; to ensure that, billing by a provider to the

 2  agency is in accordance with applicable provisions of all

 3  Medicaid rules, regulations, handbooks, and policies and in

 4  accordance with federal, state, and local law;, and to ensure

 5  that appropriate provision of care is rendered to Medicaid

 6  recipients.  Such prepayment reviews may be conducted as

 7  determined appropriate by the agency, without any suspicion or

 8  allegation of fraud, abuse, or neglect, and may last for up to

 9  1 year. Unless the agency has reliable evidence of fraud,

10  misrepresentation, abuse, or neglect, claims shall be

11  adjudicated for denial or payment within 90 days after the

12  date complete documentation is received by the agency for

13  review. If there is reliable evidence of fraud,

14  misrepresentation, abuse, or neglect, claims shall be

15  adjudicated for denial or payment within 180 days after the

16  date complete documentation is received by the agency for

17  review.

18         (4)  Any suspected criminal violation identified by the

19  agency must be referred to the Medicaid Fraud Control Unit of

20  the Office of the Attorney General for investigation. The

21  agency and the Attorney General shall enter into a memorandum

22  of understanding, which must include, but need not be limited

23  to, a protocol for regularly sharing information and

24  coordinating casework.  The protocol must establish a

25  procedure for the referral by the agency of cases involving

26  suspected Medicaid fraud to the Medicaid Fraud Control Unit

27  for investigation, and the return to the agency of those cases

28  where investigation determines that administrative action by

29  the agency is appropriate. Offices of the Medicaid program

30  integrity program and the Medicaid Fraud Control Unit of the

31  Department of Legal Affairs, shall, to the extent possible, be

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    Florida Senate - 2004                           CS for SB 1064
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 1  collocated. The agency and the Department of Legal Affairs

 2  shall periodically conduct joint training and other joint

 3  activities designed to increase communication and coordination

 4  in recovering overpayments.

 5         (5)  A Medicaid provider is subject to having goods and

 6  services that are paid for by the Medicaid program reviewed by

 7  an appropriate peer-review organization designated by the

 8  agency. The written findings of the applicable peer-review

 9  organization are admissible in any court or administrative

10  proceeding as evidence of medical necessity or the lack

11  thereof.

12         (6)  Any notice required to be given to a provider

13  under this section is presumed to be sufficient notice if sent

14  to the address last shown on the provider enrollment file.  It

15  is the responsibility of the provider to furnish and keep the

16  agency informed of the provider's current address. United

17  States Postal Service proof of mailing or certified or

18  registered mailing of such notice to the provider at the

19  address shown on the provider enrollment file constitutes

20  sufficient proof of notice. Any notice required to be given to

21  the agency by this section must be sent to the agency at an

22  address designated by rule.

23         (7)  When presenting a claim for payment under the

24  Medicaid program, a provider has an affirmative duty to

25  supervise the provision of, and be responsible for, goods and

26  services claimed to have been provided, to supervise and be

27  responsible for preparation and submission of the claim, and

28  to present a claim that is true and accurate and that is for

29  goods and services that:

30         (a)  Have actually been furnished to the recipient by

31  the provider prior to submitting the claim.

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 1         (b)  Are Medicaid-covered goods or services that are

 2  medically necessary.

 3         (c)  Are of a quality comparable to those furnished to

 4  the general public by the provider's peers.

 5         (d)  Have not been billed in whole or in part to a

 6  recipient or a recipient's responsible party, except for such

 7  copayments, coinsurance, or deductibles as are authorized by

 8  the agency.

 9         (e)  Are provided in accord with applicable provisions

10  of all Medicaid rules, regulations, handbooks, and policies

11  and in accordance with federal, state, and local law.

12         (f)  Are documented by records made at the time the

13  goods or services were provided, demonstrating the medical

14  necessity for the goods or services rendered. Medicaid goods

15  or services are excessive or not medically necessary unless

16  both the medical basis and the specific need for them are

17  fully and properly documented in the recipient's medical

18  record.

19  

20  The agency may deny payment or require repayment for goods or

21  services that are not presented as required in this

22  subsection.

23         (8)  The agency shall not reimburse any person or

24  entity for any prescription for medications, medical supplies,

25  or medical services if the prescription was written by a

26  physician or other prescribing practitioner who is not

27  enrolled in the Medicaid program. This section does not apply:

28         (a)  In instances involving bona fide emergency medical

29  conditions as determined by the agency;

30         (b)  To a provider of medical services to a patient in

31  a hospital emergency department;

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 1         (c)  To bono fide pro bono services by preapproved

 2  non-Medicaid providers as determined by the agency;

 3         (d)  To prescribing physicians who are board-certified

 4  specialists treating Medicaid recipients referred for

 5  treatment by a treating physician who is enrolled in the

 6  Medicaid program; or

 7         (e)  To prescriptions written for dually eligible

 8  Medicare beneficiaries by an authorized Medicare provider who

 9  is not enrolled in the Medicaid program.

10         (9)(8)  A Medicaid provider shall retain medical,

11  professional, financial, and business records pertaining to

12  services and goods furnished to a Medicaid recipient and

13  billed to Medicaid for a period of 5 years after the date of

14  furnishing such services or goods. The agency may investigate,

15  review, or analyze such records, which must be made available

16  during normal business hours. However, 24-hour notice must be

17  provided if patient treatment would be disrupted. The provider

18  is responsible for furnishing to the agency, and keeping the

19  agency informed of the location of, the provider's

20  Medicaid-related records.  The authority of the agency to

21  obtain Medicaid-related records from a provider is neither

22  curtailed nor limited during a period of litigation between

23  the agency and the provider.

24         (10)(9)  Payments for the services of billing agents or

25  persons participating in the preparation of a Medicaid claim

26  shall not be based on amounts for which they bill nor based on

27  the amount a provider receives from the Medicaid program.

28         (11)(10)  The agency may deny payment or require

29  repayment for inappropriate, medically unnecessary, or

30  excessive goods or services from the person furnishing them,

31  

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 1  the person under whose supervision they were furnished, or the

 2  person causing them to be furnished.

 3         (12)(11)  The complaint and all information obtained

 4  pursuant to an investigation of a Medicaid provider, or the

 5  authorized representative or agent of a provider, relating to

 6  an allegation of fraud, abuse, or neglect are confidential and

 7  exempt from the provisions of s. 119.07(1):

 8         (a)  Until the agency takes final agency action with

 9  respect to the provider and requires repayment of any

10  overpayment, or imposes an administrative sanction;

11         (b)  Until the Attorney General refers the case for

12  criminal prosecution;

13         (c)  Until 10 days after the complaint is determined

14  without merit; or

15         (d)  At all times if the complaint or information is

16  otherwise protected by law.

17         (13)(12)  The agency may terminate participation of a

18  Medicaid provider in the Medicaid program and may seek civil

19  remedies or impose other administrative sanctions against a

20  Medicaid provider, if the provider has been:

21         (a)  Convicted of a criminal offense related to the

22  delivery of any health care goods or services, including the

23  performance of management or administrative functions relating

24  to the delivery of health care goods or services;

25         (b)  Convicted of a criminal offense under federal law

26  or the law of any state relating to the practice of the

27  provider's profession; or

28         (c)  Found by a court of competent jurisdiction to have

29  neglected or physically abused a patient in connection with

30  the delivery of health care goods or services.

