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