1 | A bill to be entitled |
2 | An act relating to developmental disabilities; amending s. |
3 | 409.912, F.S.; requiring the Agency for Health Care |
4 | Administration to develop a model waiver program to serve |
5 | children with specified disorders; requiring the agency to |
6 | seek federal waiver approval and implement the approved |
7 | waiver subject to availability of funds and certain |
8 | limitations; authorizing rules; providing an effective |
9 | date. |
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11 | Be It Enacted by the Legislature of the State of Florida: |
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13 | Section 1. Subsection (50) is added to section 409.912, |
14 | Florida Statutes, to read: |
15 | 409.912 Cost-effective purchasing of health care.--The |
16 | agency shall purchase goods and services for Medicaid recipients |
17 | in the most cost-effective manner consistent with the delivery |
18 | of quality medical care. To ensure that medical services are |
19 | effectively utilized, the agency may, in any case, require a |
20 | confirmation or second physician's opinion of the correct |
21 | diagnosis for purposes of authorizing future services under the |
22 | Medicaid program. This section does not restrict access to |
23 | emergency services or poststabilization care services as defined |
24 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
25 | shall be rendered in a manner approved by the agency. The agency |
26 | shall maximize the use of prepaid per capita and prepaid |
27 | aggregate fixed-sum basis services when appropriate and other |
28 | alternative service delivery and reimbursement methodologies, |
29 | including competitive bidding pursuant to s. 287.057, designed |
30 | to facilitate the cost-effective purchase of a case-managed |
31 | continuum of care. The agency shall also require providers to |
32 | minimize the exposure of recipients to the need for acute |
33 | inpatient, custodial, and other institutional care and the |
34 | inappropriate or unnecessary use of high-cost services. The |
35 | agency may mandate prior authorization, drug therapy management, |
36 | or disease management participation for certain populations of |
37 | Medicaid beneficiaries, certain drug classes, or particular |
38 | drugs to prevent fraud, abuse, overuse, and possible dangerous |
39 | drug interactions. The Pharmaceutical and Therapeutics Committee |
40 | shall make recommendations to the agency on drugs for which |
41 | prior authorization is required. The agency shall inform the |
42 | Pharmaceutical and Therapeutics Committee of its decisions |
43 | regarding drugs subject to prior authorization. The agency is |
44 | authorized to limit the entities it contracts with or enrolls as |
45 | Medicaid providers by developing a provider network through |
46 | provider credentialing. The agency may limit its network based |
47 | on the assessment of beneficiary access to care, provider |
48 | availability, provider quality standards, time and distance |
49 | standards for access to care, the cultural competence of the |
50 | provider network, demographic characteristics of Medicaid |
51 | beneficiaries, practice and provider-to-beneficiary standards, |
52 | appointment wait times, beneficiary use of services, provider |
53 | turnover, provider profiling, provider licensure history, |
54 | previous program integrity investigations and findings, peer |
55 | review, provider Medicaid policy and billing compliance records, |
56 | clinical and medical record audits, and other factors. Providers |
57 | shall not be entitled to enrollment in the Medicaid provider |
58 | network. The agency is authorized to seek federal waivers |
59 | necessary to implement this policy. |
60 | (50) The agency shall work with the Department of Children |
61 | and Family Services to develop a model home and community-based |
62 | waiver to serve children who are diagnosed with familial |
63 | dysautonomia or Riley-Day syndrome caused by a mutation of the |
64 | IKBKAP gene on chromosome 9. The agency shall seek federal |
65 | waiver approval and implement the approved waiver subject to the |
66 | availability of funds and any limitations provided in the |
67 | General Appropriations Act. The agency may adopt rules to |
68 | implement this waiver program. |
69 | Section 2. This act shall take effect July 1, 2005. |