Senate Bill sb1064c2

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    Florida Senate - 2004                    CS for CS for SB 1064

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



    309-2388-04

  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         creating s. 409.9021, F.S.; requiring a

17         Medicaid applicant to agree to forfeiture of

18         all entitlements under the Medicaid program

19         upon a judicial or administrative finding of

20         fraud within a specified period; amending s.

21         409.912, F.S.; authorizing the Agency for

22         Health Care Administration to require a

23         confirmation or second physician's opinion of

24         the correct diagnosis for purposes of

25         authorizing future services under the Medicaid

26         program; authorizing the Agency for Health Care

27         Administration to impose mandatory enrollment

28         in drug-therapy-management or

29         disease-management programs for certain

30         categories of recipients; requiring that the

31         Agency for Health Care Administration and the

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 1         Drug Utilization Review Board consult with the

 2         Department of Health; allowing termination of

 3         certain practitioners from the Medicaid

 4         program; providing that Medicaid recipients may

 5         be required to participate in a provider

 6         lock-in program for not less than 1 year and up

 7         to the duration of the time the recipient

 8         participates in the program; requiring the

 9         agency to seek a federal waiver to terminate

10         eligibility; requiring the agency to conduct a

11         study of electronic verification systems;

12         authorizing the agency to use credentialing

13         criteria for the purpose of including providers

14         in the Medicaid program; amending s. 409.913,

15         F.S.; providing specified conditions for

16         providers to meet in order to submit claims to

17         the Medicaid program; providing that claims may

18         be denied if not properly submitted; providing

19         that the agency may seek any remedy under law

20         if a provider submits specified false or

21         erroneous claims; providing that suspension or

22         termination precludes participation in the

23         Medicaid program; providing that the agency is

24         required to report administrative sanctions to

25         licensing authorities for certain violations;

26         providing that the agency may withhold payment

27         to a provider under certain circumstances;

28         providing that the agency may deny payments to

29         terminated or suspended providers; authorizing

30         the agency to implement amnesty programs for

31         providers to voluntarily repay overpayments;

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 1         authorizing the agency to adopt rules;

 2         providing for limiting, restricting, or

 3         suspending Medicaid eligibility of Medicaid

 4         recipients convicted of certain crimes or

 5         offenses; authorizing the agency and the

 6         Medicaid Fraud Control Unit of the Department

 7         of Legal Affairs to review non-Medicaid-related

 8         records in order to determine reconciliation of

 9         a provider's records; authorizing the agency

10         head or designee to limit, restrict, or suspend

11         Medicaid eligibility for a period not to exceed

12         1 year if a recipient is convicted of a federal

13         health care crime; authorizing the Agency for

14         Health Care Administration to limit the number

15         of certain types of prescription claims

16         submitted by pharmacy providers; requiring the

17         agency to limit the allowable amount of certain

18         types of prescriptions under specified

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

20         requiring that the Office of Program Policy

21         Analysis and Government Accountability report

22         to the Legislature on the agency's fraud and

23         abuse prevention, deterrence, detection, and

24         recovery efforts; redefining the term "peer

25         review"; providing for peer review for purposes

26         of determining a potential overpayment if the

27         medical necessity or quality of care is

28         evaluated; requiring an additional statement on

29         Medicaid cost reports certifying that Medicaid

30         providers are familiar with the laws and

31         regulations regarding the provision of health

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 1         care services under the Medicaid program;

 2         amending s. 409.920, F.S.; redefining the term

 3         "knowingly" to include "willfully" or

 4         "willful"; making it unlawful to knowingly use

 5         or endeavor to use a Medicaid provider's or a

 6         Medicaid recipient's identification number or

 7         cause to be made, or aid and abet in the making

 8         of, a claim for items or services that are not

 9         authorized to be reimbursed under the Medicaid

10         program; defining the term "paid for"; creating

11         s. 409.9201, F.S.; providing definitions;

12         providing that a person who knowingly sells or

13         attempts to sell legend drugs obtained through

14         the Medicaid program commits a felony;

15         providing that a person who knowingly purchases

16         or attempts to purchase legend drugs obtained

17         through the Medicaid program and intended for

18         the use of another commits a felony; providing

19         that a person who knowingly makes or conspires

20         to make false representations for the purpose

21         of obtaining goods or services from the

22         Medicaid program commits a felony; providing

23         specified criminal penalties depending on the

24         value of the legend drugs or goods or services

25         obtained from the Medicaid program; amending s.

26         456.072, F.S.; providing an additional ground

27         under which a health care practitioner who

28         prescribes medicinal drugs or controlled

29         substances may be subject to discipline by the

30         Department of Health or the appropriate board

31         having jurisdiction over the health care

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 1         practitioner; authorizing the Department of

 2         Health to initiate a disciplinary investigation

 3         of prescribing practitioners under specified

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

 5         deleting the requirement that the Agency for

 6         Health Care Administration give pharmacists at

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

 8         specifying an effective date for certain audit

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

10         definitions; providing that a person who

11         traffics in property paid for in whole or in

12         part by the Medicaid program, or who knowingly

13         finances, directs, or traffics in such

14         property, commits a felony; providing specified

15         criminal penalties depending on the value of

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

17         Medicaid recipient fraud to the definition of

18         the term "racketeering activity"; amending s.

19         905.34, F.S.; adding any criminal violation of

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

21         crimes within the jurisdiction of the statewide

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

23         expanding the definition of "contraband

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

25         that proceeds collected under the Florida

26         Contraband Forfeiture Act be deposited in the

27         Department of Legal Affairs' Grants and

28         Donations Trust Fund; amending ss. 394.9082,

29         400.0077, 409.9065, 409.9071, 409.908,

30         409.91196, 409.9122, 409.9131, 430.608,

31         636.0145, 641.225, and 641.386, F.S.;

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 1         correcting cross-references; reenacting s.

 2         921.0022(3)(g), F.S., relating to the offense

 3         severity ranking chart of the Criminal

 4         Punishment Code, to incorporate the amendment

 5         to s. 409.920, F.S., in a reference thereto;

 6         reenacting s. 705.101(6), F.S., relating to

 7         unclaimed evidence, to incorporate the

 8         amendment to s. 932.701, F.S., in a reference

 9         thereto; reenacting s. 932.703(4), F.S.,

10         relating to forfeiture of contraband articles,

11         to incorporate the amendment to s. 932.701,

12         F.S., in a reference thereto; providing an

13         appropriation and authorizing positions;

14         providing an 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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 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 409.9021, Florida Statutes, is

11  created to read:

12         409.9021  Forfeiture of eligibility agreement.--As a

13  condition of Medicaid eligibility, subject to federal

14  approval, a Medicaid applicant shall agree in writing to

15  forfeit all entitlements to any goods or services provided

16  through the Medicaid program if he or she has been found to

17  have committed fraud, through judicial or administrative

18  proceedings, three times in a period of less than 36 months.

19  This provision applies only to the Medicaid recipient found to

20  have committed or participated in the fraud and does not apply

21  to any family member of the recipient who was not involved in

22  the fraud.

23         Section 5.  Section 409.912, Florida Statutes, is

24  amended to read:

25         409.912  Cost-effective purchasing of health care.--The

26  agency shall purchase goods and services for Medicaid

27  recipients in the most cost-effective manner consistent with

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

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

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

31  the correct diagnosis for purposes of authorizing future

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 1  services under the Medicaid program. This section does not

 2  restrict access to emergency services or poststabilization

 3  care services as defined in 42 C.F.R. part 438.114. Such

 4  confirmation or second opinion shall be rendered in a manner

 5  approved by the agency. The agency shall maximize the use of

 6  prepaid per capita and prepaid aggregate fixed-sum basis

 7  services when appropriate and other alternative service

 8  delivery and reimbursement methodologies, including

 9  competitive bidding pursuant to s. 287.057, designed to

10  facilitate the cost-effective purchase of a case-managed

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

12  minimize the exposure of recipients to the need for acute

13  inpatient, custodial, and other institutional care and the

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

15  agency may mandate establish prior authorization, drug therapy

16  management, or disease management participation requirements

17  for certain populations of Medicaid beneficiaries, certain

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

19  overuse, and possible dangerous drug interactions. The

20  Pharmaceutical and Therapeutics Committee shall make

21  recommendations to the agency on drugs for which prior

22  authorization is required. The agency shall inform the

23  Pharmaceutical and Therapeutics Committee of its decisions

24  regarding drugs subject to prior authorization.

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

26  Children and Family Services to ensure access of children and

27  families in the child protection system to needed and

28  appropriate mental health and substance abuse services.

29         (2)  The agency may enter into agreements with

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

31  the Federal Government and accept such duties in respect to

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

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

 3  409.901-409.920.

 4         (3)  The agency may contract with health maintenance

 5  organizations certified pursuant to part I of chapter 641 for

 6  the provision of services to recipients.

 7         (4)  The agency may contract with:

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

 9  services other than Medicaid services under contract with the

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

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

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

13  to recipients, which entity may provide such prepaid services

14  either directly or through arrangements with other providers.

15  Such prepaid health care services entities must be licensed

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

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

18  recognized under this paragraph which demonstrates to the

19  satisfaction of the Office of Insurance Regulation of the

20  Financial Services Commission that it is backed by the full

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

22  exempted from s. 641.225.

23         (b)  An entity that is providing comprehensive

24  behavioral health care services to certain Medicaid recipients

25  through a capitated, prepaid arrangement pursuant to the

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

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

28  641 and must possess the clinical systems and operational

29  competence to manage risk and provide comprehensive behavioral

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

31  the term "comprehensive behavioral health care services" means

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 1  covered mental health and substance abuse treatment services

 2  that are available to Medicaid recipients. The secretary of

 3  the Department of Children and Family Services shall approve

 4  provisions of procurements related to children in the

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

 6  in a prepaid behavioral health plan. Any contract awarded

 7  under this paragraph must be competitively procured. In

 8  developing the behavioral health care prepaid plan procurement

 9  document, the agency shall ensure that the procurement

10  document requires the contractor to develop and implement a

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

12  provided to residents of licensed assisted living facilities

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

14  seek federal approval to contract with a single entity meeting

15  these requirements to provide comprehensive behavioral health

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

17  entity must offer sufficient choice of providers in its

18  network to ensure recipient access to care and the opportunity

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

20  shall include all public mental health hospitals. To ensure

21  unimpaired access to behavioral health care services by

22  Medicaid recipients, all contracts issued pursuant to this

23  paragraph shall require 80 percent of the capitation paid to

24  the managed care plan, including health maintenance

25  organizations, to be expended for the provision of behavioral

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

27  expends less than 80 percent of the capitation paid pursuant

28  to this paragraph for the provision of behavioral health care

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

30  agency shall provide the managed care plan with a

31  certification letter indicating the amount of capitation paid

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 1  during each calendar year for the provision of behavioral

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

 3  reimburse for substance abuse treatment services on a

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

 5  funds are available for capitated, prepaid arrangements.

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

 7  contracts with the entities providing comprehensive inpatient

 8  and outpatient mental health care services to Medicaid

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

10  Polk Counties, to include substance abuse treatment services.

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

12  Children and Family Services shall execute a written agreement

13  that requires collaboration and joint development of all

14  policy, budgets, procurement documents, contracts, and

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

16  community mental health and targeted case management programs.

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

18  Children and Family Services shall contract with managed care

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

20  comprehensive inpatient and outpatient mental health and

21  substance abuse services through capitated prepaid

22  arrangements to all Medicaid recipients who are eligible to

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

24  AHCA areas where eligible individuals number less than

25  150,000, the agency shall contract with a single managed care

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

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

28  awarded pursuant to this section shall be competitively

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

30  shall be eligible to compete.

31  

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

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

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

 4  provides for the full implementation of capitated prepaid

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

 6  shall include provisions which ensure that children and

 7  families receiving foster care and other related services are

 8  appropriately served and that these services assist the

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

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

11  developed with the participation of community-based lead

12  agencies, community alliances, sheriffs, and community

13  providers serving dependent children.

14         a.  Implementation shall begin in 2003 in those AHCA

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

16  sufficient capitation rates.

17         b.  If the agency determines that the proposed

18  capitation rate in any area is insufficient to provide

19  appropriate services, the agency may adjust the capitation

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

21  department may use existing general revenue to address any

22  additional required match but may not over-obligate existing

23  funds on an annualized basis.

24         c.  Subject to any limitations provided for in the

25  General Appropriations Act, the agency, in compliance with

26  appropriate federal authorization, shall develop policies and

27  procedures that allow for certification of local and state

28  funds.

29         5.  Children residing in a statewide inpatient

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

31  a Department of Children and Family Services residential

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 1  program approved as a Medicaid behavioral health overlay

 2  services provider shall not be included in a behavioral health

 3  care prepaid health plan pursuant to this paragraph.

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

 5  agency shall in its procurement document require an entity

 6  providing comprehensive behavioral health care services to

 7  prevent the displacement of indigent care patients by

 8  enrollees in the Medicaid prepaid health plan providing

 9  behavioral health care services from facilities receiving

10  state funding to provide indigent behavioral health care, to

11  facilities licensed under chapter 395 which do not receive

12  state funding for indigent behavioral health care, or

13  reimburse the unsubsidized facility for the cost of behavioral

14  health care provided to the displaced indigent care patient.

15         7.  Traditional community mental health providers under

16  contract with the Department of Children and Family Services

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

18  under contract with the Department of Children and Family

19  Services, and inpatient mental health providers licensed

20  pursuant to chapter 395 must be offered an opportunity to

21  accept or decline a contract to participate in any provider

22  network for prepaid behavioral health services.

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

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

25  entity owned by other migrant and community health centers

26  receiving non-Medicaid financial support from the Federal

27  Government to provide health care services on a prepaid or

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

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

30  chapter 641, but shall be prohibited from serving Medicaid

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

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

 2  if the entity meets the requirements specified in subsections

 3  (15) and (16).

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

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

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

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

 8  appropriate financial reserve, quality assurance, and patient

 9  rights requirements as established by the agency.  The agency

10  shall award contracts on a competitive bid basis and shall

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

12  recipients assigned to a demonstration project shall be chosen

13  equally from those who would otherwise have been assigned to

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

15  federal Medicaid waivers as necessary to implement the

16  provisions of this section.