31  

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 1         (14)(13)  If the provider has been suspended or

 2  terminated from participation in the Medicaid program or the

 3  Medicare program by the Federal Government or any state, the

 4  agency must immediately suspend or terminate, as appropriate,

 5  the provider's participation in the Florida Medicaid program

 6  for a period no less than that imposed by the Federal

 7  Government or any other state, and may not enroll such

 8  provider in the Florida Medicaid program while such foreign

 9  suspension or termination remains in effect.  This sanction is

10  in addition to all other remedies provided by law.

11         (15)(14)  The agency may seek any remedy provided by

12  law, including, but not limited to, the remedies provided in

13  subsections (13)(12) and (16)(15) and s. 812.035, if:

14         (a)  The provider's license has not been renewed, or

15  has been revoked, suspended, or terminated, for cause, by the

16  licensing agency of any state;

17         (b)  The provider has failed to make available or has

18  refused access to Medicaid-related records to an auditor,

19  investigator, or other authorized employee or agent of the

20  agency, the Attorney General, a state attorney, or the Federal

21  Government;

22         (c)  The provider has not furnished or has failed to

23  make available such Medicaid-related records as the agency has

24  found necessary to determine whether Medicaid payments are or

25  were due and the amounts thereof;

26         (d)  The provider has failed to maintain medical

27  records made at the time of service, or prior to service if

28  prior authorization is required, demonstrating the necessity

29  and appropriateness of the goods or services rendered;

30         (e)  The provider is not in compliance with provisions

31  of Medicaid provider publications that have been adopted by

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 1  reference as rules in the Florida Administrative Code; with

 2  provisions of state or federal laws, rules, or regulations;

 3  with provisions of the provider agreement between the agency

 4  and the provider; or with certifications found on claim forms

 5  or on transmittal forms for electronically submitted claims

 6  that are submitted by the provider or authorized

 7  representative, as such provisions apply to the Medicaid

 8  program;

 9         (f)  The provider or person who ordered or prescribed

10  the care, services, or supplies has furnished, or ordered the

11  furnishing of, goods or services to a recipient which are

12  inappropriate, unnecessary, excessive, or harmful to the

13  recipient or are of inferior quality;

14         (g)  The provider has demonstrated a pattern of failure

15  to provide goods or services that are medically necessary;

16         (h)  The provider or an authorized representative of

17  the provider, or a person who ordered or prescribed the goods

18  or services, has submitted or caused to be submitted false or

19  a pattern of erroneous Medicaid claims that have resulted in

20  overpayments to a provider or that exceed those to which the

21  provider was entitled under the Medicaid program;

22         (i)  The provider or an authorized representative of

23  the provider, or a person who has ordered or prescribed the

24  goods or services, has submitted or caused to be submitted a

25  Medicaid provider enrollment application, a request for prior

26  authorization for Medicaid services, a drug exception request,

27  or a Medicaid cost report that contains materially false or

28  incorrect information;

29         (j)  The provider or an authorized representative of

30  the provider has collected from or billed a recipient or a

31  recipient's responsible party improperly for amounts that

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 1  should not have been so collected or billed by reason of the

 2  provider's billing the Medicaid program for the same service;

 3         (k)  The provider or an authorized representative of

 4  the provider has included in a cost report costs that are not

 5  allowable under a Florida Title XIX reimbursement plan, after

 6  the provider or authorized representative had been advised in

 7  an audit exit conference or audit report that the costs were

 8  not allowable;

 9         (l)  The provider is charged by information or

10  indictment with fraudulent billing practices.  The sanction

11  applied for this reason is limited to suspension of the

12  provider's participation in the Medicaid program for the

13  duration of the indictment unless the provider is found guilty

14  pursuant to the information or indictment;

15         (m)  The provider or a person who has ordered, or

16  prescribed the goods or services is found liable for negligent

17  practice resulting in death or injury to the provider's

18  patient;

19         (n)  The provider fails to demonstrate that it had

20  available during a specific audit or review period sufficient

21  quantities of goods, or sufficient time in the case of

22  services, to support the provider's billings to the Medicaid

23  program;

24         (o)  The provider has failed to comply with the notice

25  and reporting requirements of s. 409.907;

26         (p)  The agency has received reliable information of

27  patient abuse or neglect or of any act prohibited by s.

28  409.920; or

29         (q)  The provider has failed to comply with an

30  agreed-upon repayment schedule.

31  

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 1         (16)(15)  The agency shall impose any of the following

 2  sanctions or disincentives on a provider or a person for any

 3  of the acts described in subsection (15)(14):

 4         (a)  Suspension for a specific period of time of not

 5  more than 1 year. Suspension shall preclude participation in

 6  the Medicaid program, which includes any action that results

 7  in a claim for payment to the Medicaid program as a result of

 8  furnishing, supervising a person who is furnishing, or causing

 9  a person to furnish goods or services.

10         (b)  Termination for a specific period of time of from

11  more than 1 year to 20 years. Termination shall preclude

12  participation in the Medicaid program, which includes any

13  action that results in a claim for payment to the Medicaid

14  program as a result of furnishing, supervising a person who is

15  furnishing, or causing a person to furnish goods or services.

16         (c)  Imposition of a fine of up to $5,000 for each

17  violation.  Each day that an ongoing violation continues, such

18  as refusing to furnish Medicaid-related records or refusing

19  access to records, is considered, for the purposes of this

20  section, to be a separate violation.  Each instance of

21  improper billing of a Medicaid recipient; each instance of

22  including an unallowable cost on a hospital or nursing home

23  Medicaid cost report after the provider or authorized

24  representative has been advised in an audit exit conference or

25  previous audit report of the cost unallowability; each

26  instance of furnishing a Medicaid recipient goods or

27  professional services that are inappropriate or of inferior

28  quality as determined by competent peer judgment; each

29  instance of knowingly submitting a materially false or

30  erroneous Medicaid provider enrollment application, request

31  for prior authorization for Medicaid services, drug exception

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 1  request, or cost report; each instance of inappropriate

 2  prescribing of drugs for a Medicaid recipient as determined by

 3  competent peer judgment; and each false or erroneous Medicaid

 4  claim leading to an overpayment to a provider is considered,

 5  for the purposes of this section, to be a separate violation.

 6         (d)  Immediate suspension, if the agency has received

 7  information of patient abuse or neglect or of any act

 8  prohibited by s. 409.920. Upon suspension, the agency must

 9  issue an immediate final order under s. 120.569(2)(n).

10         (e)  A fine, not to exceed $10,000, for a violation of

11  paragraph (15)(i) (14)(i).

12         (f)  Imposition of liens against provider assets,

13  including, but not limited to, financial assets and real

14  property, not to exceed the amount of fines or recoveries

15  sought, upon entry of an order determining that such moneys

16  are due or recoverable.

17         (g)  Prepayment reviews of claims for a specified

18  period of time.

19         (h)  Comprehensive followup reviews of providers every

20  6 months to ensure that they are billing Medicaid correctly.

21         (i)  Corrective-action plans that would remain in

22  effect for providers for up to 3 years and that would be

23  monitored by the agency every 6 months while in effect.

24         (j)  Other remedies as permitted by law to effect the

25  recovery of a fine or overpayment.

26  

27  The Secretary of Health Care Administration may make a

28  determination that imposition of a sanction or disincentive is

29  not in the best interest of the Medicaid program, in which

30  case a sanction or disincentive shall not be imposed.

