Senate Bill sb0404e1

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    CS for CS for SB 404                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         393.0661, F.S.; deleting provisions authorizing

  4         the Agency for Health Care Administration to

  5         adopt emergency rules governing the home and

  6         community-based services delivery system;

  7         amending s. 400.23, F.S.; delaying provisions

  8         requiring a nursing home staffing increase;

  9         amending s. 408.034, F.S.; deleting references

10         to the Office of Long-Term Care Policy;

11         requiring the Agency for Health Care

12         Administration to make recommendations to the

13         Legislature relating to the need for nursing

14         facility beds; amending ss. 409.903, 409.904,

15         F.S.; deleting certain limitations on services

16         to the medically needy; amending s. 409.906,

17         F.S., relating to optional Medicaid services;

18         providing for adult denture services; repealing

19         s. 409.9065, F.S., relating to pharmaceutical

20         expense assistance; amending s. 409.907, F.S.,

21         relating to Medicaid provider agreements;

22         prohibiting the incorporation of a fee or rate

23         schedule into a provider agreement; requiring

24         that such agreements be renewed or amended only

25         in writing; amending s. 409.908, F.S.;

26         requiring that the agency reimburse providers

27         according to published methodologies;

28         authorizing adjustments in fees, rates, and

29         other requirements under certain circumstances;

30         removing obsolete provisions; creating s.

31         409.9082, F.S.; providing a Medicaid


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    CS for CS for SB 404                           First Engrossed



 1         rate-setting process; providing that the agency

 2         need not comply with ch. 120, F.S., when

 3         setting such rates; limiting judicial review of

 4         such rates; providing notice requirements or

 5         proposed and final rate methodologies; amending

 6         ss. 409.911, 409.9112, 409.9113, 409.9117,

 7         F.S., relating to the hospital disproportionate

 8         share program; revising the method for

 9         calculating the disproportionate share payment;

10         deleting obsolete provisions; amending s.

11         409.91195, F.S.; revising provisions relating

12         to the Medicaid Pharmaceutical and Therapeutics

13         Committee and its duties with respect to

14         developing a preferred drug list; amending s.

15         409.912, F.S.; authorizing the agency to

16         contract with comprehensive behavioral health

17         care providers in a specified service area for

18         the purpose of demonstrating the

19         cost-effectiveness of quality mental health

20         services through a public hospital-operated

21         managed care model; providing requirements for

22         the contract; revising the Medicaid prescribed

23         drug spending control program; eliminating case

24         management fees; directing the Agency for

25         Health Care Administration to implement, and

26         authorizing it to seek federal waivers for, the

27         program of all-inclusive care for children;

28         authorizing the agency to adopt rules; amending

29         s. 409.9122, F.S.; revising a provision

30         governing assignment to a managed care option

31         for a Medicaid recipient who does not choose a


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    CS for CS for SB 404                           First Engrossed



 1         plan or provider in certain geographic areas

 2         where the Agency for Health Care Administration

 3         contracts for comprehensive behavioral health

 4         services; amending s. 409.9124, F.S.; requiring

 5         the Agency for Health Care Administration to

 6         publish managed care reimbursement rates

 7         annually; limiting the application of certain

 8         rates and rate reductions; providing for rates

 9         applicable to children under 1 year of age;

10         repealing s. 430.041, F.S., relating to

11         establishing the Office of Long-Term Care

12         Policy; amending s. 430.502, F.S.; establishing

13         a memory disorder clinic at Florida Atlantic

14         University; amending s. 440.02, F.S.; excluding

15         from the term "employee" as used in ch. 440,

16         F.S., certain Medicaid-enrolled clients served

17         under the Family and Supported Living Medicaid

18         Waiver program; amending s. 21, ch. 2004-270,

19         Laws of Florida; providing criteria for

20         clientele to be served by organizations in Lee

21         County and Martin County under the Program of

22         All-inclusive Care for the Elderly; providing

23         legislative intent with respect to the

24         applicability of provisions of the act

25         governing contracts, fees, rates, and other

26         methods of payment; providing for severability;

27         providing effective dates.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  


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    CS for CS for SB 404                           First Engrossed



 1         Section 1.  Section 393.0661, Florida Statutes, is

 2  amended to read:

 3         393.0661  Home and community-based services delivery

 4  system; comprehensive redesign.--The Legislature finds that

 5  the home and community-based services delivery system for

 6  persons with developmental disabilities and the availability

 7  of appropriated funds are two of the critical elements in

 8  making services available. Therefore, it is the intent of the

 9  Legislature that the Agency for Persons with Disabilities

10  shall develop and implement a comprehensive redesign of the

11  system.