17         (e)  An entity that provides comprehensive behavioral

18  health care services to certain Medicaid recipients through an

19  administrative services organization agreement. Such an entity

20  must possess the clinical systems and operational competence

21  to provide comprehensive health care to Medicaid recipients.

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

23  health care services" means covered mental health and

24  substance abuse treatment services that are available to

25  Medicaid recipients. Any contract awarded under this paragraph

26  must be competitively procured. The agency must ensure that

27  Medicaid recipients have available the choice of at least two

28  managed care plans for their behavioral health care services.

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

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

31  care to Medicaid recipients with degenerative neurological

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 1  diseases and other diseases or disabling conditions associated

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

 3  serve very disabled persons and to reduce Medicaid reimbursed

 4  costs for inpatient, outpatient, and emergency department

 5  services. The agency shall contract with vendors on a

 6  risk-sharing basis.

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

 8  coordination and care management for Medicaid-eligible

 9  pediatric patients, primary care, authorization of specialty

10  care, and other urgent and emergency care through organized

11  providers designed to service Medicaid eligibles under age 18

12  and pediatric emergency departments' diversion programs. The

13  networks shall provide after-hour operations, including

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

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

16  departments.

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

18  with the agency and the Department of Elderly Affairs to

19  provide health care and social services on a prepaid or

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

21  care services entities are exempt from the provisions of part

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

23  recognized under this paragraph that demonstrates to the

24  satisfaction of the Office of Insurance Regulation that it is

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

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

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

28  in s. 391.021.

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

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

31  new Medicaid procedure codes for emergency and crisis care,

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 1  supportive residential services, and other services designed

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

 3  recipients. The agency shall include in the agreement

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

 5  that the match requirements for these new procedure codes are

 6  met by certifying eligible general revenue or local funds that

 7  are currently expended on these services by the department

 8  with contracted alcohol, drug abuse, and mental health

 9  providers. The plan must describe specific procedure codes to

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

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

12  analysis that describes the certified match procedures, and

13  accountability mechanisms, projects the earnings associated

14  with these procedures, and describes the sources of state

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

16  approved by the Legislative Budget Commission. If such

17  approval has not occurred by December 31, 2003, the plan shall

18  be submitted for consideration by the 2004 Legislature.

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

20  entity otherwise authorized by this section on a prepaid or

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

22  recipients. An entity may provide prepaid services to

23  recipients, either directly or through arrangements with other

24  entities, if each entity involved in providing services:

25         (a)  Is organized primarily for the purpose of

26  providing health care or other services of the type regularly

27  offered to Medicaid recipients;

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

29  the agency for quality, appropriateness, and timeliness;

30         (c)  Makes provisions satisfactory to the agency for

31  insolvency protection and ensures that neither enrolled

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 1  Medicaid recipients nor the agency will be liable for the

 2  debts of the entity;

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

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

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

 6  equivalent liquid assets excluding revenues from Medicaid

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

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

 9         (e)  Furnishes evidence satisfactory to the agency of

10  adequate liability insurance coverage or an adequate plan of

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

12  of the furnishing of health care;

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

14  periodic review of its medical facilities and services, as

15  required by the agency; and

16         (g)  Provides organizational, operational, financial,

17  and other information required by the agency.

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

19  basis with any health insurer that:

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

21  Medicaid recipients in exchange for a premium payment paid by

22  the agency;

23         (b)  Assumes the underwriting risk; and

24         (c)  Is organized and licensed under applicable

25  provisions of the Florida Insurance Code and is currently in

26  good standing with the Office of Insurance Regulation.

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

28  basis with an exclusive provider organization to provide

29  health care services to Medicaid recipients provided that the

30  exclusive provider organization meets applicable managed care

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

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 1  409.9128, and 627.6472, and other applicable provisions of

 2  law.

 3         (9)  The Agency for Health Care Administration may

 4  provide cost-effective purchasing of chiropractic services on

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

 6  arrangements with a statewide chiropractic preferred provider

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

 8  corporation.  The agency shall ensure that the benefit limits

 9  and prior authorization requirements in the current Medicaid

10  program shall apply to the services provided by the

11  chiropractic preferred provider organization.

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

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

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

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

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

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

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

19  to:

20         (a)  Fraud;

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

22  including those proscribing price fixing between competitors

23  and the allocation of customers among competitors;

24         (c)  Commission of a felony involving embezzlement,

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

26  destruction of records, making false statements, receiving

27  stolen property, making false claims, or obstruction of

28  justice; or

29         (d)  Any crime in any jurisdiction which directly

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

31  fixed-sum basis.

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

 2  apply for waivers of applicable federal laws and regulations

 3  as necessary to implement more appropriate systems of health

 4  care for Medicaid recipients and reduce the cost of the

 5  Medicaid program to the state and federal governments and

 6  shall implement such programs, after legislative approval,

 7  within a reasonable period of time after federal approval.

 8  These programs must be designed primarily to reduce the need

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

10  institutional care, and other high-cost services.

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

12  waiver as authorized by this subsection, the agency shall

13  provide notice and an opportunity for public comment.  Notice

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

15  agency for advance notice and shall be published in the

16  Florida Administrative Weekly not less than 28 days prior to

17  the intended action.

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

19  appropriated to the Department of Elderly Affairs for the

20  Assisted Living for the Elderly Medicaid waiver and are not

21  expended shall be transferred to the agency to fund

22  Medicaid-reimbursed nursing home care.

23         (12)  The agency shall establish a postpayment

24  utilization control program designed to identify recipients

25  who may inappropriately overuse or underuse Medicaid services

26  and shall provide methods to correct such misuse.

27         (13)  The agency shall develop and provide coordinated

28  systems of care for Medicaid recipients and may contract with

29  public or private entities to develop and administer such

30  systems of care among public and private health care providers

31  in a given geographic area.

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

 2  operation of utilization management and incentive systems

 3  designed to encourage cost-effective use services.

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

 5  Assessment and Review (CARES) nursing facility preadmission

 6  screening program to ensure that Medicaid payment for nursing

 7  facility care is made only for individuals whose conditions

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

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

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

11  CARES program shall also ensure that individuals participating

12  in Medicaid home and community-based waiver programs meet

13  criteria for those programs, consistent with approved federal

14  waivers.

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

16  an interagency agreement with the Department of Elderly

17  Affairs.

18         (c)  Prior to making payment for nursing facility

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

20  the nursing facility preadmission screening program has

21  determined that the individual requires nursing facility care

22  and that the individual cannot be safely served in

23  community-based programs. The nursing facility preadmission

24  screening program shall refer a Medicaid recipient to a

25  community-based program if the individual could be safely

26  served at a lower cost and the recipient chooses to

27  participate in such program.

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

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

30  Policy describing the operations of the CARES program. The

31  report must describe:

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 1         1.  Rate of diversion to community alternative

 2  programs;

 3         2.  CARES program staffing needs to achieve additional

 4  diversions;

 5         3.  Reasons the program is unable to place individuals

 6  in less restrictive settings when such individuals desired

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

 8         4.  Barriers to appropriate placement, including

 9  barriers due to policies or operations of other agencies or

10  state-funded programs; and

11         5.  Statutory changes necessary to ensure that

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

13  the least restrictive environment.

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

15  utilization and price patterns within the Medicaid program

16  which are not cost-effective or medically appropriate and

17  assess the effectiveness of new or alternate methods of

18  providing and monitoring service, and may implement such

19  methods as it considers appropriate. Such methods may include

20  disease management initiatives, an integrated and systematic

21  approach for managing the health care needs of recipients who

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

23  best practices, prevention strategies, clinical-practice

24  improvement, clinical interventions and protocols, outcomes

25  research, information technology, and other tools and

26  resources to reduce overall costs and improve measurable

27  outcomes.

28         (b)  The responsibility of the agency under this

29  subsection shall include the development of capabilities to

30  identify actual and optimal practice patterns; patient and

31  provider educational initiatives; methods for determining

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 1  patient compliance with prescribed treatments; fraud, waste,

 2  and abuse prevention and detection programs; and beneficiary

 3  case management programs.

 4         1.  The practice pattern identification program shall

 5  evaluate practitioner prescribing patterns based on national

 6  and regional practice guidelines, comparing practitioners to

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

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

 9  of practicing health care professionals consisting of the

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

11  President of the Senate shall each appoint three physicians

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

13  shall appoint two pharmacists licensed under chapter 465 and

14  one dentist licensed under chapter 466 who is an oral surgeon.

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

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

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

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

19  evaluating treatment guidelines and recommending ways to

20  incorporate their use in the practice pattern identification

21  program. Practitioners who are prescribing inappropriately or

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

23  prescribing of certain drugs subject to prior authorization or

24  may be terminated from all participation in the Medicaid

25  program.

26         2.  The agency shall also develop educational

27  interventions designed to promote the proper use of

28  medications by providers and beneficiaries.

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

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

31  of credit requirement for participating pharmacies, enhanced

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 1  provider auditing practices, the use of additional fraud and

 2  abuse software, recipient management programs for

 3  beneficiaries inappropriately using their benefits, and other

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

 5  and abuse. The initiative shall address enforcement efforts to

 6  reduce the number and use of counterfeit prescriptions.

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

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

 9  clinical pharmacology drug information database for

10  practitioners. The initiative shall be designed to enhance the

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

12  prescription drug benefit program and to otherwise further the

13  intent of this paragraph.

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

15  to implement this paragraph.

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

17  basis shall, in addition to meeting any applicable statutory

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

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

20  allowable as admitted assets by the Office of Insurance

21  Regulation, and restricted funds or deposits controlled by the

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

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

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

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

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

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

28  prepaid revenues, the agency shall prohibit the entity from

29  engaging in marketing and preenrollment activities, shall

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

31  

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

 2  requirements of this subsection do not apply:

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

 4  incurred by the contracting entity; or

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

 6  guaranteed in writing by a guaranteeing organization which:

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

 8  assets in excess of $50 million; or

 9         2.  Submits a written guarantee acceptable to the

10  agency which is irrevocable during the term of the contracting

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

12  contract, until the agency receives proof of satisfaction of

13  all outstanding obligations incurred under the contract.

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

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

16  insolvency protection account with a federally guaranteed

17  financial institution licensed to do business in this state.

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

19  capitation payments made by the agency each month until a

20  maximum total of 2 percent of the total current contract

21  amount is reached. The restricted insolvency protection

22  account may be drawn upon with the authorized signatures of

23  two persons designated by the entity and two representatives

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

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

26  the two authorized signatures of representatives of the

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

28  obligations incurred by the entity under the prepaid contract.

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

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

31  

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 1  upon receipt of proof of satisfaction of all outstanding

 2  obligations incurred under this contract.

 3         (b)  The agency may waive the insolvency protection

 4  account requirement in writing when evidence is on file with

 5  the agency of adequate insolvency insurance and reinsurance

 6  that will protect enrollees if the entity becomes unable to

 7  meet its obligations.

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

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

10  services shall reimburse any hospital or physician that is

11  outside the entity's authorized geographic service area as

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

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

14  negotiated with the hospital or physician for the provision of

15  services or according to the lesser of the following:

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

17  general public by the hospital or physician; or

18         (b)  The Florida Medicaid reimbursement rate

19  established for the hospital or physician.

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

21  prepaid contractor has been approved by the Office of

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

23  approve the assignment or transfer of the appropriate Medicaid

24  prepaid contract upon request of the surviving entity of the

25  merger or acquisition if the contractor and the other entity

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

27  12-month period, unless the agency determines that the

28  assignment or transfer would be detrimental to the Medicaid

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

30  an entity must not have failed accreditation or committed any

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

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 1  meet the Medicaid contract requirements.  For purposes of this

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

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

 4         (21)  Any entity contracting with the agency pursuant

 5  to this section to provide health care services to Medicaid

 6  recipients is prohibited from engaging in any of the following

 7  practices or activities:

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

 9  not limited to, attempts to discourage participation on the

10  basis of actual or perceived health status.

11         (b)  Activities that could mislead or confuse

12  recipients, or misrepresent the organization, its marketing

13  representatives, or the agency. Violations of this paragraph

14  include, but are not limited to:

15         1.  False or misleading claims that marketing

16  representatives are employees or representatives of the state

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

18  organization by whom they are reimbursed.

19         2.  False or misleading claims that the entity is

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

21  any other organization which has not certified its endorsement

22  in writing to the entity.

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

24  recommends that a Medicaid recipient enroll with an entity.

25         4.  Claims that a Medicaid recipient will lose benefits

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

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

28  recipient does not enroll with the entity.

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

30  valuable consideration for enrollment, except as authorized by

31  subsection (22).

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

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

 3  make a presentation.

 4         (e)  Solicitation of Medicaid recipients by marketing

 5  representatives stationed in state offices unless approved and

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

 7  affected state agency when solicitation occurs in an office of

 8  the state agency.  The agency shall ensure that marketing

 9  representatives stationed in state offices shall market their

10  managed care plans to Medicaid recipients only in designated

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

12  recipients' activities in the state office.

13         (f)  Enrollment of Medicaid recipients.

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

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

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

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

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

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

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

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

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

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

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

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

26  action.

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

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

29  agency for the provision of health care services to Medicaid

30  recipients may not use or distribute marketing materials used

31  to solicit Medicaid recipients, unless such materials have

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

 2  do not apply to general advertising and marketing materials

 3  used by a health maintenance organization to solicit both

 4  non-Medicaid subscribers and Medicaid recipients.

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

 6  organizations and persons or entities exempt from chapter 641

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

 8  health care services to Medicaid recipients may be permitted

 9  within the capitation rate to provide additional health

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

11  practicably available, provide reasonable value to the

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

13  state.

14         (25)  The agency shall utilize the statewide health

15  maintenance organization complaint hotline for the purpose of

16  investigating and resolving Medicaid and prepaid health plan

17  complaints, maintaining a record of complaints and confirmed

18  problems, and receiving disenrollment requests made by

19  recipients.

