| 1 | The Committee on Appropriations recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to minority health care; creating s. |
| 7 | 381.736, F.S.; providing for the Department of Health to |
| 8 | monitor and report on Florida's status regarding the |
| 9 | Healthy People 2010 goals and objectives currently tracked |
| 10 | by the department; requiring an annual report to the |
| 11 | Legislature; requiring the department to work with various |
| 12 | groups to educate health care professionals on racial and |
| 13 | ethnic issues in health, to recruit and train health care |
| 14 | professionals from minority backgrounds, and to promote |
| 15 | certain research; amending s. 409.901, F.S.; defining the |
| 16 | term "minority physician network"; amending s. 409.912, |
| 17 | F.S.; requiring the Agency for Health Care Administration |
| 18 | to contract for a Medicaid minority physician network; |
| 19 | providing guidelines for the operation of the network; |
| 20 | defining the term "cost-effective"; requiring the agency |
| 21 | to conduct actuarially sound audits; providing an |
| 22 | effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 381.736, Florida Statutes, is created |
| 27 | to read: |
| 28 | 381.736 Florida Healthy People 2010 Program.-- |
| 29 | (1) The Department of Health shall, using existing |
| 30 | resources, monitor and report Florida's status on the Florida |
| 31 | Healthy People 2010 goals and objectives currently tracked and |
| 32 | available to the department. The federal Healthy People 2010 |
| 33 | goals and objectives are designed to measure and help to improve |
| 34 | the health of all Americans by advancing the following goals: |
| 35 | (a) Increase the quality and years of healthy life. |
| 36 | (b) Eliminate health disparities among different segments |
| 37 | of the population. |
| 38 | (2) The department shall report to the Legislature by |
| 39 | December 31 of each year on the status of disparities in health |
| 40 | among minorities and nonminorities, using health indicators that |
| 41 | are consistent with those identified by the federal Healthy |
| 42 | People 2010 goals and objectives. |
| 43 | (3) To reduce negative health consequences that result |
| 44 | from ignoring racial and ethnic cultures, the department shall |
| 45 | work with minority physician networks to develop programs to |
| 46 | educate health care professionals about the importance of |
| 47 | culture in health status. These programs shall include, but need |
| 48 | not be limited to: |
| 49 | (a) The education of health care providers about the |
| 50 | prevalence of specific health conditions among certain minority |
| 51 | groups. |
| 52 | (b) The training of clinicians to be sensitive to cultural |
| 53 | diversity among patients and to recognize that inherent biases |
| 54 | can lead to disparate treatments. |
| 55 | (c) The creation of initiatives that educate private- |
| 56 | sector health care and managed care organizations about the |
| 57 | importance of cross-cultural training of health care |
| 58 | professionals and the effect of such training on the |
| 59 | professional-patient relationship. |
| 60 | (d) The fostering of increased use of interpreter services |
| 61 | in health care settings. |
| 62 | (4) The department shall work with and promote the |
| 63 | establishment of public and private partnerships with charitable |
| 64 | organizations, hospitals, and minority physician networks to |
| 65 | increase the proportion of health care professionals from |
| 66 | minority backgrounds. |
| 67 | (5) The department shall work with and promote research on |
| 68 | methods by which to reduce disparities in health care at |
| 69 | colleges and universities that have historically large minority |
| 70 | enrollments, including centers of excellence in this state |
| 71 | identified by the National Center on Minority Health and Health |
| 72 | Disparities, by working with those colleges, universities, and |
| 73 | with community representatives to encourage local minority |
| 74 | students to pursue professions in health care. |
| 75 | Section 2. Present subsections (23), (24), (25), and (26) |
| 76 | of section 409.901, Florida Statutes, are renumbered as |
| 77 | subsections (24), (25), (26), and (27), respectively, and a new |
| 78 | subsection (23) is added to that section, to read: |
| 79 | 409.901 Definitions; ss. 409.901-409.920.--As used in ss. |