31  

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 1         (17)(16)  In determining the appropriate administrative

 2  sanction to be applied, or the duration of any suspension or

 3  termination, the agency shall consider:

 4         (a)  The seriousness and extent of the violation or

 5  violations.

 6         (b)  Any prior history of violations by the provider

 7  relating to the delivery of health care programs which

 8  resulted in either a criminal conviction or in administrative

 9  sanction or penalty.

10         (c)  Evidence of continued violation within the

11  provider's management control of Medicaid statutes, rules,

12  regulations, or policies after written notification to the

13  provider of improper practice or instance of violation.

14         (d)  The effect, if any, on the quality of medical care

15  provided to Medicaid recipients as a result of the acts of the

16  provider.

17         (e)  Any action by a licensing agency respecting the

18  provider in any state in which the provider operates or has

19  operated.

20         (f)  The apparent impact on access by recipients to

21  Medicaid services if the provider is suspended or terminated,

22  in the best judgment of the agency.

23  

24  The agency shall document the basis for all sanctioning

25  actions and recommendations.

26         (18)(17)  The agency may take action to sanction,

27  suspend, or terminate a particular provider working for a

28  group provider, and may suspend or terminate Medicaid

29  participation at a specific location, rather than or in

30  addition to taking action against an entire group.

31  

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 1         (19)(18)  The agency shall establish a process for

 2  conducting followup reviews of a sampling of providers who

 3  have a history of overpayment under the Medicaid program.

 4  This process must consider the magnitude of previous fraud or

 5  abuse and the potential effect of continued fraud or abuse on

 6  Medicaid costs.

 7         (20)(19)  In making a determination of overpayment to a

 8  provider, the agency must use accepted and valid auditing,

 9  accounting, analytical, statistical, or peer-review methods,

10  or combinations thereof. Appropriate statistical methods may

11  include, but are not limited to, sampling and extension to the

12  population, parametric and nonparametric statistics, tests of

13  hypotheses, and other generally accepted statistical methods.

14  Appropriate analytical methods may include, but are not

15  limited to, reviews to determine variances between the

16  quantities of products that a provider had on hand and

17  available to be purveyed to Medicaid recipients during the

18  review period and the quantities of the same products paid for

19  by the Medicaid program for the same period, taking into

20  appropriate consideration sales of the same products to

21  non-Medicaid customers during the same period.  In meeting its

22  burden of proof in any administrative or court proceeding, the

23  agency may introduce the results of such statistical methods

24  as evidence of overpayment.

25         (21)(20)  When making a determination that an

26  overpayment has occurred, the agency shall prepare and issue

27  an audit report to the provider showing the calculation of

28  overpayments.

29         (22)(21)  The audit report, supported by agency work

30  papers, showing an overpayment to a provider constitutes

31  evidence of the overpayment. A provider may not present or

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 1  elicit testimony, either on direct examination or

 2  cross-examination in any court or administrative proceeding,

 3  regarding the purchase or acquisition by any means of drugs,

 4  goods, or supplies; sales or divestment by any means of drugs,

 5  goods, or supplies; or inventory of drugs, goods, or supplies,

 6  unless such acquisition, sales, divestment, or inventory is

 7  documented by written invoices, written inventory records, or

 8  other competent written documentary evidence maintained in the

 9  normal course of the provider's business. Notwithstanding the

10  applicable rules of discovery, all documentation that will be

11  offered as evidence at an administrative hearing on a Medicaid

12  overpayment must be exchanged by all parties at least 14 days

13  before the administrative hearing or must be excluded from

14  consideration.

15         (23)(22)(a)  In an audit or investigation of a

16  violation committed by a provider which is conducted pursuant

17  to this section, the agency is entitled to recover all

18  investigative, legal, and expert witness costs if the agency's

19  findings were not contested by the provider or, if contested,

20  the agency ultimately prevailed.

21         (b)  The agency has the burden of documenting the

22  costs, which include salaries and employee benefits and

23  out-of-pocket expenses. The amount of costs that may be

24  recovered must be reasonable in relation to the seriousness of

25  the violation and must be set taking into consideration the

26  financial resources, earning ability, and needs of the

27  provider, who has the burden of demonstrating such factors.

28         (c)  The provider may pay the costs over a period to be

29  determined by the agency if the agency determines that an

30  extreme hardship would result to the provider from immediate

31  

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 1  full payment.  Any default in payment of costs may be

 2  collected by any means authorized by law.

 3         (24)(23)  If the agency imposes an administrative

 4  sanction pursuant to subsection (13), subsection (14), or

 5  subsection (15), except paragraphs (15)(e) and (o), under this

 6  section upon any provider or other person who is regulated by

 7  another state entity, the agency shall notify that other

 8  entity of the imposition of the sanction.  Such notification

 9  must include the provider's or person's name and license

10  number and the specific reasons for sanction.

11         (25)(24)(a)  The agency may withhold Medicaid payments,

12  in whole or in part, to a provider upon receipt of reliable

13  evidence that the circumstances giving rise to the need for a

14  withholding of payments involve fraud, willful

15  misrepresentation, or abuse under the Medicaid program, or a

16  crime committed while rendering goods or services to Medicaid

17  recipients, pending completion of legal proceedings. If it is

18  determined that fraud, willful misrepresentation, abuse, or a

19  crime did not occur, the payments withheld must be paid to the

20  provider within 14 days after such determination with interest

21  at the rate of 10 percent a year. Any money withheld in

22  accordance with this paragraph shall be placed in a suspended

23  account, readily accessible to the agency, so that any payment

24  ultimately due the provider shall be made within 14 days.

25         (b)  The agency may deny payment, or require repayment,

26  if the goods or services were furnished, supervised, or caused

27  to be furnished by a person who has been suspended or

28  terminated from the Medicaid program or Medicare program by

29  the Federal Government or any state.

30         (c)(b)  Overpayments owed to the agency bear interest

31  at the rate of 10 percent per year from the date of

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 1  determination of the overpayment by the agency, and payment

 2  arrangements must be made at the conclusion of legal

 3  proceedings. A provider who does not enter into or adhere to

 4  an agreed-upon repayment schedule may be terminated by the

 5  agency for nonpayment or partial payment.

 6         (d)(c)  The agency, upon entry of a final agency order,

 7  a judgment or order of a court of competent jurisdiction, or a

 8  stipulation or settlement, may collect the moneys owed by all

 9  means allowable by law, including, but not limited to,

10  notifying any fiscal intermediary of Medicare benefits that

11  the state has a superior right of payment.  Upon receipt of

12  such written notification, the Medicare fiscal intermediary

13  shall remit to the state the sum claimed.

14         (e)  The agency may institute amnesty programs to allow

15  Medicaid providers the opportunity to voluntarily repay

16  overpayments. The agency may adopt rules to administer such

17  programs.

18         (26)(25)  The agency may impose administrative

19  sanctions against a Medicaid recipient, or the agency may seek

20  any other remedy provided by law, including, but not limited

21  to, the remedies provided in s. 812.035, if the agency finds

22  that a recipient has engaged in solicitation in violation of

23  s. 409.920 or that the recipient has otherwise abused the

24  Medicaid program.

25         (27)(26)  When the Agency for Health Care

26  Administration has made a probable cause determination and

27  alleged that an overpayment to a Medicaid provider has

28  occurred, the agency, after notice to the provider, may:

29         (a)  Withhold, and continue to withhold during the

30  pendency of an administrative hearing pursuant to chapter 120,

31  any medical assistance reimbursement payments until such time

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 1  as the overpayment is recovered, unless within 30 days after

 2  receiving notice thereof the provider:

 3         1.  Makes repayment in full; or

 4         2.  Establishes a repayment plan that is satisfactory

 5  to the Agency for Health Care Administration.