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

21  health maintenance organization's and the prepaid health

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

23  telephone number of the statewide health maintenance

24  organization complaint hotline on each Medicaid identification

25  card issued by a health maintenance organization or prepaid

26  health plan contracting with the agency to serve Medicaid

27  recipients and on each subscriber handbook issued to a

28  Medicaid recipient.

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

30  improvement system for those entities contracting with the

31  agency pursuant to this section, incorporating all the

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 1  standards and guidelines developed by the Medicaid Bureau of

 2  the Health Care Financing Administration as a part of the

 3  quality assurance reform initiative.  The system shall

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

 5         (a)  Guidelines for internal quality assurance

 6  programs, including standards for:

 7         1.  Written quality assurance program descriptions.

 8         2.  Responsibilities of the governing body for

 9  monitoring, evaluating, and making improvements to care.

10         3.  An active quality assurance committee.

11         4.  Quality assurance program supervision.

12         5.  Requiring the program to have adequate resources to

13  effectively carry out its specified activities.

14         6.  Provider participation in the quality assurance

15  program.

16         7.  Delegation of quality assurance program activities.

17         8.  Credentialing and recredentialing.

18         9.  Enrollee rights and responsibilities.

19         10.  Availability and accessibility to services and

20  care.

21         11.  Ambulatory care facilities.

22         12.  Accessibility and availability of medical records,

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

24         13.  Utilization review.

25         14.  A continuity of care system.

26         15.  Quality assurance program documentation.

27         16.  Coordination of quality assurance activity with

28  other management activity.

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

30  elderly and disabled recipients, especially those who are at

31  risk of institutional placement; to persons with developmental

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

 2  medical conditions.

 3         (b)  Guidelines which require the entities to conduct

 4  quality-of-care studies which:

 5         1.  Target specific conditions and specific health

 6  service delivery issues for focused monitoring and evaluation.

 7         2.  Use clinical care standards or practice guidelines

 8  to objectively evaluate the care the entity delivers or fails

 9  to deliver for the targeted clinical conditions and health

10  services delivery issues.

11         3.  Use quality indicators derived from the clinical

12  care standards or practice guidelines to screen and monitor

13  care and services delivered.

14         (c)  Guidelines for external quality review of each

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

16  individual care review in specific situations; and followup

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

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

19  quality review function and determining how it is to operate

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

21  agency shall construct its external quality review

22  organization and entity contracts to address each of the

23  following:

24         1.  Delineating the role of the external quality review

25  organization.

26         2.  Length of the external quality review organization

27  contract with the state.

28         3.  Participation of the contracting entities in

29  designing external quality review organization review

30  activities.

31  

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 1         4.  Potential variation in the type of clinical

 2  conditions and health services delivery issues to be studied

 3  at each plan.

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

 5  studies to be conducted for each plan.

 6         6.  Methods for implementing focused studies.

 7         7.  Individual care review.

 8         8.  Followup activities.

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

10  care services for which an entity has already been

11  compensated, an entity contracting with the agency pursuant to

12  this section shall achieve an annual Early and Periodic

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

14  rate of at least 60 percent for those recipients continuously

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

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

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

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

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

20  established in the corrective action plan during the specified

21  timeframe, the agency is authorized to impose appropriate

22  contract sanctions.  At least annually, the agency shall

23  publicly release the EPSDT Services screening rates of each

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

25  Medicaid recipients.

26         (29)  The agency shall perform enrollments and

27  disenrollments for Medicaid recipients who are eligible for

28  MediPass or managed care plans. Notwithstanding the

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

30  may perform preenrollments of Medicaid recipients under the

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

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

 2  and educational materials to a Medicaid recipient and

 3  assistance in completing the application forms, but shall not

 4  include actual enrollment into a managed care plan.  An

 5  application for enrollment shall not be deemed complete until

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

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

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

 9  marketing initiatives to inform Medicaid recipients about

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

11  report to the Legislature on the effectiveness of such

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

13  perform managed care plan and MediPass enrollment and

14  disenrollment services for Medicaid recipients and is

15  authorized to adopt rules to implement such services. The

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

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

18  for agency supervision and management of the managed care plan

19  enrollment and disenrollment contract.

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

21  recipients, MediPass enrollees, or managed care plan enrollees

22  shall be arranged alphabetically showing the provider's name

23  and specialty and, separately, by specialty in alphabetical

24  order.

25         (31)  The agency shall establish an enhanced managed

26  care quality assurance oversight function, to include at least

27  the following components:

28         (a)  At least quarterly analysis and followup,

29  including sanctions as appropriate, of managed care

30  participant utilization of services.

31  

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 1         (b)  At least quarterly analysis and followup,

 2  including sanctions as appropriate, of quality findings of the

 3  Medicaid peer review organization and other external quality

 4  assurance programs.

 5         (c)  At least quarterly analysis and followup,

 6  including sanctions as appropriate, of the fiscal viability of

 7  managed care plans.

 8         (d)  At least quarterly analysis and followup,

 9  including sanctions as appropriate, of managed care

10  participant satisfaction and disenrollment surveys.

11         (e)  The agency shall conduct regular and ongoing

12  Medicaid recipient satisfaction surveys.

13  

14  The analyses and followup activities conducted by the agency

15  under its enhanced managed care quality assurance oversight

16  function shall not duplicate the activities of accreditation

17  reviewers for entities regulated under part III of chapter

18  641, but may include a review of the finding of such

19  reviewers.

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

21  with the agency to provide health care services to Medicaid

22  recipients shall annually conduct a background check with the

23  Florida Department of Law Enforcement of all persons with

24  ownership interest of 5 percent or more or executive

25  management responsibility for the managed care plan and shall

26  submit to the agency information concerning any such person

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

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

29  offenses listed in s. 435.03.

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

31  whereby a Medicaid managed care plan enrollee who wishes to

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 1  enter hospice care may be disenrolled from the managed care

 2  plan within 24 hours after contacting the agency regarding

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

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

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

 6  disenrollment occurs.

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

 8  agency to provide health care services to Medicaid recipients

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

10  provisions of s. 641.513 in providing emergency services and

11  care to Medicaid recipients and MediPass recipients.

12         (35)  All entities providing health care services to

13  Medicaid recipients shall make available, and encourage all

14  pregnant women and mothers with infants to receive, and

15  provide documentation in the medical records to reflect, the

16  following:

17         (a)  Healthy Start prenatal or infant screening.

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

19  other factors indicate need.

20         (c)  Healthy Start enhanced services in accordance with

21  the prenatal or infant screening results.

22         (d)  Immunizations in accordance with recommendations

23  of the Advisory Committee on Immunization Practices of the

24  United States Public Health Service and the American Academy

25  of Pediatrics, as appropriate.

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

27  women and their partners.

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

29  voluntary family planning, to include discussion of all

30  methods of contraception, as appropriate.

31  

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 1         (g)  Referral to the Special Supplemental Nutrition

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

 3         (36)  Any entity that provides Medicaid prepaid health

 4  plan services shall ensure the appropriate coordination of

 5  health care services with an assisted living facility in cases

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

 7  prepaid health plan and a resident of the assisted living

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

 9  management and behavioral health services, the entity shall

10  inform the assisted living facility of the procedures to

11  follow should an emergent condition arise.

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

13  necessary to provide for cost-effective purchasing of home

14  health services, private duty nursing services,

15  transportation, independent laboratory services, and durable

16  medical equipment and supplies through competitive bidding

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

18  waivers from the federal Health Care Financing Administration

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

20  exclude providers not selected through the bidding process

21  from the Medicaid provider network.

22         (38)  The Agency for Health Care Administration is

23  directed to issue a request for proposal or intent to

24  negotiate to implement on a demonstration basis an outpatient

25  specialty services pilot project in a rural and urban county

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

27  "outpatient specialty services" means clinical laboratory,

28  diagnostic imaging, and specified home medical services to

29  include durable medical equipment, prosthetics and orthotics,

30  and infusion therapy.

31  

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

 2  Medicaid managed care outpatient specialty services must, at a

 3  minimum, meet the following criteria:

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

 5  Insurance Regulation under part II of chapter 641.

 6         2.  The entity must be experienced in providing

 7  outpatient specialty services.

 8         3.  The entity must demonstrate to the satisfaction of

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

10  patients.

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

12  complaints and grievance process to assist Medicaid recipients

13  enrolled in the pilot managed care program to resolve

14  complaints and grievances.

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

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

17  be to determine the cost-effectiveness and effects on

18  utilization, access, and quality of providing outpatient

19  specialty services to Medicaid recipients on a prepaid,

20  capitated basis.

21         (c)  The agency shall conduct a quality assurance

22  review of the prepaid health clinic each year that the

23  demonstration program is in effect. The prepaid health clinic

24  is responsible for all expenses incurred by the agency in

25  conducting a quality assurance review.

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

27  outpatient specialty services to Medicaid recipients shall

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

29  the agency, for the purpose of conducting the evaluation

30  required in paragraph (e).

31  

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

 2  pilot managed care program and report its findings to the

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

 4         (39)  The agency shall enter into agreements with

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

 6  purpose of providing vision screening.

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

 8  prescribed-drug spending-control program that includes the

 9  following components:

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

11  drugs for adult Medicaid recipients is limited to the

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

13  Children are exempt from this restriction. Antiretroviral

14  agents are excluded from this limitation. No requirements for

15  prior authorization or other restrictions on medications used

16  to treat mental illnesses such as schizophrenia, severe

17  depression, or bipolar disorder may be imposed on Medicaid

18  recipients. Medications that will be available without

19  restriction for persons with mental illnesses include atypical

20  antipsychotic medications, conventional antipsychotic

21  medications, selective serotonin reuptake inhibitors, and

22  other medications used for the treatment of serious mental

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

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

25  agency shall continue to provide unlimited generic drugs,

26  contraceptive drugs and items, and diabetic supplies. Although

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

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

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

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

31  exceptions are based on prior consultation provided by the

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

 2  procedures to ensure that:

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

 4  consultation by telephone or other telecommunication device

 5  within 24 hours after receipt of a request for prior

 6  consultation;

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

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

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

10  and

11         c.  Except for the exception for nursing home residents

12  and other institutionalized adults and except for drugs on the

13  restricted formulary for which prior authorization may be

14  sought by an institutional or community pharmacy, prior

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

16  restriction is sought by the prescriber and not by the

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

18  an institutional setting beyond the brand-name-drug

19  restriction, such approval is authorized for 12 months and

20  monthly prior authorization is not required for that patient.

21         2.  Reimbursement to pharmacies for Medicaid prescribed

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

23  percent.

24         3.  The agency shall develop and implement a process

25  for managing the drug therapies of Medicaid recipients who are

26  using significant numbers of prescribed drugs each month. The

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

28  comprehensive, physician-directed medical-record reviews,

29  claims analyses, and case evaluations to determine the medical

30  necessity and appropriateness of a patient's treatment plan

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

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

 2  Medicaid drug benefit management program shall include

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

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

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

 6  agency shall enroll any Medicaid recipient in the drug benefit

 7  management program if he or she meets the specifications of

 8  this provision and is not enrolled in a Medicaid health

 9  maintenance organization.

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

11  network based on need, competitive bidding, price

12  negotiations, credentialing, or similar criteria. The agency

13  shall give special consideration to rural areas in determining

14  the size and location of pharmacies included in the Medicaid

15  pharmacy network. A pharmacy credentialing process may include

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

17  size, patient educational programs, patient consultation,

18  disease-management services, and other characteristics. The

19  agency may impose a moratorium on Medicaid pharmacy enrollment

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

21  Medicaid-participating providers.

22         5.  The agency shall develop and implement a program

23  that requires Medicaid practitioners who prescribe drugs to

24  use a counterfeit-proof prescription pad for Medicaid

25  prescriptions. The agency shall require the use of

26  standardized counterfeit-proof prescription pads by

27  Medicaid-participating prescribers or prescribers who write

28  prescriptions for Medicaid recipients. The agency may

29  implement the program in targeted geographic areas or

30  statewide.

31  

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 1         6.  The agency may enter into arrangements that require

 2  manufacturers of generic drugs prescribed to Medicaid

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

 4  average manufacturer price for the manufacturer's generic

 5  products. These arrangements shall require that if a

 6  generic-drug manufacturer pays federal rebates for

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

 8  manufacturer must provide a supplemental rebate to the state

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

10         7.  The agency may establish a preferred drug formulary

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

12  establishment of such formulary, it is authorized to negotiate

13  supplemental rebates from manufacturers that are in addition

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

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

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

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

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

19  supplemental rebates the agency may negotiate. The agency may

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

21  competitive at lower rebate percentages. Agreement to pay the

22  minimum supplemental rebate percentage will guarantee a

23  manufacturer that the Medicaid Pharmaceutical and Therapeutics

24  Committee will consider a product for inclusion on the

25  preferred drug formulary. However, a pharmaceutical

26  manufacturer is not guaranteed placement on the formulary by

27  simply paying the minimum supplemental rebate. Agency

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

29  recommendations of the Medicaid Pharmaceutical and

30  Therapeutics Committee, as well as the price of competing

31  products minus federal and state rebates. The agency is

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 1  authorized to contract with an outside agency or contractor to

 2  conduct negotiations for supplemental rebates. For the

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

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

 5  program benefits that offset a Medicaid expenditure. Such

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

 7  disease management programs, drug product donation programs,

 8  drug utilization control programs, prescriber and beneficiary

 9  counseling and education, fraud and abuse initiatives, and

10  other services or administrative investments with guaranteed

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

12  reduction is included in the General Appropriations Act. The

13  agency is authorized to seek any federal waivers to implement

14  this initiative.

15         8.  The agency shall establish an advisory committee

16  for the purposes of studying the feasibility of using a

17  restricted drug formulary for nursing home residents and other

18  institutionalized adults. The committee shall be comprised of

19  seven members appointed by the Secretary of Health Care

20  Administration. The committee members shall include two

21  physicians licensed under chapter 458 or chapter 459; three

22  pharmacists licensed under chapter 465 and appointed from a

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

24  Pharmacy Alliance; and two pharmacists licensed under chapter

25  465.