12         (1)  The redesign of the home and community-based

13  services system shall include, at a minimum, all actions

14  necessary to achieve an appropriate rate structure, client

15  choice within a specified service package, appropriate

16  assessment strategies, an efficient billing process that

17  contains reconciliation and monitoring components, a redefined

18  role for support coordinators that avoids potential conflicts

19  of interest, and ensures that family/client budgets are linked

20  to levels of need.

21         (a)  The agency shall use an assessment instrument that

22  is reliable and valid. The agency may contract with an

23  external vendor or may use support coordinators to complete

24  client assessments if it develops sufficient safeguards and

25  training to ensure ongoing inter-rater reliability.

26         (b)  The agency, with the concurrence of the Agency for

27  Health Care Administration, may contract for the determination

28  of medical necessity and establishment of individual budgets.

29         (2)  A provider of services rendered to persons with

30  developmental disabilities pursuant to a federally approved

31  waiver shall be reimbursed according to a rate methodology


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    CS for CS for SB 404                           First Engrossed



 1  based upon an analysis of the expenditure history and

 2  prospective costs of providers participating in the waiver

 3  program, or under any other methodology developed by the

 4  Agency for Health Care Administration, in consultation with

 5  the Agency for Persons with Disabilities, and approved by the

 6  Federal Government in accordance with the waiver.

 7         (3)  Pending the adoption of rate methodologies

 8  pursuant to nonemergency rulemaking under s. 120.54, the

 9  Agency for Health Care Administration may, at any time, adopt

10  emergency rules under s. 120.54(4) in order to comply with

11  subsection (4). In adopting such emergency rules, the agency

12  need not make the findings required by s. 120.54(4)(a), and

13  such rules shall be exempt from time limitations provided in

14  s. 120.54(4)(c) and shall remain in effect until replaced by

15  another emergency rule or the nonemergency adoption of the

16  rate methodology.

17         (3)(4)  Nothing in this section or in any

18  administrative rule shall be construed to prevent or limit the

19  Agency for Health Care Administration, in consultation with

20  the Agency for Persons with Disabilities, from adjusting fees,

21  reimbursement rates, lengths of stay, number of visits, or

22  number of services, or from limiting enrollment, or making any

23  other adjustment necessary to comply with the availability of

24  moneys and any limitations or directions provided for in the

25  General Appropriations Act. If at any time, based upon an

26  analysis by the Agency for Health Care Administration in

27  consultation with the Agency for Persons with Disabilities,

28  the cost of home and community-based waiver services are

29  expected to exceed the appropriated amount, the Agency for

30  Health Care Administration may implement any adjustment,

31  


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    CS for CS for SB 404                           First Engrossed



 1  including provider rate reductions, within 30 days in order to

 2  remain within the appropriation.

 3         Section 2.  Paragraph (a) of subsection (3) of section

 4  400.23, Florida Statutes, is amended to read:

 5         400.23  Rules; evaluation and deficiencies; licensure

 6  status.--

 7         (3)(a)  The agency shall adopt rules providing for the

 8  minimum staffing requirements for nursing homes. These

 9  requirements shall include, for each nursing home facility, a

10  minimum certified nursing assistant staffing of 2.3 hours of

11  direct care per resident per day beginning January 1, 2002,

12  increasing to 2.6 hours of direct care per resident per day

13  beginning January 1, 2003, and increasing to 2.9 hours of

14  direct care per resident per day beginning July 1, 2006 2005.