 6         (b)  Withhold, and continue to withhold during the

 7  pendency of an administrative hearing pursuant to chapter 120,

 8  medical assistance reimbursement payments if the terms of a

 9  repayment plan are not adhered to by the provider.

10         (28)(27)  Venue for all Medicaid program integrity

11  overpayment cases shall lie in Leon County, at the discretion

12  of the agency.

13         (29)(28)  Notwithstanding other provisions of law, the

14  agency and the Medicaid Fraud Control Unit of the Department

15  of Legal Affairs may review a provider's Medicaid-related and

16  non-Medicaid-related records in order to determine the total

17  output of a provider's practice to reconcile quantities of

18  goods or services billed to Medicaid with against quantities

19  of goods or services used in the provider's total practice.

20         (30)(29)  The agency may terminate a provider's

21  participation in the Medicaid program if the provider fails to

22  reimburse an overpayment that has been determined by final

23  order, not subject to further appeal, within 35 days after the

24  date of the final order, unless the provider and the agency

25  have entered into a repayment agreement.

26         (31)(30)  If a provider requests an administrative

27  hearing pursuant to chapter 120, such hearing must be

28  conducted within 90 days following assignment of an

29  administrative law judge, absent exceptionally good cause

30  shown as determined by the administrative law judge or hearing

31  officer. Upon issuance of a final order, the outstanding

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 1  balance of the amount determined to constitute the overpayment

 2  shall become due. If a provider fails to make payments in

 3  full, fails to enter into a satisfactory repayment plan, or

 4  fails to comply with the terms of a repayment plan or

 5  settlement agreement, the agency may withhold medical

 6  assistance reimbursement payments until the amount due is paid

 7  in full.

 8         (32)(31)  Duly authorized agents and employees of the

 9  agency shall have the power to inspect, during normal business

10  hours, the records of any pharmacy, wholesale establishment,

11  or manufacturer, or any other place in which drugs and medical

12  supplies are manufactured, packed, packaged, made, stored,

13  sold, or kept for sale, for the purpose of verifying the

14  amount of drugs and medical supplies ordered, delivered, or

15  purchased by a provider. The agency shall provide at least 2

16  business days' prior notice of any such inspection. The notice

17  must identify the provider whose records will be inspected,

18  and the inspection shall include only records specifically

19  related to that provider.

20         (33)  In accordance with federal law, Medicaid

21  recipients convicted of a crime pursuant to 42 U.S.C. 1320a-7b

22  may be limited, restricted, or suspended from Medicaid

23  eligibility for a period not to exceed 1 year, as determined

24  by the agency head or designee.

25         (34)  To deter fraud and abuse in the Medicaid program,

26  the agency may limit the number of Schedule II and Schedule

27  III refill prescription claims submitted from a pharmacy

28  provider. The agency shall limit the allowable amount of

29  reimbursement of prescription refill claims for Schedule II

30  and Schedule III pharmaceuticals if the agency or the Medicaid

31  Fraud Control Unit determines that the specific prescription

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 1  refill was not requested by the Medicaid recipient or

 2  authorized representative for whom the refill claim is

 3  submitted or was not prescribed by the recipient's medical

 4  provider or physician. Any such refill request must be

 5  consistent with the original prescription.

 6         Section 6.  Paragraph (d) of subsection (2) and

 7  paragraph (b) of subsection (5) of section 409.9131, Florida

 8  Statutes, are amended, and subsection (6) is added to that

 9  section, to read:

10         409.9131  Special provisions relating to integrity of

11  the Medicaid program.--

12         (2)  DEFINITIONS.--For purposes of this section, the

13  term:

14         (d)  "Peer review" means an evaluation of the

15  professional practices of a Medicaid physician provider by a

16  peer or peers in order to assess the medical necessity,

17  appropriateness, and quality of care provided, as such care is

18  compared to that customarily furnished by the physician's

19  peers and to recognized health care standards, and, in cases

20  involving determination of medical necessity, to determine

21  whether the documentation in the physician's records is

22  adequate.

23         (5)  DETERMINATIONS OF OVERPAYMENT.--In making a

24  determination of overpayment to a physician, the agency must:

25         (b)  Refer all physician service claims for peer review

26  when the agency's preliminary analysis indicates that an

27  evaluation of the medical necessity, appropriateness, and

28  quality of care needs to be undertaken to determine a

29  potential overpayment, and before any formal proceedings are

30  initiated against the physician, except as required by s.

31  409.913.

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 1         (6)  COST REPORTS.--For any Medicaid provider

 2  submitting a cost report to the agency by any method, and in

 3  addition to any other certification, the following statement

 4  must immediately precede the dated signature of the provider's

 5  administrator or chief financial officer on such cost report:

 6         "I certify that I am familiar with the laws and

 7         regulations regarding the provision of health

 8         care services under the Florida Medicaid

 9         program, including the laws and regulations

10         relating to claims for Medicaid reimbursements

11         and payments, and that the services identified

12         in this cost report were provided in compliance

13         with such laws and regulations."

14         Section 7.  Section 409.920, Florida Statutes, is

15  amended to read:

16         409.920  Medicaid provider fraud.--

17         (1)  For the purposes of this section, the term:

18         (a)  "Agency" means the Agency for Health Care

19  Administration.

20         (b)  "Fiscal agent" means any individual, firm,

21  corporation, partnership, organization, or other legal entity

22  that has contracted with the agency to receive, process, and

23  adjudicate claims under the Medicaid program.

24         (c)  "Item or service" includes:

25         1.  Any particular item, device, medical supply, or

26  service claimed to have been provided to a recipient and

27  listed in an itemized claim for payment; or

28         2.  In the case of a claim based on costs, any entry in

29  the cost report, books of account, or other documents

30  supporting such claim.

31  

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 1         (d)  "Knowingly" means that the act was done

 2  voluntarily and intentionally and not because of mistake or

 3  accident. As used in this section, the term "knowingly" also

 4  includes the word "willfully" or "willful" which, as used in

 5  this section, means that an act was committed voluntarily and

 6  purposely, with the specific intent to do something that the

 7  law forbids, and that the act was committed with bad purpose,

 8  either to disobey or disregard the law done by a person who is

 9  aware or should be aware of the nature of his or her conduct

10  and that his or her conduct is substantially certain to cause

11  the intended result.

12         (2)  It is unlawful to:

13         (a)  Knowingly make, cause to be made, or aid and abet

14  in the making of any false statement or false representation

15  of a material fact, by commission or omission, in any claim

16  submitted to the agency or its fiscal agent for payment.

17         (b)  Knowingly make, cause to be made, or aid and abet

18  in the making of a claim for items or services that are not

19  authorized to be reimbursed by the Medicaid program.

20         (c)  Knowingly charge, solicit, accept, or receive

21  anything of value, other than an authorized copayment from a

22  Medicaid recipient, from any source in addition to the amount

23  legally payable for an item or service provided to a Medicaid

24  recipient under the Medicaid program or knowingly fail to

25  credit the agency or its fiscal agent for any payment received

26  from a third-party source.