26         9.  The Agency for Health Care Administration shall

27  expand home delivery of pharmacy products. To assist Medicaid

28  patients in securing their prescriptions and reduce program

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

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

31  drugs used by Medicaid patients with diabetes. Medicaid

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 1  recipients in the current program may obtain nondiabetes drugs

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

 3  geographic area covered by the current contract. The agency

 4  may seek and implement any federal waivers necessary to

 5  implement this subparagraph.

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

 7  extent that funds are appropriated to administer the Medicaid

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

 9  contract all or any part of this program to private

10  organizations.

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

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

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

14  limited to, the progress made in implementing this subsection

15  and its effect on Medicaid prescribed-drug expenditures.

16         (41)  Notwithstanding the provisions of chapter 287,

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

18  contracts for fiscal intermediary services one or more times

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

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

21  the term of the original contract.

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

23  demonstration project by establishment in Miami-Dade County of

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

25  improve access to health care for a predominantly minority,

26  medically underserved, and medically complex population and to

27  evaluate alternatives to nursing home care and general acute

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

29  health care condominium and colocated with licensed facilities

30  providing a continuum of care.  The establishment of this

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

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 1  408.039.  The agency shall report its findings to the

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

 3  House of Representatives by January 1, 2003.

 4         (43)  The agency shall develop and implement a

 5  utilization management program for Medicaid-eligible

 6  recipients for the management of occupational, physical,

 7  respiratory, and speech therapies. The agency shall establish

 8  a utilization program that may require prior authorization in

 9  order to ensure medically necessary and cost-effective

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

11  federally approved waiver program or state plan amendment. The

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

13  implement this program. The agency may also competitively

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

15  statewide basis.

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

17  basis with appropriately licensed prepaid dental health plans

18  to provide dental services.

19         (45)  The agency shall mandate a recipient's

20  participation in a provider lock-in program, subject to the

21  availability of funds, if a recipient is found to have

22  committed fraud or abuse, limiting the receipt of goods or

23  services to a single specified provider after the 21-day

24  appeal process has ended for a period of not less than 1 year.

25  If the Medicaid recipient in a lock-in program is found to

26  have committed fraud or abuse in the Medicaid program on a

27  second occasion, the Medicaid recipient shall remain in the

28  lock-in program for the duration of his or her participation

29  in the Medicaid program. The lock-in programs shall include,

30  but are not limited to, pharmacies, medical doctors, and

31  infusion clinics. The limitation does not apply to emergency

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 1  services and care provided to the recipient in a hospital

 2  emergency department. The agency shall seek any federal

 3  waivers necessary to implement this subsection.

 4         (46)  The agency shall seek a federal waiver for

 5  permission to terminate the eligibility of a Medicaid

 6  recipient who has been found to have committed fraud, through

 7  judicial or administrative proceedings, for a third time in a

 8  period of less than 36 months.

 9         (47)  The agency shall conduct a study of available

10  electronic systems for the purpose of verifying the identity

11  and eligibility of a Medicaid recipient. The agency shall

12  recommend to the Legislature a plan to implement an electronic

13  verification system for Medicaid recipients by January 31,

14  2005.

15         (48)  A provider is not entitled to enrollment in the

16  Medicaid provider network. The agency may implement a Medicaid

17  fee for service provider network controls, including, but not

18  limited to, competitive procurement and provider

19  credentialing. If a credentialing process is used, the agency

20  may limit its provider network based upon the following

21  considerations: beneficiary access to care, provider

22  availability, provider quality standards and quality assurance

23  processes, cultural competency, demographic characteristics of

24  beneficiaries, practice standards, service wait times,

25  provider turnover, provider licensure and accreditation

26  history, program integrity history, peer review, Medicaid

27  policy and billing compliance records, clinical and medical

28  record audit findings, and such other areas that are

29  considered necessary by the agency to ensure the integrity of

30  the program.

31  

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 1         Section 6.  Section 409.913, Florida Statutes, is

 2  amended to read:

 3         409.913  Oversight of the integrity of the Medicaid

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

 5  activities of Florida Medicaid recipients, and providers and

 6  their representatives, to ensure that fraudulent and abusive

 7  behavior and neglect of recipients occur to the minimum extent

 8  possible, and to recover overpayments and impose sanctions as

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

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

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

12  the Legislature documenting the effectiveness of the state's

13  efforts to control Medicaid fraud and abuse and to recover

14  Medicaid overpayments during the previous fiscal year. The

15  report must describe the number of cases opened and

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

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

18  overpayments alleged in preliminary and final audit letters;

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

20  reductions in overpayment amounts negotiated in settlement

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

22  determinations of overpayments; the amount deducted from

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

24  overpayments recovered each year; the amount of cost of

25  investigation recovered each year; the average length of time

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

27  overpayment is paid in full; the amount determined as

28  uncollectible and the portion of the uncollectible amount

29  subsequently reclaimed from the Federal Government; the number

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

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

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 1  all costs associated with discovering and prosecuting cases of

 2  Medicaid overpayments and making recoveries in such cases. The

 3  report must also document actions taken to prevent

 4  overpayments and the number of providers prevented from

 5  enrolling in or reenrolling in the Medicaid program as a

 6  result of documented Medicaid fraud and abuse and must

 7  recommend changes necessary to prevent or recover

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

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

10  is available to it.

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

12         (a)  "Abuse" means:

13         1.  Provider practices that are inconsistent with

14  generally accepted business or medical practices and that

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

16  reimbursement for goods or services that are not medically

17  necessary or that fail to meet professionally recognized

18  standards for health care.

19         2.  Recipient practices that result in unnecessary cost

20  to the Medicaid program.

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

22  or an overpayment has occurred.

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

24  misrepresentation made by a person with the knowledge that the

25  deception results in unauthorized benefit to herself or

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

27  constitutes fraud under applicable federal or state law.

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

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

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

31  alleviate, or preclude deterioration of a condition that

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

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

 3  accordance with generally accepted standards of medical

 4  practice. For purposes of determining Medicaid reimbursement,

 5  the agency is the final arbiter of medical necessity.

 6  Determinations of medical necessity must be made by a licensed

 7  physician employed by or under contract with the agency and

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

 9  or services are provided.

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

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

12  a result of inaccurate or improper cost reporting, improper

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

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

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

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

17  or is a provider of health care.

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

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

20  audits, or any combination thereof, to determine possible

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

22  Medicaid program and shall report the findings of any

23  overpayments in audit reports as appropriate.

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

25  prepayment review of provider claims to ensure cost-effective

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

27  agency is in accordance with applicable provisions of all

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

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

30  that appropriate provision of care is rendered to Medicaid

31  recipients.  Such prepayment reviews may be conducted as

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 1  determined appropriate by the agency, without any suspicion or

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

 3  1 year. Unless the agency has reliable evidence of fraud,

 4  misrepresentation, abuse, or neglect, claims shall be

 5  adjudicated for denial or payment within 90 days after the

 6  date complete documentation is received by the agency for

 7  review. If there is reliable evidence of fraud,

 8  misrepresentation, abuse, or neglect, claims shall be

 9  adjudicated for denial or payment within 180 days after the

10  date complete documentation is received by the agency for

11  review.

12         (4)  Any suspected criminal violation identified by the

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

14  the Office of the Attorney General for investigation. The

15  agency and the Attorney General shall enter into a memorandum

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

17  to, a protocol for regularly sharing information and

18  coordinating casework.  The protocol must establish a

19  procedure for the referral by the agency of cases involving

20  suspected Medicaid fraud to the Medicaid Fraud Control Unit

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

22  where investigation determines that administrative action by

23  the agency is appropriate. Offices of the Medicaid program

24  integrity program and the Medicaid Fraud Control Unit of the

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

26  collocated. The agency and the Department of Legal Affairs

27  shall periodically conduct joint training and other joint

28  activities designed to increase communication and coordination

29  in recovering overpayments.

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

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

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 1  an appropriate peer-review organization designated by the

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

 3  organization are admissible in any court or administrative

 4  proceeding as evidence of medical necessity or the lack

 5  thereof.

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

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

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

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

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

11  States Postal Service proof of mailing or certified or

12  registered mailing of such notice to the provider at the

13  address shown on the provider enrollment file constitutes

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

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

16  address designated by rule.

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

18  Medicaid program, a provider has an affirmative duty to

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

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

21  responsible for preparation and submission of the claim, and

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

23  goods and services that:

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

25  the provider prior to submitting the claim.

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

27  medically necessary.

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

29  the general public by the provider's peers.

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

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

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 1  copayments, coinsurance, or deductibles as are authorized by

 2  the agency.

 3         (e)  Are provided in accord with applicable provisions

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

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

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

 7  goods or services were provided, demonstrating the medical

 8  necessity for the goods or services rendered. Medicaid goods

 9  or services are excessive or not medically necessary unless

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

11  fully and properly documented in the recipient's medical

12  record.

13  

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

15  services that are not presented as required in this

16  subsection.

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

18  entity for any prescription for medications, medical supplies,

19  or medical services if the prescription was written by a

20  physician or other prescribing practitioner who is not

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

22         (a)  In instances involving bona fide emergency medical

23  conditions as determined by the agency;

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

25  a hospital emergency department, hospital inpatient, or

26  hospital outpatient setting;

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

28  non-Medicaid providers as determined by the agency;

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

30  specialists treating Medicaid recipients referred for

31  

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 1  treatment by a treating physician who is enrolled in the

 2  Medicaid program;

 3         (e)  To prescriptions written for dually eligible

 4  Medicare beneficiaries by an authorized Medicare provider who

 5  is not enrolled in the Medicaid program;

 6         (f)  To other physicians who are not enrolled in the

 7  Medicaid program but who provide a medically necessary service

 8  or prescription not otherwise reasonably available from a

 9  Medicaid-enrolled physician; or

10         (g)  In instances where the agency cannot practically

11  notify a pharmacy at the point of sale that a prescription

12  will be approved for processing under paragraphs (a)-(f).

13         (9)(8)  A Medicaid provider shall retain medical,

14  professional, financial, and business records pertaining to

15  services and goods furnished to a Medicaid recipient and

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

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

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

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

20  provided if patient treatment would be disrupted. The provider

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

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

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

24  obtain Medicaid-related records from a provider is neither

25  curtailed nor limited during a period of litigation between

26  the agency and the provider.

27         (10)(9)  Payments for the services of billing agents or

28  persons participating in the preparation of a Medicaid claim

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

30  the amount a provider receives from the Medicaid program.

31  

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 1         (11)(10)  The agency may deny payment or require

 2  repayment for inappropriate, medically unnecessary, or

 3  excessive goods or services from the person furnishing them,

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

 5  person causing them to be furnished.

 6         (12)(11)  The complaint and all information obtained

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

 8  authorized representative or agent of a provider, relating to

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

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

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

12  respect to the provider and requires repayment of any

13  overpayment, or imposes an administrative sanction;

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

15  criminal prosecution;

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

17  without merit; or

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

19  otherwise protected by law.

20         (13)(12)  The agency may terminate participation of a

21  Medicaid provider in the Medicaid program and may seek civil

22  remedies or impose other administrative sanctions against a

23  Medicaid provider, if the provider has been:

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

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

26  performance of management or administrative functions relating

27  to the delivery of health care goods or services;

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

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

30  provider's profession; or

31  

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

 2  neglected or physically abused a patient in connection with

 3  the delivery of health care goods or services.

 4         (14)(13)  If the provider has been suspended or

 5  terminated from participation in the Medicaid program or the

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

 7  agency must immediately suspend or terminate, as appropriate,

 8  the provider's participation in the Florida Medicaid program

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

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

11  provider in the Florida Medicaid program while such foreign

12  suspension or termination remains in effect.  This sanction is

13  in addition to all other remedies provided by law.

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

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

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

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

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

19  licensing agency of any state;

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

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

22  investigator, or other authorized employee or agent of the

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

24  Government;

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

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

27  found necessary to determine whether Medicaid payments are or

28  were due and the amounts thereof;

29         (d)  The provider has failed to maintain medical

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

31  

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 1  prior authorization is required, demonstrating the necessity

 2  and appropriateness of the goods or services rendered;

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

 4  of Medicaid provider publications that have been adopted by

 5  reference as rules in the Florida Administrative Code; with

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

 7  with provisions of the provider agreement between the agency

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

 9  or on transmittal forms for electronically submitted claims

10  that are submitted by the provider or authorized

11  representative, as such provisions apply to the Medicaid

12  program;

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

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

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

16  inappropriate, unnecessary, excessive, or harmful to the

17  recipient or are of inferior quality;

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

19  to provide goods or services that are medically necessary;

20         (h)  The provider or an authorized representative of

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

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

23  a pattern of erroneous Medicaid claims that have resulted in

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

25  provider was entitled under the Medicaid program;

26         (i)  The provider or an authorized representative of

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

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

29  Medicaid provider enrollment application, a request for prior

30  authorization for Medicaid services, a drug exception request,

31  

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 1  or a Medicaid cost report that contains materially false or

 2  incorrect information;

 3         (j)  The provider or an authorized representative of

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

 5  recipient's responsible party improperly for amounts that

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

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

 8         (k)  The provider or an authorized representative of

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

10  allowable under a Florida Title XIX reimbursement plan, after

11  the provider or authorized representative had been advised in

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

13  not allowable;

14         (l)  The provider is charged by information or

15  indictment with fraudulent billing practices.  The sanction

16  applied for this reason is limited to suspension of the

17  provider's participation in the Medicaid program for the

18  duration of the indictment unless the provider is found guilty

19  pursuant to the information or indictment;

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

21  prescribed the goods or services is found liable for negligent

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

23  patient;

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

25  available during a specific audit or review period sufficient

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

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

28  program;

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

30  and reporting requirements of s. 409.907;

31  

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 1         (p)  The agency has received reliable information of

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

 3  409.920; or

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

 5  agreed-upon repayment schedule.

 6         (16)(15)  The agency shall impose any of the following

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

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

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

10  more than 1 year. Suspension shall preclude participation in

11  the Medicaid program, which includes any action that results

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

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

14  a person to furnish goods or services.

