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, in coordination with the Agency for |
5 | Persons with Disabilities, to develop a model waiver |
6 | program to serve children with specified disorders; |
7 | requiring the Agency for Health Care Administration to |
8 | seek federal waiver approval and implement the approved |
9 | waiver subject to availability of funds and certain |
10 | limitations; authorizing rules; providing an |
11 | appropriation; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
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15 | Section 1. Subsection (50) is added to section 409.912, |
16 | Florida Statutes, to read: |
17 | 409.912 Cost-effective purchasing of health care.--The |
18 | agency shall purchase goods and services for Medicaid recipients |
19 | in the most cost-effective manner consistent with the delivery |
20 | of quality medical care. To ensure that medical services are |
21 | effectively utilized, the agency may, in any case, require a |
22 | confirmation or second physician's opinion of the correct |
23 | diagnosis for purposes of authorizing future services under the |
24 | Medicaid program. This section does not restrict access to |
25 | emergency services or poststabilization care services as defined |
26 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
27 | shall be rendered in a manner approved by the agency. The agency |
28 | shall maximize the use of prepaid per capita and prepaid |
29 | aggregate fixed-sum basis services when appropriate and other |
30 | alternative service delivery and reimbursement methodologies, |
31 | including competitive bidding pursuant to s. 287.057, designed |
32 | to facilitate the cost-effective purchase of a case-managed |
33 | continuum of care. The agency shall also require providers to |
34 | minimize the exposure of recipients to the need for acute |
35 | inpatient, custodial, and other institutional care and the |
36 | inappropriate or unnecessary use of high-cost services. The |
37 | agency may mandate prior authorization, drug therapy management, |
38 | or disease management participation for certain populations of |
39 | Medicaid beneficiaries, certain drug classes, or particular |
40 | drugs to prevent fraud, abuse, overuse, and possible dangerous |
41 | drug interactions. The Pharmaceutical and Therapeutics Committee |
42 | shall make recommendations to the agency on drugs for which |
43 | prior authorization is required. The agency shall inform the |
44 | Pharmaceutical and Therapeutics Committee of its decisions |
45 | regarding drugs subject to prior authorization. The agency is |
46 | authorized to limit the entities it contracts with or enrolls as |
47 | Medicaid providers by developing a provider network through |
48 | provider credentialing. The agency may limit its network based |
49 | on the assessment of beneficiary access to care, provider |
50 | availability, provider quality standards, time and distance |
51 | standards for access to care, the cultural competence of the |
52 | provider network, demographic characteristics of Medicaid |
53 | beneficiaries, practice and provider-to-beneficiary standards, |
54 | appointment wait times, beneficiary use of services, provider |
55 | turnover, provider profiling, provider licensure history, |
56 | previous program integrity investigations and findings, peer |
57 | review, provider Medicaid policy and billing compliance records, |
58 | clinical and medical record audits, and other factors. Providers |
59 | shall not be entitled to enrollment in the Medicaid provider |
60 | network. The agency is authorized to seek federal waivers |
61 | necessary to implement this policy. |
62 | (50) The agency shall work with the Agency for Persons |
63 | with Disabilities to develop a model home and community-based |
64 | waiver to serve children who are diagnosed with familial |
65 | dysautonomia or Riley-Day syndrome caused by a mutation of the |
66 | IKBKAP gene on chromosome 9. The agency shall seek federal |
67 | waiver approval and implement the approved waiver subject to the |
68 | availability of funds and any limitations provided in the |
69 | General Appropriations Act. The agency may adopt rules to |
70 | implement this waiver program. |
71 | Section 2. The sums of $171,840 from the General Revenue |
72 | Fund and $246,160 from the Medical Care Trust Fund are |
73 | appropriated to the Agency for Health Care Administration for |
74 | the purpose of implementing this act during the 2005-2006 fiscal |
75 | year. |
76 | Section 3. This act shall take effect July 1, 2005. |