27         (d)  Knowingly make or in any way cause to be made any

28  false statement or false representation of a material fact, by

29  commission or omission, in any document containing items of

30  income and expense that is or may be used by the agency to

31  

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 1  determine a general or specific rate of payment for an item or

 2  service provided by a provider.

 3         (e)  Knowingly solicit, offer, pay, or receive any

 4  remuneration, including any kickback, bribe, or rebate,

 5  directly or indirectly, overtly or covertly, in cash or in

 6  kind, in return for referring an individual to a person for

 7  the furnishing or arranging for the furnishing of any item or

 8  service for which payment may be made, in whole or in part,

 9  under the Medicaid program, or in return for obtaining,

10  purchasing, leasing, ordering, or arranging for or

11  recommending, obtaining, purchasing, leasing, or ordering any

12  goods, facility, item, or service, for which payment may be

13  made, in whole or in part, under the Medicaid program.

14         (f)  Knowingly submit false or misleading information

15  or statements to the Medicaid program for the purpose of being

16  accepted as a Medicaid provider.

17         (g)  Knowingly use or endeavor to use a Medicaid

18  provider's identification number or a Medicaid recipient's

19  identification number to make, cause to be made, or aid and

20  abet in the making of a claim for items or services that are

21  not authorized to be reimbursed by the Medicaid program.

22  

23  A person who violates this subsection commits a felony of the

24  third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         (3)  The repayment of Medicaid payments wrongfully

27  obtained, or the offer or endeavor to repay Medicaid funds

28  wrongfully obtained, does not constitute a defense to, or a

29  ground for dismissal of, criminal charges brought under this

30  section.

31  

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 1         (4)  Property "paid for" includes all property

 2  furnished to or intended to be furnished to any recipient of

 3  benefits under the Medicaid program, regardless of whether

 4  reimbursement is ever actually made by the program.

 5         (5)(4)  All records in the custody of the agency or its

 6  fiscal agent which relate to Medicaid provider fraud are

 7  business records within the meaning of s. 90.803(6).

 8         (6)(5)  Proof that a claim was submitted to the agency

 9  or its fiscal agent which contained a false statement or a

10  false representation of a material fact, by commission or

11  omission, unless satisfactorily explained, gives rise to an

12  inference that the person whose signature appears as the

13  provider's authorizing signature on the claim form, or whose

14  signature appears on an agency electronic claim submission

15  agreement submitted for claims made to the fiscal agent by

16  electronic means, had knowledge of the false statement or

17  false representation.  This subsection applies whether the

18  signature appears on the claim form or the electronic claim

19  submission agreement by means of handwriting, typewriting,

20  facsimile signature stamp, computer impulse, initials, or

21  otherwise.

22         (7)(6)  Proof of submission to the agency or its fiscal

23  agent of a document containing items of income and expense,

24  which document is used or that may be used by the agency or

25  its fiscal agent to determine a general or specific rate of

26  payment and which document contains a false statement or a

27  false representation of a material fact, by commission or

28  omission, unless satisfactorily explained, gives rise to the

29  inference that the person who signed the certification of the

30  document had knowledge of the false statement or

31  representation.  This subsection applies whether the signature

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 1  appears on the document by means of handwriting, typewriting,

 2  facsimile signature stamp, electronic transmission, initials,

 3  or otherwise.

 4         (8)(7)  The Attorney General shall conduct a statewide

 5  program of Medicaid fraud control. To accomplish this purpose,

 6  the Attorney General shall:

 7         (a)  Investigate the possible criminal violation of any

 8  applicable state law pertaining to fraud in the administration

 9  of the Medicaid program, in the provision of medical

10  assistance, or in the activities of providers of health care

11  under the Medicaid program.

12         (b)  Investigate the alleged abuse or neglect of

13  patients in health care facilities receiving payments under

14  the Medicaid program, in coordination with the agency.

15         (c)  Investigate the alleged misappropriation of

16  patients' private funds in health care facilities receiving

17  payments under the Medicaid program.

18         (d)  Refer to the Office of Statewide Prosecution or

19  the appropriate state attorney all violations indicating a

20  substantial potential for criminal prosecution.

21         (e)  Refer to the agency all suspected abusive

22  activities not of a criminal or fraudulent nature.

23         (f)  Safeguard the privacy rights of all individuals

24  and provide safeguards to prevent the use of patient medical

25  records for any reason beyond the scope of a specific

26  investigation for fraud or abuse, or both, without the

27  patient's written consent.

28         (g)  Publicize to state employees and the public the

29  ability of persons to bring suit under the provisions of the

30  Florida False Claims Act and the potential for the persons

31  

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 1  bringing a civil action under the Florida False Claims Act to

 2  obtain a monetary award.

 3         (9)(8)  In carrying out the duties and responsibilities

 4  under this section, the Attorney General may:

 5         (a)  Enter upon the premises of any health care

 6  provider, excluding a physician, participating in the Medicaid

 7  program to examine all accounts and records that may, in any

 8  manner, be relevant in determining the existence of fraud in

 9  the Medicaid program, to investigate alleged abuse or neglect

10  of patients, or to investigate alleged misappropriation of

11  patients' private funds. A participating physician is required

12  to make available any accounts or records that may, in any

13  manner, be relevant in determining the existence of fraud in

14  the Medicaid program, to investigate alleged abuse or neglect

15  of patients, or to investigate alleged misappropriation of

16  patients' private funds. Subject only to applicable federal

17  statutes, but notwithstanding any other provision of law, the

18  accounts or records of a non-Medicaid patient may be reviewed

19  by the Medicaid Fraud Control Unit without the patient's

20  consent, pursuant to an investigation of suspected Medicaid

21  fraud, in order to determine consistency in the quality and

22  appropriateness of treatment provided to Medicaid recipients

23  as compared to non-Medicaid recipients not be reviewed by, or

24  turned over to, the Attorney General without the patient's

25  written consent.

26         (b)  Subpoena witnesses or materials, including medical

27  records relating to Medicaid recipients, within or outside the

28  state and, through any duly designated employee, administer

29  oaths and affirmations and collect evidence for possible use

30  in either civil or criminal judicial proceedings.

31  

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 1         (c)  Request and receive the assistance of any state

 2  attorney or law enforcement agency in the investigation and

 3  prosecution of any violation of this section.

 4         (d)  Seek any civil remedy provided by law, including,

 5  but not limited to, the remedies provided in ss. 68.081-68.092

 6  and 812.035 and this chapter.

 7         (e)  Refer to the agency for collection each instance

 8  of overpayment to a provider of health care under the Medicaid

 9  program which is discovered during the course of an

10  investigation.

11         Section 8.  Section 409.9201, Florida Statutes, is

12  created to read:

13         409.9201  Medicaid fraud.--

14         (1)  As used in this section, the term:

15         (a)  "Legend drug" means any drug, including, but not

16  limited to, finished dosage forms or active ingredients that

17  are subject to, defined by, or described by s. 503(b) of the

18  Federal Food, Drug, and Cosmetic Act or by s. 465.003(8), s.

19  499.007(12), or s. 499.0122(1)(b) or (c).