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

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

17  participation in the Medicaid program, which includes any

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

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

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

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

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

23  as refusing to furnish Medicaid-related records or refusing

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

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

26  improper billing of a Medicaid recipient; each instance of

27  including an unallowable cost on a hospital or nursing home

28  Medicaid cost report after the provider or authorized

29  representative has been advised in an audit exit conference or

30  previous audit report of the cost unallowability; each

31  instance of furnishing a Medicaid recipient goods or

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 1  professional services that are inappropriate or of inferior

 2  quality as determined by competent peer judgment; each

 3  instance of knowingly submitting a materially false or

 4  erroneous Medicaid provider enrollment application, request

 5  for prior authorization for Medicaid services, drug exception

 6  request, or cost report; each instance of inappropriate

 7  prescribing of drugs for a Medicaid recipient as determined by

 8  competent peer judgment; and each false or erroneous Medicaid

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

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

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

12  information of patient abuse or neglect or of any act

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

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

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

16  paragraph (15)(i) (14)(i).

17         (f)  Imposition of liens against provider assets,

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

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

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

21  are due or recoverable.

22         (g)  Prepayment reviews of claims for a specified

23  period of time.

24         (h)  Comprehensive followup reviews of providers every

25  6 months to ensure that they are billing Medicaid correctly.

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

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

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

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

30  recovery of a fine or overpayment.

31  

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 1  The Secretary of Health Care Administration may make a

 2  determination that imposition of a sanction or disincentive is

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

 4  case a sanction or disincentive shall not be imposed.

 5         (17)(16)  In determining the appropriate administrative

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

 7  termination, the agency shall consider:

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

 9  violations.

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

11  relating to the delivery of health care programs which

12  resulted in either a criminal conviction or in administrative

13  sanction or penalty.

14         (c)  Evidence of continued violation within the

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

16  regulations, or policies after written notification to the

17  provider of improper practice or instance of violation.

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

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

20  provider.

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

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

23  operated.

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

25  Medicaid services if the provider is suspended or terminated,

26  in the best judgment of the agency.

27  

28  The agency shall document the basis for all sanctioning

29  actions and recommendations.

30         (18)(17)  The agency may take action to sanction,

31  suspend, or terminate a particular provider working for a

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 1  group provider, and may suspend or terminate Medicaid

 2  participation at a specific location, rather than or in

 3  addition to taking action against an entire group.

 4         (19)(18)  The agency shall establish a process for

 5  conducting followup reviews of a sampling of providers who

 6  have a history of overpayment under the Medicaid program.

 7  This process must consider the magnitude of previous fraud or

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

 9  Medicaid costs.

10         (20)(19)  In making a determination of overpayment to a

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

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

13  or combinations thereof. Appropriate statistical methods may

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

15  population, parametric and nonparametric statistics, tests of

16  hypotheses, and other generally accepted statistical methods.

17  Appropriate analytical methods may include, but are not

18  limited to, reviews to determine variances between the

19  quantities of products that a provider had on hand and

20  available to be purveyed to Medicaid recipients during the

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

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

23  appropriate consideration sales of the same products to

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

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

26  agency may introduce the results of such statistical methods

27  as evidence of overpayment.

28         (21)(20)  When making a determination that an

29  overpayment has occurred, the agency shall prepare and issue

30  an audit report to the provider showing the calculation of

31  overpayments.

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 1         (22)(21)  The audit report, supported by agency work

 2  papers, showing an overpayment to a provider constitutes

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

 4  elicit testimony, either on direct examination or

 5  cross-examination in any court or administrative proceeding,

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

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

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

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

10  documented by written invoices, written inventory records, or

11  other competent written documentary evidence maintained in the

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

13  applicable rules of discovery, all documentation that will be

14  offered as evidence at an administrative hearing on a Medicaid

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

16  before the administrative hearing or must be excluded from

17  consideration.

18         (23)(22)(a)  In an audit or investigation of a

19  violation committed by a provider which is conducted pursuant

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

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

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

23  the agency ultimately prevailed.

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

25  costs, which include salaries and employee benefits and

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

27  recovered must be reasonable in relation to the seriousness of

28  the violation and must be set taking into consideration the

29  financial resources, earning ability, and needs of the

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

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

 2  determined by the agency if the agency determines that an

 3  extreme hardship would result to the provider from immediate

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

 5  collected by any means authorized by law.

 6         (24)(23)  If the agency imposes an administrative

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

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

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

10  another state entity, the agency shall notify that other

11  entity of the imposition of the sanction.  Such notification

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

13  number and the specific reasons for sanction.

14         (25)(24)(a)  The agency may withhold Medicaid payments,

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

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

17  withholding of payments involve fraud, willful

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

19  crime committed while rendering goods or services to Medicaid

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

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

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

23  provider within 14 days after such determination with interest

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

25  accordance with this paragraph shall be placed in a suspended

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

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

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

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

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

31  

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 1  terminated from the Medicaid program or Medicare program by

 2  the Federal Government or any state.

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

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

 5  determination of the overpayment by the agency, and payment

 6  arrangements must be made at the conclusion of legal

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

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

 9  agency for nonpayment or partial payment.

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

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

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

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

14  notifying any fiscal intermediary of Medicare benefits that

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

16  such written notification, the Medicare fiscal intermediary

17  shall remit to the state the sum claimed.

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

19  Medicaid providers the opportunity to voluntarily repay

20  overpayments. The agency may adopt rules to administer such

21  programs.

22         (26)(25)  The agency may impose administrative

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

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

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

26  that a recipient has engaged in solicitation in violation of

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

28  Medicaid program.

29         (27)(26)  When the Agency for Health Care

30  Administration has made a probable cause determination and

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 1  alleged that an overpayment to a Medicaid provider has

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

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

 4  pendency of an administrative hearing pursuant to chapter 120,

 5  any medical assistance reimbursement payments until such time

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

 7  receiving notice thereof the provider:

 8         1.  Makes repayment in full; or

 9         2.  Establishes a repayment plan that is satisfactory

10  to the Agency for Health Care Administration.

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

12  pendency of an administrative hearing pursuant to chapter 120,

13  medical assistance reimbursement payments if the terms of a

14  repayment plan are not adhered to by the provider.

15         (28)(27)  Venue for all Medicaid program integrity

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

17  of the agency.

18         (29)(28)  Notwithstanding other provisions of law, the

19  agency and the Medicaid Fraud Control Unit of the Department

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

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

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

23  goods or services billed to Medicaid with against quantities

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

25         (30)(29)  The agency may terminate a provider's

26  participation in the Medicaid program if the provider fails to

27  reimburse an overpayment that has been determined by final

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

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

30  have entered into a repayment agreement.

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 1         (31)(30)  If a provider requests an administrative

 2  hearing pursuant to chapter 120, such hearing must be

 3  conducted within 90 days following assignment of an

 4  administrative law judge, absent exceptionally good cause

 5  shown as determined by the administrative law judge or hearing

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

 7  balance of the amount determined to constitute the overpayment

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

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

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

11  settlement agreement, the agency may withhold medical

12  assistance reimbursement payments until the amount due is paid

13  in full.

14         (32)(31)  Duly authorized agents and employees of the

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

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

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

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

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

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

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

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

23  must identify the provider whose records will be inspected,

24  and the inspection shall include only records specifically

25  related to that provider.

26         (33)  In accordance with federal law, Medicaid

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

28  may be limited, restricted, or suspended from Medicaid

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

30  by the agency head or designee.

31  

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

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

 3  III refill prescription claims submitted from a pharmacy

 4  provider. The agency shall limit the allowable amount of

 5  reimbursement of prescription refill claims for Schedule II

 6  and Schedule III pharmaceuticals if the agency or the Medicaid

 7  Fraud Control Unit determines that the specific prescription

 8  refill was not requested by the Medicaid recipient or

 9  authorized representative for whom the refill claim is

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

11  provider or physician. Any such refill request must be

12  consistent with the original prescription.

13         (35)  The Office of Program Policy Analysis and

14  Government Accountability shall provide a report to the

15  President of the Senate and the Speaker of the House of

16  Representatives on a biennial basis, beginning January 31,

17  2006, on the agency's efforts to prevent, detect, and deter,

18  as well as recover funds lost to, fraud and abuse in the

19  Medicaid program.

20         Section 7.  Paragraph (d) of subsection (2) and

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

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

23  section, to read:

24         409.9131  Special provisions relating to integrity of

25  the Medicaid program.--

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

27  term:

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

29  professional practices of a Medicaid physician provider by a

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

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

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 1  compared to that customarily furnished by the physician's

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

 3  involving determination of medical necessity, to determine

 4  whether the documentation in the physician's records is

 5  adequate.

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

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

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

 9  when the agency's preliminary analysis indicates that an

10  evaluation of the medical necessity, appropriateness, and

11  quality of care needs to be undertaken to determine a

12  potential overpayment, and before any formal proceedings are

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

14  409.913.

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

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

17  addition to any other certification, the following statement

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

19  administrator or chief financial officer on such cost report:

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

21         regulations regarding the provision of health

22         care services under the Florida Medicaid

23         program, including the laws and regulations

24         relating to claims for Medicaid reimbursements

25         and payments, and that the services identified

26         in this cost report were provided in compliance

27         with such laws and regulations."

28         Section 8.  Section 409.920, Florida Statutes, is

29  amended to read:

30         409.920  Medicaid provider fraud.--

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

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

 2  Administration.

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

 4  corporation, partnership, organization, or other legal entity

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

 6  adjudicate claims under the Medicaid program.

 7         (c)  "Item or service" includes:

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

 9  service claimed to have been provided to a recipient and

10  listed in an itemized claim for payment; or

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

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

13  supporting such claim.

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

15  voluntarily and intentionally and not because of mistake or

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

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

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

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

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

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

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

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

24  the intended result.

25         (2)  It is unlawful to:

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

27  in the making of any false statement or false representation

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

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

30  

31  

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

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

 3  authorized to be reimbursed by the Medicaid program.

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

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

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

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

 8  recipient under the Medicaid program or knowingly fail to

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

10  from a third-party source.

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

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

13  commission or omission, in any document containing items of

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

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

16  service provided by a provider.

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

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

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

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

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

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

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

24  purchasing, leasing, ordering, or arranging for or

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

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

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

28         (f)  Knowingly submit false or misleading information

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

30  accepted as a Medicaid provider.

31  

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

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

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

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

 5  not authorized to be reimbursed by the Medicaid program.

 6  

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

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

 9  775.083, or s. 775.084.

10         (3)  The repayment of Medicaid payments wrongfully

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

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

13  ground for dismissal of, criminal charges brought under this

14  section.

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

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

17  benefits under the Medicaid program, regardless of whether

18  reimbursement is ever actually made by the program.

19         (5)(4)  All records in the custody of the agency or its

20  fiscal agent which relate to Medicaid provider fraud are

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

22         (6)(5)  Proof that a claim was submitted to the agency

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

24  false representation of a material fact, by commission or

25  omission, unless satisfactorily explained, gives rise to an

26  inference that the person whose signature appears as the

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

28  signature appears on an agency electronic claim submission

29  agreement submitted for claims made to the fiscal agent by

30  electronic means, had knowledge of the false statement or

31  false representation.  This subsection applies whether the

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 1  signature appears on the claim form or the electronic claim

 2  submission agreement by means of handwriting, typewriting,

 3  facsimile signature stamp, computer impulse, initials, or

 4  otherwise.

 5         (7)(6)  Proof of submission to the agency or its fiscal

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

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

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

 9  payment and which document contains a false statement or a

10  false representation of a material fact, by commission or

11  omission, unless satisfactorily explained, gives rise to the

12  inference that the person who signed the certification of the

13  document had knowledge of the false statement or

14  representation.  This subsection applies whether the signature

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

16  facsimile signature stamp, electronic transmission, initials,

17  or otherwise.

18         (8)(7)  The Attorney General shall conduct a statewide

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

20  the Attorney General shall:

21         (a)  Investigate the possible criminal violation of any

22  applicable state law pertaining to fraud in the administration

23  of the Medicaid program, in the provision of medical

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

25  under the Medicaid program.

26         (b)  Investigate the alleged abuse or neglect of

27  patients in health care facilities receiving payments under

28  the Medicaid program, in coordination with the agency.

29         (c)  Investigate the alleged misappropriation of

30  patients' private funds in health care facilities receiving

31  payments under the Medicaid program.

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

 2  the appropriate state attorney all violations indicating a

 3  substantial potential for criminal prosecution.

 4         (e)  Refer to the agency all suspected abusive

 5  activities not of a criminal or fraudulent nature.

 6         (f)  Safeguard the privacy rights of all individuals

 7  and provide safeguards to prevent the use of patient medical

 8  records for any reason beyond the scope of a specific

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

10  patient's written consent.

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

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

13  Florida False Claims Act and the potential for the persons

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

15  obtain a monetary award.

16         (9)(8)  In carrying out the duties and responsibilities

17  under this section, the Attorney General may:

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

19  provider, excluding a physician, participating in the Medicaid

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

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

22  the Medicaid program, to investigate alleged abuse or neglect

23  of patients, or to investigate alleged misappropriation of

24  patients' private funds. A participating physician is required

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

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

27  the Medicaid program, alleged abuse or neglect of patients, or

28  alleged misappropriation of patients' private funds. The

29  accounts or records of a non-Medicaid patient may not be

30  reviewed by, or turned over to, the Attorney General without

31  the patient's written consent.

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 1         (b)  Subpoena witnesses or materials, including medical

 2  records relating to Medicaid recipients, within or outside the

 3  state and, through any duly designated employee, administer

 4  oaths and affirmations and collect evidence for possible use

 5  in either civil or criminal judicial proceedings.

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

 7  attorney or law enforcement agency in the investigation and

 8  prosecution of any violation of this section.

 9         (d)  Seek any civil remedy provided by law, including,

10  but not limited to, the remedies provided in ss. 68.081-68.092

11  and 812.035 and this chapter.

12         (e)  Refer to the agency for collection each instance

13  of overpayment to a provider of health care under the Medicaid

14  program which is discovered during the course of an

15  investigation.