| 80 | 409.901-409.920, except as otherwise specifically provided, the |
| 81 | term: |
| 82 | (23) "Minority physician network" means a network of |
| 83 | primary care physicians with experience managing Medicaid or |
| 84 | Medicare recipients that is predominantly owned by minorities, |
| 85 | as defined in s. 288.703(3), which may have a collaborative |
| 86 | partnership with a public college or university and a tax-exempt |
| 87 | charitable corporation. |
| 88 | Section 3. Subsection (45) is added to section 409.912, |
| 89 | Florida Statutes, to read: |
| 90 | 409.912 Cost-effective purchasing of health care.--The |
| 91 | agency shall purchase goods and services for Medicaid recipients |
| 92 | in the most cost-effective manner consistent with the delivery |
| 93 | of quality medical care. The agency shall maximize the use of |
| 94 | prepaid per capita and prepaid aggregate fixed-sum basis |
| 95 | services when appropriate and other alternative service delivery |
| 96 | and reimbursement methodologies, including competitive bidding |
| 97 | pursuant to s. 287.057, designed to facilitate the cost- |
| 98 | effective purchase of a case-managed continuum of care. The |
| 99 | agency shall also require providers to minimize the exposure of |
| 100 | recipients to the need for acute inpatient, custodial, and other |
| 101 | institutional care and the inappropriate or unnecessary use of |
| 102 | high-cost services. The agency may establish prior authorization |
| 103 | requirements for certain populations of Medicaid beneficiaries, |
| 104 | certain drug classes, or particular drugs to prevent fraud, |
| 105 | abuse, overuse, and possible dangerous drug interactions. The |
| 106 | Pharmaceutical and Therapeutics Committee shall make |
| 107 | recommendations to the agency on drugs for which prior |
| 108 | authorization is required. The agency shall inform the |
| 109 | Pharmaceutical and Therapeutics Committee of its decisions |
| 110 | regarding drugs subject to prior authorization. |
| 111 | (45) The agency shall contract with minority physician |
| 112 | networks that have a history of providing health care services |
| 113 | to historically underserved minorities. The network must provide |
| 114 | cost-effective Medicaid services, comply with the requirements |
| 115 | of the MediPass program, and provide its primary care physicians |
| 116 | with access to data and other management tools necessary to |
| 117 | assist them in ensuring the appropriate use of services, |
| 118 | including inpatient hospital services and pharmaceuticals. The |
| 119 | providers in the network must be enrolled in the MediPass |
| 120 | program. |
| 121 | (a) The agency shall provide for the development and |
| 122 | expansion of minority physician networks in each service area to |
| 123 | provide services to Medicaid recipients who are eligible to |
| 124 | participate under federal law and rules. |
| 125 | (b) The agency shall reimburse the minority physician |
| 126 | network as a fee-for-service provider, including the case |
| 127 | management fee for primary care, or as a capitated rate provider |
| 128 | for Medicaid services. Any savings shall be shared with the |
| 129 | minority physician network pursuant to the contract. |
| 130 | (c) For purposes of this subsection, the term "cost- |
| 131 | effective" means that a network's per-member, per-month costs to |
| 132 | the state, including, but not limited to, fee-for-service costs, |
| 133 | administrative costs, and case-management fees, must be no |
| 134 | greater than the state's costs associated with contracts for |
| 135 | Medicaid services established under subsection (3), which shall |
| 136 | be actuarially adjusted for case mix, model, and service area. |
| 137 | The agency shall conduct actuarially sound audits adjusted for |
| 138 | case mix and model in order to ensure such cost-effectiveness |
| 139 | and shall publish the audit results on its Internet website and |
| 140 | submit the audit results annually to the Governor, the President |
| 141 | of the Senate, and the Speaker of the House of Representatives |
| 142 | no later than December 31. Contracts established pursuant to |
| 143 | this subsection which are not cost-effective may not be renewed. |
| 144 | (d) The agency may apply for any federal waivers needed to |
| 145 | implement this paragraph. |
| 146 | Section 4. This act shall take effect July 1, 2004. |