20         (b)  "Value" means the amount billed to the Medicaid

21  program for the property dispensed or the market value of a

22  legend drug or goods or services at the time and place of the

23  offense. If the market value cannot be determined, the term

24  means the replacement cost of the legend drug or goods or

25  services within a reasonable time after the offense.

26         (2)  Any person who knowingly sells, who knowingly

27  attempts or conspires to sell, or who knowingly causes any

28  other person to sell or attempt or conspire to sell a legend

29  drug that was paid for by the Medicaid program commits a

30  felony.

31  

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 1         (a)  If the value of the legend drug involved is less

 2  than $20,000, the crime is a felony of the third degree,

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

 4  775.084.

 5         (b)  If the value of the legend drug involved is

 6  $20,000 or more but less than $100,000, the crime is a felony

 7  of the second degree, punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084.

 9         (c)  If the value of the legend drug involved is

10  $100,000 or more, the crime is a felony of the first degree,

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

12  775.084.

13         (3)  Any person who knowingly purchases, or who

14  knowingly attempts or conspires to purchase, a legend drug

15  that was paid for by the Medicaid program and intended for use

16  by another person commits a felony.

17         (a)  If the value of the legend drug is less than

18  $20,000, the crime is a felony of the third degree, punishable

19  as provided in s. 775.082, s. 775.083, or s. 775.084.

20         (b)  If the value of the legend drug is $20,000 or more

21  but less than $100,000, the crime is a felony of the second

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

23  s. 775.084.

24         (c)  If the value of the legend drug is $100,000 or

25  more, the crime is a felony of the first degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         (4)  Any person who knowingly makes or knowingly causes

28  to be made, or who attempts or conspires to make, any false

29  statement or representation to any person for the purpose of

30  obtaining goods or services from the Medicaid program commits

31  a felony.

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 1         (a)  If the value of the goods or services is less than

 2  $20,000, the crime is a felony of the third degree, punishable

 3  as provided in s. 775.082, s. 775.083, or s. 775.084.

 4         (b)  If the value of the goods or services is $20,000

 5  or more but less than $100,000, the crime is a felony of the

 6  second degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         (c)  If the value of the goods or services involved is

 9  $100,000 or more, the crime is a felony of the first degree,

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

11  775.084.

12  

13  The value of individual items of the legend drugs or goods or

14  services involved in distinct transactions committed during a

15  single scheme or course of conduct, whether involving a single

16  person or several persons, may be aggregated when determining

17  the punishment for the offense.

18         Section 9.  Paragraph (ff) is added to subsection (1)

19  of section 456.072, Florida Statutes, to read:

20         456.072  Grounds for discipline; penalties;

21  enforcement.--

22         (1)  The following acts shall constitute grounds for

23  which the disciplinary actions specified in subsection (2) may

24  be taken:

25         (ff)  Engaging in a pattern of practice when

26  prescribing medicinal drugs or controlled substances which

27  demonstrates a lack of reasonable skill or safety to patients,

28  a violation of any provision of this chapter, a violation of

29  the applicable practice act, or a violation of any rules

30  adopted pursuant to this chapter or the applicable practice

31  act of the prescribing practitioner. Notwithstanding s.

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 1  456.073(13), the department may initiate an investigation and

 2  establish such a pattern from billing records, data, or any

 3  other information obtained by the department.

 4         Section 10.  Subsection (1) of section 465.188, Florida

 5  Statutes, is amended to read:

 6         465.188  Medicaid audits of pharmacies.--

 7         (1)  Notwithstanding any other law, when an audit of

 8  the Medicaid-related records of a pharmacy licensed under

 9  chapter 465 is conducted, such audit must be conducted as

10  provided in this section.

11         (a)  The agency conducting the audit must give the

12  pharmacist at least 1 week's prior notice of the audit.

13         (a)(b)  An audit must be conducted by a pharmacist

14  licensed in this state.

15         (b)(c)  Any clerical or recordkeeping error, such as a

16  typographical error, scrivener's error, or computer error

17  regarding a document or record required under the Medicaid

18  program does not constitute a willful violation and is not

19  subject to criminal penalties without proof of intent to

20  commit fraud.

21         (c)(d)  A pharmacist may use the physician's record or

22  other order for drugs or medicinal supplies written or

23  transmitted by any means of communication for purposes of

24  validating the pharmacy record with respect to orders or

25  refills of a legend or narcotic drug.

26         (d)(e)  A finding of an overpayment or underpayment

27  must be based on the actual overpayment or underpayment and

28  may not be a projection based on the number of patients served

29  having a similar diagnosis or on the number of similar orders

30  or refills for similar drugs.

31  

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 1         (e)(f)  Each pharmacy shall be audited under the same

 2  standards and parameters.

 3         (f)(g)  A pharmacist must be allowed at least 10 days

 4  in which to produce documentation to address any discrepancy

 5  found during an audit.

 6         (g)(h)  The period covered by an audit may not exceed 1

 7  calendar year.

 8         (h)(i)  An audit may not be scheduled during the first

 9  5 days of any month due to the high volume of prescriptions

10  filled during that time.

11         (i)(j)  The audit report must be delivered to the

12  pharmacist within 90 days after conclusion of the audit. A

13  final audit report shall be delivered to the pharmacist within

14  6 months after receipt of the preliminary audit report or

15  final appeal, as provided for in subsection (2), whichever is

16  later.

17         (j)  The audit criteria set forth in this section

18  applies only to audits of claims submitted for payment

19  subsequent to July 11, 2003.

20         Section 11.  Section 812.0191, Florida Statutes, is

21  created to read:

22         812.0191  Dealing in property paid for in whole or in

23  part by the Medicaid program.--

24         (1)  As used in this section, the term:

25         (a)  "Property paid for in whole or in part by the

26  Medicaid program" means any devices, goods, services, drugs,

27  or any other property furnished or intended to be furnished to

28  a recipient of benefits under the Medicaid program.

29         (b)  "Value" means the amount billed to Medicaid for

30  the property dispensed or the market value of the devices,

31  goods, services, or drugs at the time and place of the

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 1  offense. If the market value cannot be determined, the term

 2  means the replacement cost of the devices, goods, services, or

 3  drugs within a reasonable time after the offense.

 4         (2)  Any person who traffics in, or endeavors to

 5  traffic in, property that he or she knows or should have known

 6  was paid for in whole or in part by the Medicaid program

 7  commits a felony.

 8         (a)  If the value of the property involved is less than

 9  $20,000, the crime is a felony of the third degree, punishable

10  as provided in s. 775.082, s. 775.083, or s. 775.084.

11         (b)  If the value of the property involved is $20,000

12  or more but less than $100,000, the crime is a felony of the

13  second degree, punishable as provided in s. 775.082, s.

14  775.083, or s. 775.084.

15         (c)  If the value of the property involved is $100,000

16  or more, the crime is a felony of the first degree, punishable

17  as provided in s. 775.082, s. 775.083, or s. 775.084.

18  

19  The value of individual items of the devices, goods, services,

20  drugs, or other property involved in distinct transactions

21  committed during a single scheme or course of conduct, whether

22  involving a single person or several persons, may be

23  aggregated when determining the punishment for the offense.

24         (3)  Any person who knowingly initiates, organizes,

25  plans, finances, directs, manages, or supervises the obtaining

26  of property paid for in whole or in part by the Medicaid

27  program and who traffics in, or endeavors to traffic in, such

28  property commits a felony of the first degree, punishable as

29  provided in s. 775.082, s. 775.083, or s. 775.084.