16         Section 9.  Section 409.9201, Florida Statutes, is

17  created to read:

18         409.9201  Medicaid fraud.--

19         (1)  As used in this section, the term:

20         (a)  "Legend drug" means any drug, including, but not

21  limited to, finished dosage forms or active ingredients that

22  are subject to, defined by, or described by s. 503(b) of the

23  Federal Food, Drug, and Cosmetic Act or by s. 465.003(8), s.

24  499.007(12), or s. 499.0122(1)(b) or (c).

25         (b)  "Value" means the amount billed to the Medicaid

26  program for the property dispensed or the market value of a

27  legend drug or goods or services at the time and place of the

28  offense. If the market value cannot be determined, the term

29  means the replacement cost of the legend drug or goods or

30  services within a reasonable time after the offense.

31  

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 1         (2)  Any person who knowingly sells, who knowingly

 2  attempts or conspires to sell, or who knowingly causes any

 3  other person to sell or attempt or conspire to sell a legend

 4  drug that was paid for by the Medicaid program commits a

 5  felony.

 6         (a)  If the value of the legend drug involved is less

 7  than $20,000, the crime is a felony of the third degree,

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

 9  775.084.

10         (b)  If the value of the legend drug involved is

11  $20,000 or more but less than $100,000, the crime is a felony

12  of the second degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         (c)  If the value of the legend drug involved is

15  $100,000 or more, the crime is a felony of the first degree,

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

17  775.084.

18         (3)  Any person who knowingly purchases, or who

19  knowingly attempts or conspires to purchase, a legend drug

20  that was paid for by the Medicaid program and intended for use

21  by another person commits a felony.

22         (a)  If the value of the legend drug is less than

23  $20,000, the crime is a felony of the third degree, punishable

24  as provided in s. 775.082, s. 775.083, or s. 775.084.

25         (b)  If the value of the legend drug is $20,000 or more

26  but less than $100,000, the crime is a felony of the second

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

28  s. 775.084.

29         (c)  If the value of the legend drug is $100,000 or

30  more, the crime is a felony of the first degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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 1         (4)  Any person who knowingly makes or knowingly causes

 2  to be made, or who attempts or conspires to make, any false

 3  statement or representation to any person for the purpose of

 4  obtaining goods or services from the Medicaid program commits

 5  a felony.

 6         (a)  If the value of the goods or services is less than

 7  $20,000, the crime is a felony of the third degree, punishable

 8  as provided in s. 775.082, s. 775.083, or s. 775.084.

 9         (b)  If the value of the goods or services is $20,000

10  or more but less than $100,000, the crime is a felony of the

11  second degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         (c)  If the value of the goods or services involved is

14  $100,000 or more, the crime is a felony of the first degree,

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

16  775.084.

17  

18  The value of individual items of the legend drugs or goods or

19  services involved in distinct transactions committed during a

20  single scheme or course of conduct, whether involving a single

21  person or several persons, may be aggregated when determining

22  the punishment for the offense.

23         Section 10.  Paragraph (ff) is added to subsection (1)

24  of section 456.072, Florida Statutes, to read:

25         456.072  Grounds for discipline; penalties;

26  enforcement.--

27         (1)  The following acts shall constitute grounds for

28  which the disciplinary actions specified in subsection (2) may

29  be taken:

30         (ff)  Engaging in a pattern of practice when

31  prescribing medicinal drugs or controlled substances which

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 1  demonstrates a lack of reasonable skill or safety to patients,

 2  a violation of any provision of this chapter, a violation of

 3  the applicable practice act, or a violation of any rules

 4  adopted pursuant to this chapter or the applicable practice

 5  act of the prescribing practitioner. Notwithstanding s.

 6  456.073(13), the department may initiate an investigation and

 7  establish such a pattern from billing records, data, or any

 8  other information obtained by the department.

 9         Section 11.  Subsection (1) of section 465.188, Florida

10  Statutes, is amended to read:

11         465.188  Medicaid audits of pharmacies.--

12         (1)  Notwithstanding any other law, when an audit of

13  the Medicaid-related records of a pharmacy licensed under

14  chapter 465 is conducted, such audit must be conducted as

15  provided in this section.

16         (a)  The agency conducting the audit must give the

17  pharmacist at least 1 week's prior notice of the initial audit

18  for each audit cycle.

19         (b)  An audit must be conducted by a pharmacist

20  licensed in this state.

21         (c)  Any clerical or recordkeeping error, such as a

22  typographical error, scrivener's error, or computer error

23  regarding a document or record required under the Medicaid

24  program does not constitute a willful violation and is not

25  subject to criminal penalties without proof of intent to

26  commit fraud.

27         (d)  A pharmacist may use the physician's record or

28  other order for drugs or medicinal supplies written or

29  transmitted by any means of communication for purposes of

30  validating the pharmacy record with respect to orders or

31  refills of a legend or narcotic drug.

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 1         (e)  A finding of an overpayment or underpayment must

 2  be based on the actual overpayment or underpayment and may not

 3  be a projection based on the number of patients served having

 4  a similar diagnosis or on the number of similar orders or

 5  refills for similar drugs.

 6         (f)  Each pharmacy shall be audited under the same

 7  standards and parameters.

 8         (g)  A pharmacist must be allowed at least 10 days in

 9  which to produce documentation to address any discrepancy

10  found during an audit.

11         (h)  The period covered by an audit may not exceed 1

12  calendar year.

13         (i)  An audit may not be scheduled during the first 5

14  days of any month due to the high volume of prescriptions

15  filled during that time.

16         (j)  The audit report must be delivered to the

17  pharmacist within 90 days after conclusion of the audit. A

18  final audit report shall be delivered to the pharmacist within

19  6 months after receipt of the preliminary audit report or

20  final appeal, as provided for in subsection (2), whichever is

21  later.

22         (k)  The audit criteria set forth in this section

23  applies only to audits of claims submitted for payment

24  subsequent to July 11, 2003.

25         Section 12.  Section 812.0191, Florida Statutes, is

26  created to read:

27         812.0191  Dealing in property paid for in whole or in

28  part by the Medicaid program.--

29         (1)  As used in this section, the term:

30         (a)  "Property paid for in whole or in part by the

31  Medicaid program" means any devices, goods, services, drugs,

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 1  or any other property furnished or intended to be furnished to

 2  a recipient of benefits under the Medicaid program.

 3         (b)  "Value" means the amount billed to Medicaid for

 4  the property dispensed or the market value of the devices,

 5  goods, services, or drugs at the time and place of the

 6  offense. If the market value cannot be determined, the term

 7  means the replacement cost of the devices, goods, services, or

 8  drugs within a reasonable time after the offense.

 9         (2)  Any person who traffics in, or endeavors to

10  traffic in, property that he or she knows or should have known

11  was paid for in whole or in part by the Medicaid program

12  commits a felony.

13         (a)  If the value of the property involved is less than

14  $20,000, the crime is a felony of the third degree, punishable

15  as provided in s. 775.082, s. 775.083, or s. 775.084.

16         (b)  If the value of the property involved is $20,000

17  or more but less than $100,000, the crime is a felony of the

18  second degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (c)  If the value of the property involved is $100,000

21  or more, the crime is a felony of the first degree, punishable

22  as provided in s. 775.082, s. 775.083, or s. 775.084.

23  

24  The value of individual items of the devices, goods, services,

25  drugs, or other property involved in distinct transactions

26  committed during a single scheme or course of conduct, whether

27  involving a single person or several persons, may be

28  aggregated when determining the punishment for the offense.

29         (3)  Any person who knowingly initiates, organizes,

30  plans, finances, directs, manages, or supervises the obtaining

31  of property paid for in whole or in part by the Medicaid

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 1  program and who traffics in, or endeavors to traffic in, such

 2  property commits a felony of the first degree, punishable as

 3  provided in s. 775.082, s. 775.083, or s. 775.084.

 4         Section 13.  Paragraph (a) of subsection (1) of section

 5  895.02, Florida Statutes, is amended to read:

 6         895.02  Definitions.--As used in ss. 895.01-895.08, the

 7  term:

 8         (1)  "Racketeering activity" means to commit, to

 9  attempt to commit, to conspire to commit, or to solicit,

10  coerce, or intimidate another person to commit:

11         (a)  Any crime which is chargeable by indictment or

12  information under the following provisions of the Florida

13  Statutes:

14         1.  Section 210.18, relating to evasion of payment of

15  cigarette taxes.

16         2.  Section 403.727(3)(b), relating to environmental

17  control.

18         3.  Section 414.39, relating to public assistance

19  fraud.

20         4.  Section 409.920 or s. 409.9201, relating to

21  Medicaid provider fraud.

22         5.  Section 440.105 or s. 440.106, relating to workers'

23  compensation.

24         6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

25  and 499.0691, relating to crimes involving contraband and

26  adulterated drugs.

27         7.  Part IV of chapter 501, relating to telemarketing.

28         8.  Chapter 517, relating to sale of securities and

29  investor protection.

30         9.  Section 550.235, s. 550.3551, or s. 550.3605,

31  relating to dogracing and horseracing.

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 1         10.  Chapter 550, relating to jai alai frontons.

 2         11.  Chapter 552, relating to the manufacture,

 3  distribution, and use of explosives.

 4         12.  Chapter 560, relating to money transmitters, if

 5  the violation is punishable as a felony.

 6         13.  Chapter 562, relating to beverage law enforcement.

 7         14.  Section 624.401, relating to transacting insurance

 8  without a certificate of authority, s. 624.437(4)(c)1.,

 9  relating to operating an unauthorized multiple-employer

10  welfare arrangement, or s. 626.902(1)(b), relating to

11  representing or aiding an unauthorized insurer.

12         15.  Section 655.50, relating to reports of currency

13  transactions, when such violation is punishable as a felony.

14         16.  Chapter 687, relating to interest and usurious

15  practices.

16         17.  Section 721.08, s. 721.09, or s. 721.13, relating

17  to real estate timeshare plans.

18         18.  Chapter 782, relating to homicide.

19         19.  Chapter 784, relating to assault and battery.

20         20.  Chapter 787, relating to kidnapping.

21         21.  Chapter 790, relating to weapons and firearms.

22         22.  Section 796.03, s. 796.04, s.  796.05, or s.

23  796.07, relating to prostitution.

24         23.  Chapter 806, relating to arson.

25         24.  Section 810.02(2)(c), relating to specified

26  burglary of a dwelling or structure.

27         25.  Chapter 812, relating to theft, robbery, and

28  related crimes.

29         26.  Chapter 815, relating to computer-related crimes.

30         27.  Chapter 817, relating to fraudulent practices,

31  false pretenses, fraud generally, and credit card crimes.

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 1         28.  Chapter 825, relating to abuse, neglect, or

 2  exploitation of an elderly person or disabled adult.

 3         29.  Section 827.071, relating to commercial sexual

 4  exploitation of children.

 5         30.  Chapter 831, relating to forgery and

 6  counterfeiting.

 7         31.  Chapter 832, relating to issuance of worthless

 8  checks and drafts.

 9         32.  Section 836.05, relating to extortion.

10         33.  Chapter 837, relating to perjury.

11         34.  Chapter 838, relating to bribery and misuse of

12  public office.

13         35.  Chapter 843, relating to obstruction of justice.

14         36.  Section 847.011, s. 847.012, s. 847.013, s.

15  847.06, or s. 847.07, relating to obscene literature and

16  profanity.

17         37.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

18  or s. 849.25, relating to gambling.

19         38.  Chapter 874, relating to criminal street gangs.

20         39.  Chapter 893, relating to drug abuse prevention and

21  control.

22         40.  Chapter 896, relating to offenses related to

23  financial transactions.

24         41.  Sections 914.22 and 914.23, relating to tampering

25  with a witness, victim, or informant, and retaliation against

26  a witness, victim, or informant.

27         42.  Sections 918.12 and 918.13, relating to tampering

28  with jurors and evidence.

29         Section 14.  Section 905.34, Florida Statutes, is

30  amended to read:

31  

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 1         905.34  Powers and duties; law applicable.--The

 2  jurisdiction of a statewide grand jury impaneled under this

 3  chapter shall extend throughout the state. The subject matter

 4  jurisdiction of the statewide grand jury shall be limited to

 5  the offenses of:

 6         (1)  Bribery, burglary, carjacking, home-invasion

 7  robbery, criminal usury, extortion, gambling, kidnapping,

 8  larceny, murder, prostitution, perjury, and robbery;

 9         (2)  Crimes involving narcotic or other dangerous

10  drugs;

11         (3)  Any violation of the provisions of the Florida

12  RICO (Racketeer Influenced and Corrupt Organization) Act,

13  including any offense listed in the definition of racketeering

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

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

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

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

18  prosecution of which listed offense may continue independently

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

20  for any reason;

21         (4)  Any violation of the provisions of the Florida

22  Anti-Fencing Act;

23         (5)  Any violation of the provisions of the Florida

24  Antitrust Act of 1980, as amended;

25         (6)  Any violation of the provisions of chapter 815;

26         (7)  Any crime involving, or resulting in, fraud or

27  deceit upon any person;

28         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

29  847.0138 relating to computer pornography and child

30  exploitation prevention, or any offense related to a violation

31  of s. 847.0135, s. 847.0137, or s. 847.0138; or

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 1         (9)  Any criminal violation of part I of chapter 499;

 2  or

 3         (10)  Any criminal violation of s. 409.920 or s.

 4  409.9201;

 5  

 6  or any attempt, solicitation, or conspiracy to commit any

 7  violation of the crimes specifically enumerated above, when

 8  any such offense is occurring, or has occurred, in two or more

 9  judicial circuits as part of a related transaction or when any

10  such offense is connected with an organized criminal

11  conspiracy affecting two or more judicial circuits.  The

12  statewide grand jury may return indictments and presentments

13  irrespective of the county or judicial circuit where the

14  offense is committed or triable.  If an indictment is

15  returned, it shall be certified and transferred for trial to

16  the county where the offense was committed.  The powers and

17  duties of, and law applicable to, county grand juries shall

18  apply to a statewide grand jury except when such powers,

19  duties, and law are inconsistent with the provisions of ss.

20  905.31-905.40.