30         Section 12.  Paragraph (a) of subsection (1) of section

31  895.02, Florida Statutes, is amended to read:

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 1         895.02  Definitions.--As used in ss. 895.01-895.08, the

 2  term:

 3         (1)  "Racketeering activity" means to commit, to

 4  attempt to commit, to conspire to commit, or to solicit,

 5  coerce, or intimidate another person to commit:

 6         (a)  Any crime which is chargeable by indictment or

 7  information under the following provisions of the Florida

 8  Statutes:

 9         1.  Section 210.18, relating to evasion of payment of

10  cigarette taxes.

11         2.  Section 403.727(3)(b), relating to environmental

12  control.

13         3.  Section 414.39, relating to public assistance

14  fraud.

15         4.  Section 409.920, relating to Medicaid provider

16  fraud and s. 409.9201, relating to Medicaid recipient fraud.

17         5.  Section 440.105 or s. 440.106, relating to workers'

18  compensation.

19         6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

20  and 499.0691, relating to crimes involving contraband and

21  adulterated drugs.

22         7.  Part IV of chapter 501, relating to telemarketing.

23         8.  Chapter 517, relating to sale of securities and

24  investor protection.

25         9.  Section 550.235, s. 550.3551, or s. 550.3605,

26  relating to dogracing and horseracing.

27         10.  Chapter 550, relating to jai alai frontons.

28         11.  Chapter 552, relating to the manufacture,

29  distribution, and use of explosives.

30         12.  Chapter 560, relating to money transmitters, if

31  the violation is punishable as a felony.

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 1         13.  Chapter 562, relating to beverage law enforcement.

 2         14.  Section 624.401, relating to transacting insurance

 3  without a certificate of authority, s. 624.437(4)(c)1.,

 4  relating to operating an unauthorized multiple-employer

 5  welfare arrangement, or s. 626.902(1)(b), relating to

 6  representing or aiding an unauthorized insurer.

 7         15.  Section 655.50, relating to reports of currency

 8  transactions, when such violation is punishable as a felony.

 9         16.  Chapter 687, relating to interest and usurious

10  practices.

11         17.  Section 721.08, s. 721.09, or s. 721.13, relating

12  to real estate timeshare plans.

13         18.  Chapter 782, relating to homicide.

14         19.  Chapter 784, relating to assault and battery.

15         20.  Chapter 787, relating to kidnapping.

16         21.  Chapter 790, relating to weapons and firearms.

17         22.  Section 796.03, s. 796.04, s.  796.05, or s.

18  796.07, relating to prostitution.

19         23.  Chapter 806, relating to arson.

20         24.  Section 810.02(2)(c), relating to specified

21  burglary of a dwelling or structure.

22         25.  Chapter 812, relating to theft, robbery, and

23  related crimes.

24         26.  Chapter 815, relating to computer-related crimes.

25         27.  Chapter 817, relating to fraudulent practices,

26  false pretenses, fraud generally, and credit card crimes.

27         28.  Chapter 825, relating to abuse, neglect, or

28  exploitation of an elderly person or disabled adult.

29         29.  Section 827.071, relating to commercial sexual

30  exploitation of children.

31  

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 1         30.  Chapter 831, relating to forgery and

 2  counterfeiting.

 3         31.  Chapter 832, relating to issuance of worthless

 4  checks and drafts.

 5         32.  Section 836.05, relating to extortion.

 6         33.  Chapter 837, relating to perjury.

 7         34.  Chapter 838, relating to bribery and misuse of

 8  public office.

 9         35.  Chapter 843, relating to obstruction of justice.

10         36.  Section 847.011, s. 847.012, s. 847.013, s.

11  847.06, or s. 847.07, relating to obscene literature and

12  profanity.

13         37.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

14  or s. 849.25, relating to gambling.

15         38.  Chapter 874, relating to criminal street gangs.

16         39.  Chapter 893, relating to drug abuse prevention and

17  control.

18         40.  Chapter 896, relating to offenses related to

19  financial transactions.

20         41.  Sections 914.22 and 914.23, relating to tampering

21  with a witness, victim, or informant, and retaliation against

22  a witness, victim, or informant.

23         42.  Sections 918.12 and 918.13, relating to tampering

24  with jurors and evidence.

25         Section 13.  Section 905.34, Florida Statutes, is

26  amended to read:

27         905.34  Powers and duties; law applicable.--The

28  jurisdiction of a statewide grand jury impaneled under this

29  chapter shall extend throughout the state. The subject matter

30  jurisdiction of the statewide grand jury shall be limited to

31  the offenses of:

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 1         (1)  Bribery, burglary, carjacking, home-invasion

 2  robbery, criminal usury, extortion, gambling, kidnapping,

 3  larceny, murder, prostitution, perjury, and robbery;

 4         (2)  Crimes involving narcotic or other dangerous

 5  drugs;

 6         (3)  Any violation of the provisions of the Florida

 7  RICO (Racketeer Influenced and Corrupt Organization) Act,

 8  including any offense listed in the definition of racketeering

 9  activity in s. 895.02(1)(a), providing such listed offense is

10  investigated in connection with a violation of s. 895.03 and

11  is charged in a separate count of an information or indictment

12  containing a count charging a violation of s. 895.03, the

13  prosecution of which listed offense may continue independently

14  if the prosecution of the violation of s. 895.03 is terminated

15  for any reason;

16         (4)  Any violation of the provisions of the Florida

17  Anti-Fencing Act;

18         (5)  Any violation of the provisions of the Florida

19  Antitrust Act of 1980, as amended;

20         (6)  Any violation of the provisions of chapter 815;

21         (7)  Any crime involving, or resulting in, fraud or

22  deceit upon any person;

23         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

24  847.0138 relating to computer pornography and child

25  exploitation prevention, or any offense related to a violation

26  of s. 847.0135, s. 847.0137, or s. 847.0138; or

27         (9)  Any criminal violation of part I of chapter 499;

28  or

29         (10)  Any criminal violation of s. 409.920 or s.

30  409.9201;

31  

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 1  or any attempt, solicitation, or conspiracy to commit any

 2  violation of the crimes specifically enumerated above, when

 3  any such offense is occurring, or has occurred, in two or more

 4  judicial circuits as part of a related transaction or when any

 5  such offense is connected with an organized criminal

 6  conspiracy affecting two or more judicial circuits.  The

 7  statewide grand jury may return indictments and presentments

 8  irrespective of the county or judicial circuit where the

 9  offense is committed or triable.  If an indictment is

10  returned, it shall be certified and transferred for trial to

11  the county where the offense was committed.  The powers and

12  duties of, and law applicable to, county grand juries shall

13  apply to a statewide grand jury except when such powers,

14  duties, and law are inconsistent with the provisions of ss.

15  905.31-905.40.

16         Section 14.  Paragraph (a) of subsection (2) of section

17  932.701, Florida Statutes, is amended to read:

18         932.701  Short title; definitions.--

19         (2)  As used in the Florida Contraband Forfeiture Act:

20         (a)  "Contraband article" means:

21         1.  Any controlled substance as defined in chapter 893

22  or any substance, device, paraphernalia, or currency or other

23  means of exchange that was used, was attempted to be used, or

24  was intended to be used in violation of any provision of

25  chapter 893, if the totality of the facts presented by the

26  state is clearly sufficient to meet the state's burden of

27  establishing probable cause to believe that a nexus exists

28  between the article seized and the narcotics activity, whether

29  or not the use of the contraband article can be traced to a

30  specific narcotics transaction.