21         Section 15.  Paragraph (a) of subsection (2) of section

22  932.701, Florida Statutes, is amended to read:

23         932.701  Short title; definitions.--

24         (2)  As used in the Florida Contraband Forfeiture Act:

25         (a)  "Contraband article" means:

26         1.  Any controlled substance as defined in chapter 893

27  or any substance, device, paraphernalia, or currency or other

28  means of exchange that was used, was attempted to be used, or

29  was intended to be used in violation of any provision of

30  chapter 893, if the totality of the facts presented by the

31  state is clearly sufficient to meet the state's burden of

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 1  establishing probable cause to believe that a nexus exists

 2  between the article seized and the narcotics activity, whether

 3  or not the use of the contraband article can be traced to a

 4  specific narcotics transaction.

 5         2.  Any gambling paraphernalia, lottery tickets, money,

 6  currency, or other means of exchange which was used, was

 7  attempted, or intended to be used in violation of the gambling

 8  laws of the state.

 9         3.  Any equipment, liquid or solid, which was being

10  used, is being used, was attempted to be used, or intended to

11  be used in violation of the beverage or tobacco laws of the

12  state.

13         4.  Any motor fuel upon which the motor fuel tax has

14  not been paid as required by law.

15         5.  Any personal property, including, but not limited

16  to, any vessel, aircraft, item, object, tool, substance,

17  device, weapon, machine, vehicle of any kind, money,

18  securities, books, records, research, negotiable instruments,

19  or currency, which was used or was attempted to be used as an

20  instrumentality in the commission of, or in aiding or abetting

21  in the commission of, any felony, whether or not comprising an

22  element of the felony, or which is acquired by proceeds

23  obtained as a result of a violation of the Florida Contraband

24  Forfeiture Act.

25         6.  Any real property, including any right, title,

26  leasehold, or other interest in the whole of any lot or tract

27  of land, which was used, is being used, or was attempted to be

28  used as an instrumentality in the commission of, or in aiding

29  or abetting in the commission of, any felony, or which is

30  acquired by proceeds obtained as a result of a violation of

31  the Florida Contraband Forfeiture Act.

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 1         7.  Any personal property, including, but not limited

 2  to, equipment, money, securities, books, records, research,

 3  negotiable instruments, currency, or any vessel, aircraft,

 4  item, object, tool, substance, device, weapon, machine, or

 5  vehicle of any kind in the possession of or belonging to any

 6  person who takes aquaculture products in violation of s.

 7  812.014(2)(c).

 8         8.  Any motor vehicle offered for sale in violation of

 9  s. 320.28.

10         9.  Any motor vehicle used during the course of

11  committing an offense in violation of s. 322.34(9)(a).

12         10.  Any real property, including any right, title,

13  leasehold, or other interest in the whole of any lot or tract

14  of land, which is acquired by proceeds obtained as a result of

15  Medicaid fraud under s. 409.920 or s. 409.9201; any personal

16  property, including, but not limited to, equipment, money,

17  securities, books, records, research, negotiable instruments,

18  or currency; or any vessel, aircraft, item, object, tool,

19  substance, device, weapon, machine, or vehicle of any kind in

20  the possession of or belonging to any person which is acquired

21  by proceeds obtained as a result of Medicaid fraud under s.

22  409.920 or s. 409.9201.

23         Section 16.  Paragraph (l) is added to subsection (5)

24  of section 932.7055, Florida Statutes, to read:

25         932.7055  Disposition of liens and forfeited

26  property.--

27         (5)  If the seizing agency is a state agency, all

28  remaining proceeds shall be deposited into the General Revenue

29  Fund.  However, if the seizing agency is:

30         (l)  The Medicaid Fraud Control Unit of the Department

31  of Legal Affairs, the proceeds accrued pursuant to the

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 1  provisions of the Florida Contraband Forfeiture Act shall be

 2  deposited into the Department of Legal Affairs Grants and

 3  Donations Trust Fund to be used for investigation and

 4  prosecution of Medicaid fraud, abuse, neglect, and other

 5  related cases by the Medicaid Fraud Control Unit.

 6         Section 17.  Paragraphs (a), (b), and (e) of subsection

 7  (4) of section 394.9082, Florida Statutes, are amended to

 8  read:

 9         394.9082  Behavioral health service delivery

10  strategies.--

11         (4)  CONTRACT FOR SERVICES.--

12         (a)  The Department of Children and Family Services and

13  the Agency for Health Care Administration may contract for the

14  provision or management of behavioral health services with a

15  managing entity in at least two geographic areas. Both the

16  Department of Children and Family Services and the Agency for

17  Health Care Administration must contract with the same

18  managing entity in any distinct geographic area where the

19  strategy operates. This managing entity shall be accountable

20  at a minimum for the delivery of behavioral health services

21  specified and funded by the department and the agency. The

22  geographic area must be of sufficient size in population and

23  have enough public funds for behavioral health services to

24  allow for flexibility and maximum efficiency. Notwithstanding

25  the provisions of s. 409.912(4)(3)(b)1. and 2., at least one

26  service delivery strategy must be in one of the service

27  districts in the catchment area of G. Pierce Wood Memorial

28  Hospital.

29         (b)  Under one of the service delivery strategies, the

30  Department of Children and Family Services may contract with a

31  prepaid mental health plan that operates under s. 409.912 to

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 1  be the managing entity. Under this strategy, the Department of

 2  Children and Family Services is not required to competitively

 3  procure those services and, notwithstanding other provisions

 4  of law, may employ prospective payment methodologies that the

 5  department finds are necessary to improve client care or

 6  institute more efficient practices. The Department of Children

 7  and Family Services may employ in its contract any provision

 8  of the current prepaid behavioral health care plan authorized

 9  under s. 409.912(4)(3)(a) and (b), or any other provision

10  necessary to improve quality, access, continuity, and price.

11  Any contracts under this strategy in Area 6 of the Agency for

12  Health Care Administration or in the prototype region under s.

13  20.19(7) of the Department of Children and Family Services may

14  be entered with the existing substance abuse treatment

15  provider network if an administrative services organization is

16  part of its network. In Area 6 of the Agency for Health Care

17  Administration or in the prototype region of the Department of

18  Children and Family Services, the Department of Children and

19  Family Services and the Agency for Health Care Administration

20  may employ alternative service delivery and financing

21  methodologies, which may include prospective payment for

22  certain population groups. The population groups that are to

23  be provided these substance abuse services would include at a

24  minimum: individuals and families receiving family safety

25  services; Medicaid-eligible children, adolescents, and adults

26  who are substance-abuse-impaired; or current recipients and

27  persons at risk of needing cash assistance under Florida's

28  welfare reform initiatives.

29         (e)  The cost of the managing entity contract shall be

30  funded through a combination of funds from the Department of

31  Children and Family Services and the Agency for Health Care

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 1  Administration. To operate the managing entity, the Department

 2  of Children and Family Services and the Agency for Health Care

 3  Administration may not expend more than 10 percent of the

 4  annual appropriations for mental health and substance abuse

 5  treatment services prorated to the geographic areas and must

 6  include all behavioral health Medicaid funds, including

 7  psychiatric inpatient funds. This restriction does not apply

 8  to a prepaid behavioral health plan that is authorized under

 9  s. 409.912(4)(3)(a) and (b).

10         Section 18.  Subsection (6) of section 400.0077,

11  Florida Statutes, is amended to read:

12         400.0077  Confidentiality.--

13         (6)  This section does not limit the subpoena power of

14  the Attorney General pursuant to s. 409.920(9)(8)(b).

15         Section 19.  Paragraph (a) of subsection (4) of section

16  409.9065, Florida Statutes, is amended to read:

17         409.9065  Pharmaceutical expense assistance.--

18         (4)  ADMINISTRATION.--The pharmaceutical expense

19  assistance program shall be administered by the agency, in

20  collaboration with the Department of Elderly Affairs and the

21  Department of Children and Family Services.

22         (a)  The agency shall, by rule, establish for the

23  pharmaceutical expense assistance program eligibility

24  requirements; limits on participation; benefit limitations,

25  including copayments; a requirement for generic drug

26  substitution; and other program parameters comparable to those

27  of the Medicaid program. Individuals eligible to participate

28  in this program are not subject to the limit of four brand

29  name drugs per month per recipient as specified in s.

30  409.912(40)(38)(a). There shall be no monetary limit on

31  prescription drugs purchased with discounts of less than 51

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 1  percent unless the agency determines there is a risk of a

 2  funding shortfall in the program. If the agency determines

 3  there is a risk of a funding shortfall, the agency may

 4  establish monetary limits on prescription drugs which shall

 5  not be less than $160 worth of prescription drugs per month.

 6         Section 20.  Subsection (1) of section 409.9071,

 7  Florida Statutes, is amended to read:

 8         409.9071  Medicaid provider agreements for school

 9  districts certifying state match.--

10         (1)  The agency shall submit a state plan amendment by

11  September 1, 1997, for the purpose of obtaining federal

12  authorization to reimburse school-based services as provided

13  in former s. 236.0812 pursuant to the rehabilitative services

14  option provided under 42 U.S.C. s. 1396d(a)(13). For purposes

15  of this section, billing agent consulting services shall be

16  considered billing agent services, as that term is used in s.

17  409.913(10)(9), and, as such, payments to such persons shall

18  not be based on amounts for which they bill nor based on the

19  amount a provider receives from the Medicaid program. This

20  provision shall not restrict privatization of Medicaid

21  school-based services. Subject to any limitations provided for

22  in the General Appropriations Act, the agency, in compliance

23  with appropriate federal authorization, shall develop policies

24  and procedures and shall allow for certification of state and

25  local education funds which have been provided for

26  school-based services as specified in s. 1011.70 and

27  authorized by a physician's order where required by federal

28  Medicaid law. Any state or local funds certified pursuant to

29  this section shall be for children with specified disabilities

30  who are eligible for both Medicaid and part B or part H of the

31  Individuals with Disabilities Education Act (IDEA), or the

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 1  exceptional student education program, or who have an

 2  individualized educational plan.

 3         Section 21.  Subsection (4) of section 409.908, Florida

 4  Statutes, is amended to read:

 5         409.908  Reimbursement of Medicaid providers.--Subject

 6  to specific appropriations, the agency shall reimburse

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

 8  according to methodologies set forth in the rules of the

 9  agency and in policy manuals and handbooks incorporated by

10  reference therein. These methodologies may include fee

11  schedules, reimbursement methods based on cost reporting,

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

13  and other mechanisms the agency considers efficient and

14  effective for purchasing services or goods on behalf of

15  recipients. If a provider is reimbursed based on cost

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

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

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

19  shall be retroactively calculated using the new cost report,

20  and full payment at the recalculated rate shall be affected

21  retroactively. Medicare-granted extensions for filing cost

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

23  reports. Payment for Medicaid compensable services made on

24  behalf of Medicaid eligible persons is subject to the

25  availability of moneys and any limitations or directions

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

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

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

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

30  making any other adjustments necessary to comply with the

31  availability of moneys and any limitations or directions

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 1  provided for in the General Appropriations Act, provided the

 2  adjustment is consistent with legislative intent.

 3         (4)  Subject to any limitations or directions provided

 4  for in the General Appropriations Act, alternative health

 5  plans, health maintenance organizations, and prepaid health

 6  plans shall be reimbursed a fixed, prepaid amount negotiated,

 7  or competitively bid pursuant to s. 287.057, by the agency and

 8  prospectively paid to the provider monthly for each Medicaid

 9  recipient enrolled. The amount may not exceed the average

10  amount the agency determines it would have paid, based on

11  claims experience, for recipients in the same or similar

12  category of eligibility. The agency shall calculate capitation

13  rates on a regional basis and, beginning September 1, 1995,

14  shall include age-band differentials in such calculations.

15  Effective July 1, 2001, the cost of exempting statutory

16  teaching hospitals, specialty hospitals, and community

17  hospital education program hospitals from reimbursement

18  ceilings and the cost of special Medicaid payments shall not

19  be included in premiums paid to health maintenance

20  organizations or prepaid health care plans. Each rate

21  semester, the agency shall calculate and publish a Medicaid

22  hospital rate schedule that does not reflect either special

23  Medicaid payments or the elimination of rate reimbursement

24  ceilings, to be used by hospitals and Medicaid health

25  maintenance organizations, in order to determine the Medicaid

26  rate referred to in ss. 409.912(19)(17), 409.9128(5), and

27  641.513(6).

28         Section 22.  Subsections (1) and (2) of section

29  409.91196, Florida Statutes, are amended to read:

30         409.91196  Supplemental rebate agreements;

31  confidentiality of records and meetings.--

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 1         (1)  Trade secrets, rebate amount, percent of rebate,

 2  manufacturer's pricing, and supplemental rebates which are

 3  contained in records of the Agency for Health Care

 4  Administration and its agents with respect to supplemental

 5  rebate negotiations and which are prepared pursuant to a

 6  supplemental rebate agreement under s. 409.912(40)(38)(a)7.

 7  are confidential and exempt from s. 119.07 and s. 24(a), Art.

 8  I of the State Constitution.

 9         (2)  Those portions of meetings of the Medicaid

10  Pharmaceutical and Therapeutics Committee at which trade

11  secrets, rebate amount, percent of rebate, manufacturer's

12  pricing, and supplemental rebates are disclosed for discussion

13  or negotiation of a supplemental rebate agreement under s.