31  

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 1         2.  Any gambling paraphernalia, lottery tickets, money,

 2  currency, or other means of exchange which was used, was

 3  attempted, or intended to be used in violation of the gambling

 4  laws of the state.

 5         3.  Any equipment, liquid or solid, which was being

 6  used, is being used, was attempted to be used, or intended to

 7  be used in violation of the beverage or tobacco laws of the

 8  state.

 9         4.  Any motor fuel upon which the motor fuel tax has

10  not been paid as required by law.

11         5.  Any personal property, including, but not limited

12  to, any vessel, aircraft, item, object, tool, substance,

13  device, weapon, machine, vehicle of any kind, money,

14  securities, books, records, research, negotiable instruments,

15  or currency, which was used or was attempted to be used as an

16  instrumentality in the commission of, or in aiding or abetting

17  in the commission of, any felony, whether or not comprising an

18  element of the felony, or which is acquired by proceeds

19  obtained as a result of a violation of the Florida Contraband

20  Forfeiture Act.

21         6.  Any real property, including any right, title,

22  leasehold, or other interest in the whole of any lot or tract

23  of land, which was used, is being used, or was attempted to be

24  used as an instrumentality in the commission of, or in aiding

25  or abetting in the commission of, any felony, or which is

26  acquired by proceeds obtained as a result of a violation of

27  the Florida Contraband Forfeiture Act.

28         7.  Any personal property, including, but not limited

29  to, equipment, money, securities, books, records, research,

30  negotiable instruments, currency, or any vessel, aircraft,

31  item, object, tool, substance, device, weapon, machine, or

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 1  vehicle of any kind in the possession of or belonging to any

 2  person who takes aquaculture products in violation of s.

 3  812.014(2)(c).

 4         8.  Any motor vehicle offered for sale in violation of

 5  s. 320.28.

 6         9.  Any motor vehicle used during the course of

 7  committing an offense in violation of s. 322.34(9)(a).

 8         10.  Any real property, including any right, title,

 9  leasehold, or other interest in the whole of any lot or tract

10  of land, which is acquired by proceeds obtained as a result of

11  Medicaid provider fraud under s. 409.920; any personal

12  property, including, but not limited to, equipment, money,

13  securities, books, records, research, negotiable instruments,

14  or currency; or any vessel, aircraft, item, object, tool,

15  substance, device, weapon, machine, or vehicle of any kind in

16  the possession of or belonging to any person which is acquired

17  by proceeds obtained as a result of Medicaid provider fraud

18  under s. 409.920.

19         Section 15.  Paragraph (l) is added to subsection (5)

20  of section 932.7055, Florida Statutes, to read:

21         932.7055  Disposition of liens and forfeited

22  property.--

23         (5)  If the seizing agency is a state agency, all

24  remaining proceeds shall be deposited into the General Revenue

25  Fund.  However, if the seizing agency is:

26         (l)  The Medicaid Fraud Control Unit of the Department

27  of Legal Affairs, the state share of the proceeds accrued

28  pursuant to the provisions of the Florida Contraband

29  Forfeiture Act shall be deposited into the Grants and

30  Donations Trust Fund as provided in s. 409.916, as applicable.

31         Section 16.  This act shall take effect July 1, 2004.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1064

 3                                 

 4  The committee substitute makes the following changes to SB
    1064:
 5  
    Authorizes the Office of Statewide Prosecution to investigate
 6  and prosecute any criminal violation of s. 409.920 or s.
    409.9201, F.S., and provides that the Statewide Grand Jury's
 7  jurisdiction includes any criminal violation of  s. 409.920 or
    s. 409.9201, F.S.
 8  
    Includes MFCU in the AHCA local coordinating workgroups for
 9  identifying unlicensed assisted living facilities and gives
    MFCU the authority to enter and inspect facilities licensed
10  under part III of ch. 400, F.S.

11  Gives AHCA the authority to require a confirmation or second
    physician's opinion of the correct diagnosis before
12  authorizing payment for medical treatment.

13  Requires AHCA and the Drug Utilization Review Board to consult
    with the Department of Health under the practice pattern
14  identification program.

15  Specifies that AHCA can conduct or contract for prepayment
    review of provider claims to ensure that billing by a provider
16  is in accordance with applicable Medicaid rules, regulations,
    handbooks, and policies and in accordance with all state and
17  federal laws, and to ensure that appropriate care is rendered
    to Medicaid recipients.
18  
    Clarifies that suspension or termination from the Medicaid
19  program precludes participation in Medicaid during that
    period, which includes any action that results in a claim for
20  payment to the Medicaid program as a result of furnishing,
    supervising a person who is furnishing, or causing a person to
21  furnish goods or services.

22  Authorizes AHCA to limit, restrict, or suspend Medicaid
    eligibility for a period of up to one year for those
23  recipients convicted of a fraudulent act under or against a
    federal health care program.
24  
    Further specifies a provider's obligation with regard to
25  submitting claims to the Medicaid progrqam by providing that
    AHCA shall not reimburse any person or entity for any
26  prescription for medications, medical supplies, or medical
    services if the prescription was written by a physician or
27  other prescribing practitioner who is not enrolled in the
    Medicaid program, and provides certain exemptions.
28  
    Authorizes AHCA to limit the number of Schedule II and
29  Schedule III refill prescription claims submitted from
    pharmacy providers.
30  
    Requires AHCA to limit the allowable amount of reimbursement
31  of prescription refill claims for Schedule II and Schedule III
    pharmaceuticals if AHCA or MFCU determines that the specific
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 1  prescription refill was not requested by the Medicaid
    recipient or authorized representative for whom the refill
 2  claim is submitted, or was not prescribed by the recipient's
    medical provider or physician.
 3  
    Redefines the term "knowingly" as an act done voluntarily and
 4  intentionally and not because of mistake or accident.
    "Knowingly" also includes the word "willfully" or "willful".
 5  Makes it unlawful to knowingly use or endeavor to use a
    Medicaid provider's or recipient's identification number or
 6  cause to be made, or aid and abet in the making of a claim for
    items or services that are not authorized to be reimbursed
 7  under the Medicaid program.

 8  Authorizes AHCA and MFCU to review a provider's
    non-Medicaid-related records, without the patient's consent,
 9  pursuant to an investigation of suspected Medicaid fraud in or
    to determine consistency in the quality and appropriateness of
10  treatment provided to Medicaid recipients as compared to
    non-Medicaid recipients.
11  
    Provides an additional ground under which a health care
12  practitioner who prescribes medicinal drugs or controlled
    substances may be subject to discipline by the Department of
13  Health or the appropriate board having jurisdiction over the
    health care practitioner.
14  
    Deletes the requirement that AHCA give pharmacists at least 1
15  week's notice prior to a pharmacy audit, specifying an
    effective date for the audit criteria in the section.
16  
    Creates new felony violations for various Medicaid fraud
17  activities.

18  Expands the definition of "racketeering activity" to include
    crimes committed under s. 409.9201, F.S., relating to Medicaid
19  recipient fraud. Expands the definition of "contraband
    article." Requires that proceeds collected under the
20  Contraband Forfeiture Act be deposited in AHCA's Grants and
    Donations Trust Fund.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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