14  409.912(40)(38)(a)7. are exempt from s. 286.011 and s. 24(b),

15  Art. I of the State Constitution.

16         Section 23.  Paragraph (f) of subsection (2) of section

17  409.9122, Florida Statutes, is amended to read:

18         409.9122  Mandatory Medicaid managed care enrollment;

19  programs and procedures.--

20         (2)

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

22  managed care plan or MediPass provider, the agency shall

23  assign the Medicaid recipient to a managed care plan or

24  MediPass provider. Medicaid recipients who are subject to

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

26  assigned to managed care plans until an enrollment of 40

27  percent in MediPass and 60 percent in managed care plans is

28  achieved. Once this enrollment is achieved, the assignments

29  shall be divided in order to maintain an enrollment in

30  MediPass and managed care plans which is in a 40 percent and

31  60 percent proportion, respectively. Thereafter, assignment of

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 1  Medicaid recipients who fail to make a choice shall be based

 2  proportionally on the preferences of recipients who have made

 3  a choice in the previous period. Such proportions shall be

 4  revised at least quarterly to reflect an update of the

 5  preferences of Medicaid recipients. The agency shall

 6  disproportionately assign Medicaid-eligible recipients who are

 7  required to but have failed to make a choice of managed care

 8  plan or MediPass, including children, and who are to be

 9  assigned to the MediPass program to children's networks as

10  described in s. 409.912(4)(3)(g), Children's Medical Services

11  network as defined in s. 391.021, exclusive provider

12  organizations, provider service networks, minority physician

13  networks, and pediatric emergency department diversion

14  programs authorized by this chapter or the General

15  Appropriations Act, in such manner as the agency deems

16  appropriate, until the agency has determined that the networks

17  and programs have sufficient numbers to be economically

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

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

20  maintenance organizations, exclusive provider organizations,

21  provider service networks, minority physician networks,

22  Children's Medical Services network, and pediatric emergency

23  department diversion programs authorized by this chapter or

24  the General Appropriations Act. When making assignments, the

25  agency shall take into account the following criteria:

26         1.  A managed care plan has sufficient network capacity

27  to meet the need of members.

28         2.  The managed care plan or MediPass has previously

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

30  plan's primary care providers or MediPass providers has

31  previously provided health care to the recipient.

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 1         3.  The agency has knowledge that the member has

 2  previously expressed a preference for a particular managed

 3  care plan or MediPass provider as indicated by Medicaid

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

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

 6  providers are geographically accessible to the recipient's

 7  residence.

 8         Section 24.  Subsection (3) of section 409.9131,

 9  Florida Statutes, is amended to read:

10         409.9131  Special provisions relating to integrity of

11  the Medicaid program.--

12         (3)  ONSITE RECORDS REVIEW.--As specified in s.

13  409.913(9)(8), the agency may investigate, review, or analyze

14  a physician's medical records concerning Medicaid patients.

15  The physician must make such records available to the agency

16  during normal business hours. The agency must provide notice

17  to the physician at least 24 hours before such visit. The

18  agency and physician shall make every effort to set a mutually

19  agreeable time for the agency's visit during normal business

20  hours and within the 24-hour period. If such a time cannot be

21  agreed upon, the agency may set the time.

22         Section 25.  Subsection (2) of section 430.608, Florida

23  Statutes, is amended to read:

24         430.608  Confidentiality of information.--

25         (2)  This section does not, however, limit the subpoena

26  authority of the Medicaid Fraud Control Unit of the Department

27  of Legal Affairs pursuant to s. 409.920(9)(8)(b).

28         Section 26.  Section 636.0145, Florida Statutes, is

29  amended to read:

30         636.0145  Certain entities contracting with

31  Medicaid.--Notwithstanding the requirements of s.

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 1  409.912(4)(3)(b), an entity that is providing comprehensive

 2  inpatient and outpatient mental health care services to

 3  certain Medicaid recipients in Hillsborough, Highlands,

 4  Hardee, Manatee, and Polk Counties through a capitated,

 5  prepaid arrangement pursuant to the federal waiver provided

 6  for in s. 409.905(5) must become licensed under chapter 636 by

 7  December 31, 1998. Any entity licensed under this chapter

 8  which provides services solely to Medicaid recipients under a

 9  contract with Medicaid shall be exempt from ss. 636.017,

10  636.018, 636.022, 636.028, and 636.034.

11         Section 27.  Subsection (3) of section 641.225, Florida

12  Statutes, is amended to read:

13         641.225  Surplus requirements.--

14         (3)(a)  An entity providing prepaid capitated services

15  which is authorized under s. 409.912(4)(3)(a) and which

16  applies for a certificate of authority is subject to the

17  minimum surplus requirements set forth in subsection (1),

18  unless the entity is backed by the full faith and credit of

19  the county in which it is located.

20         (b)  An entity providing prepaid capitated services

21  which is authorized under s. 409.912(4)(3)(b) or (c), and

22  which applies for a certificate of authority is subject to the

23  minimum surplus requirements set forth in s. 409.912.

24         Section 28.  Subsection (4) of section 641.386, Florida

25  Statutes, is amended to read:

26         641.386  Agent licensing and appointment required;

27  exceptions.--

28         (4)  All agents and health maintenance organizations

29  shall comply with and be subject to the applicable provisions

30  of ss. 641.309 and 409.912(21)(19), and all companies and

31  entities appointing agents shall comply with s. 626.451, when

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 1  marketing for any health maintenance organization licensed

 2  pursuant to this part, including those organizations under

 3  contract with the Agency for Health Care Administration to

 4  provide health care services to Medicaid recipients or any

 5  private entity providing health care services to Medicaid

 6  recipients pursuant to a prepaid health plan contract with the

 7  Agency for Health Care Administration.

 8         Section 29.  For the purposes of incorporating the

 9  amendment to section 409.920, Florida Statutes, in a reference

10  thereto, paragraph (g) of subsection (3) of section 921.0022,

11  Florida Statutes, is reenacted to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15  

16  Florida           Felony

17  Statute           Degree             Description

18  

19                     

20                              (g)  LEVEL 7

21  316.027(1)(b)      2nd      Accident involving death, failure

22                              to stop; leaving scene.

23  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

24                              injury.

25  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

26                              bodily injury.

27  402.319(2)         2nd      Misrepresentation and negligence

28                              or intentional act resulting in

29                              great bodily harm, permanent

30                              disfiguration, permanent

31                              disability, or death.

                                  98

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 1  409.920(2)         3rd      Medicaid provider fraud.

 2  456.065(2)         3rd      Practicing a health care

 3                              profession without a license.

 4  456.065(2)         2nd      Practicing a health care

 5                              profession without a license

 6                              which results in serious bodily

 7                              injury.

 8  458.327(1)         3rd      Practicing medicine without a

 9                              license.

10  459.013(1)         3rd      Practicing osteopathic medicine

11                              without a license.

12  460.411(1)         3rd      Practicing chiropractic medicine

13                              without a license.

14  461.012(1)         3rd      Practicing podiatric medicine

15                              without a license.

16  462.17             3rd      Practicing naturopathy without a

17                              license.

18  463.015(1)         3rd      Practicing optometry without a

19                              license.

20  464.016(1)         3rd      Practicing nursing without a

21                              license.

22  465.015(2)         3rd      Practicing pharmacy without a

23                              license.

24  466.026(1)         3rd      Practicing dentistry or dental

25                              hygiene without a license.

26  467.201            3rd      Practicing midwifery without a

27                              license.

28  468.366            3rd      Delivering respiratory care

29                              services without a license.

30  483.828(1)         3rd      Practicing as clinical laboratory

31                              personnel without a license.

                                  99

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 1  483.901(9)         3rd      Practicing medical physics

 2                              without a license.

 3  484.013(1)(c)      3rd      Preparing or dispensing optical

 4                              devices without a prescription.

 5  484.053            3rd      Dispensing hearing aids without a

 6                              license.

 7  494.0018(2)        1st      Conviction of any violation of

 8                              ss. 494.001-494.0077 in which the

 9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29  

30  

31  

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 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.074(1)(a)      1st      Aggravated battery on sexually

25                              violent predators facility staff.

26  784.08(2)(a)       1st      Aggravated battery on a person 65

27                              years of age or older.

28  784.081(1)         1st      Aggravated battery on specified

29                              official or employee.

30  

31  

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 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

 8                              of s. 790.07(1) or (2).

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

30  

31  

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 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31  

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 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

10   (3)(b)            1st      Making false entries of material

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31  

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 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), (2)(b), or

15                              (2)(c)4.) within 1,000 feet of a

16                              child care facility, school, or

17                              state, county, or municipal park

18                              or publicly owned recreational

19                              facility or community center.

20  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

21                              cocaine or other drug prohibited

22                              under s. 893.03(1)(a), (1)(b),

23                              (1)(d), (2)(a), (2)(b), or

24                              (2)(c)4., within 1,000 feet of

25                              property used for religious

26                              services or a specified business

27                              site.

28  893.13(4)(a)       1st      Deliver to minor cocaine (or

29                              other s. 893.03(1)(a), (1)(b),

30                              (1)(d), (2)(a), (2)(b), or

31                              (2)(c)4. drugs).

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 1  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 2                              than 25 lbs., less than 2,000

 3                              lbs.

 4  893.135

 5   (1)(b)1.a.        1st      Trafficking in cocaine, more than

 6                              28 grams, less than 200 grams.

 7  893.135

 8   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 9                              more than 4 grams, less than 14

10                              grams.

11  893.135

12   (1)(d)1.          1st      Trafficking in phencyclidine,

13                              more than 28 grams, less than 200

14                              grams.

15  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

16                              than 200 grams, less than 5

17                              kilograms.

18  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

19                              than 14 grams, less than 28

20                              grams.

21  893.135

22   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

23                              grams or more, less than 14

24                              grams.

25  893.135

26   (1)(h)1.a.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              1 kilogram or more, less than 5

29                              kilograms.

30  

31  

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 1  893.135

 2   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 3                              kilogram or more, less than 5

 4                              kilograms.

 5  893.135

 6   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

 7                              10 grams or more, less than 200

 8                              grams.

 9  896.101(5)(a)      3rd      Money laundering, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12  896.104(4)(a)1.    3rd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17         Section 30.  For the purpose of incorporating the

18  amendment to section 932.701, Florida Statutes, in a reference

19  thereto, subsection (6) of section 705.101, Florida Statutes,

20  is reenacted to read:

21         705.101  Definitions.--As used in this chapter:

22         (6)  "Unclaimed evidence" means any tangible personal

23  property, including cash, not included within the definition

24  of "contraband article," as provided in s. 932.701(2), which

25  was seized by a law enforcement agency, was intended for use

26  in a criminal or quasi-criminal proceeding, and is retained by

27  the law enforcement agency or the clerk of the county or

28  circuit court for 60 days after the final disposition of the

29  proceeding and to which no claim of ownership has been made.

30         Section 31.  For the purpose of incorporating the

31  amendment to section 932.701, Florida Statutes, in references

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 1  thereto, subsection (4) of section 932.703, Florida Statutes,

 2  is reenacted to read:

 3         932.703  Forfeiture of contraband article;

 4  exceptions.--

 5         (4)  In any incident in which possession of any

 6  contraband article defined in s. 932.701(2)(a) constitutes a

 7  felony, the vessel, motor vehicle, aircraft, other personal

 8  property, or real property in or on which such contraband

 9  article is located at the time of seizure shall be contraband

10  subject to forfeiture. It shall be presumed in the manner

11  provided in s. 90.302(2) that the vessel, motor vehicle,

12  aircraft, other personal property, or real property in which

13  or on which such contraband article is located at the time of

14  seizure is being used or was attempted or intended to be used

15  in a manner to facilitate the transportation, carriage,

16  conveyance, concealment, receipt, possession, purchase, sale,

17  barter, exchange, or giving away of a contraband article

18  defined in s. 932.701(2).

19         Section 32.  The sum of $262,087 is appropriated from

20  the Medical Quality Assurance Trust Fund to the Department of

21  Health, and four full-time equivalent positions are

22  authorized, for the purpose of implementing the provisions of

23  this act during the 2004-2005 fiscal year.

24         Section 33.  This act shall take effect July 1, 2004.

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1064

 3                                 

 4  Requires the Agency for Health Care Administration (AHCA) to
    enroll Medicaid recipients in the drug benefit management
 5  program if they are using significant numbers of prescribed
    drugs each month and are not enrolled in a health maintenance
 6  organization.

 7  Deletes language that gave the Medicaid Fraud Control Unit
    authorization to review non-Medicaid patient records without
 8  the patient's consent when the unit is investigating suspected
    Medicaid fraud.
 9  
    Requires a Medicaid applicant to forfeit his or her
10  entitlement to goods and services in the Medicaid program if
    found, through administrative or judicial proceedings, to have
11  committed fraud three times in a period of less than 36
    months.  Requires AHCA to seek a federal waiver to terminate
12  the eligibility of the recipient from the Medicaid program.

13  Gives AHCA the authority to require a confirmation, or second
    physician's opinion of the correct diagnosis, for the purpose
14  of authorizing future services under the Medicaid program.

15  Requires AHCA to mandate a Medicaid recipient's participation
    in a provider lock-in program, limiting the receipt of goods
16  or services to a single provider for a period of no less than
    one year, and for the duration of the recipient's
17  participation in the program if he or she commits a second
    offense of fraud or abuse.  The lock-in programs include, but
18  are not limited to, pharmacies, medical doctors, and infusion
    clinics.
19  
    Requires AHCA to conduct a study and recommend a plan to
20  implement an electronic verification system in the Medicaid
    program.
21  
    Authorizes AHCA to implement provider network controls,
22  including but not limited to, competitive bidding and provider
    credentialing.
23  
    Clarifies that AHCA may reimburse a person or entity for a
24  prescription for medication or medical supplies under the
    Medicaid program if the prescriber is a physician who is not
25  enrolled in the Medicaid program but has provided a medically
    necessary service or prescription not otherwise reasonably
26  available from a Medicaid-enrolled physician, or in instances
    where AHCA cannot practically notify a pharmacy at the point
27  of sale that a prescription will be approved for processing
    under the specified instances.
28  
    Provides that the Office of Program Policy and Governmental
29  Accountability must report on AHCA's efforts to deter fraud
    and abuse in the Medicaid program.
30  
    Clarifies that Medicaid fraud committed under s. 409.920,
31  F.S., and s. 409.9201, F.S., applies to individuals other than
    Medicaid providers and recipients.
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 1  Provides that proceeds accrued pursuant to the Contraband
    Forfeiture Act through fraud and abuse efforts by the Medicaid
 2  Fraud Control Unit in the Department of Legal Affairs are to
    be deposited in the Department of Legal Affairs Trust Fund.
 3  
    Appropriates $262,087 from the Medical Quality Assurance Trust
 4  Fund to the Department of Health and authorizes four full-time
    equivalent positions for the purpose of implementing the
 5  provisions of this act.

 6  Requires AHCA to give pharmacies at least one week prior
    notice of the initial audit for each audit cycle.
 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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