15  Beginning January 1, 2002, no facility shall staff below one

16  certified nursing assistant per 20 residents, and a minimum

17  licensed nursing staffing of 1.0 hour of direct resident care

18  per resident per day but never below one licensed nurse per 40

19  residents. Nursing assistants employed under s. 400.211(2) may

20  be included in computing the staffing ratio for certified

21  nursing assistants only if they provide nursing assistance

22  services to residents on a full-time basis. Each nursing home

23  must document compliance with staffing standards as required

24  under this paragraph and post daily the names of staff on duty

25  for the benefit of facility residents and the public. The

26  agency shall recognize the use of licensed nurses for

27  compliance with minimum staffing requirements for certified

28  nursing assistants, provided that the facility otherwise meets

29  the minimum staffing requirements for licensed nurses and that

30  the licensed nurses so recognized are performing the duties of

31  a certified nursing assistant. Unless otherwise approved by


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    CS for CS for SB 404                           First Engrossed



 1  the agency, licensed nurses counted toward the minimum

 2  staffing requirements for certified nursing assistants must

 3  exclusively perform the duties of a certified nursing

 4  assistant for the entire shift and shall not also be counted

 5  toward the minimum staffing requirements for licensed nurses.

 6  If the agency approved a facility's request to use a licensed

 7  nurse to perform both licensed nursing and certified nursing

 8  assistant duties, the facility must allocate the amount of

 9  staff time specifically spent on certified nursing assistant

10  duties for the purpose of documenting compliance with minimum

11  staffing requirements for certified and licensed nursing

12  staff. In no event may the hours of a licensed nurse with dual

13  job responsibilities be counted twice.

14         Section 3.  Subsection (4) of section 408.034, Florida

15  Statutes, is amended to read:

16         408.034  Duties and responsibilities of agency;

17  rules.--

18         (4)  Prior to determining that there is a need for

19  additional community nursing facility beds in any area of the

20  state, the agency shall determine that the need cannot be met

21  through the provision, enhancement, or expansion of home and

22  community-based services. In determining such need, the agency

23  shall examine nursing home placement patterns and demographic

24  patterns of persons entering nursing homes and the

25  availability of and effectiveness of existing home-based and

26  community-based service delivery systems at meeting the

27  long-term care needs of the population. The agency shall

28  recommend to the Legislature Office of Long-Term Care Policy

29  changes that could be made to existing home-based and

30  community-based delivery systems to lessen the need for

31  additional nursing facility beds.


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    CS for CS for SB 404                           First Engrossed



 1         Section 4.  Subsection (5) of section 409.903, Florida

 2  Statutes, is amended to read:

 3         409.903  Mandatory payments for eligible persons.--The

 4  agency shall make payments for medical assistance and related

 5  services on behalf of the following persons who the

 6  department, or the Social Security Administration by contract

 7  with the Department of Children and Family Services,

 8  determines to be eligible, subject to the income, assets, and

 9  categorical eligibility tests set forth in federal and state

10  law.  Payment on behalf of these Medicaid eligible persons is

11  subject to the availability of moneys and any limitations

12  established by the General Appropriations Act or chapter 216.

13         (5)  A pregnant woman for the duration of her pregnancy

14  and for the postpartum period as defined in federal law and

15  rule, or a child under age 1, if either is living in a family

16  that has an income which is at or below 150 percent of the

17  most current federal poverty level, or, effective January 1,

18  1992, that has an income which is at or below 185 percent of

19  the most current federal poverty level. Such a person is not

20  subject to an assets test. Further, a pregnant woman who

21  applies for eligibility for the Medicaid program through a

22  qualified Medicaid provider must be offered the opportunity,

23  subject to federal rules, to be made presumptively eligible

24  for the Medicaid program. Effective July 1, 2005, eligibility

25  for Medicaid services is eliminated for women who have incomes

26  above 150 percent of the most current federal poverty level.

27         Section 5.  Subsections (1) and (2) of section 409.904,

28  Florida Statutes, are amended to read:

29         409.904  Optional payments for eligible persons.--The

30  agency may make payments for medical assistance and related

31  services on behalf of the following persons who are determined


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    CS for CS for SB 404                           First Engrossed



 1  to be eligible subject to the income, assets, and categorical

 2  eligibility tests set forth in federal and state law. Payment

 3  on behalf of these Medicaid eligible persons is subject to the

 4  availability of moneys and any limitations established by the

 5  General Appropriations Act or chapter 216.

 6         (1)(a)  From July 1, 2005, through December 31, 2005, a

 7  person who is age 65 or older or is determined to be disabled,

 8  whose income is at or below 88 percent of federal poverty

 9  level, and whose assets do not exceed established limitations.

10         (b)  Effective January 1, 2006, and subject to federal

11  waiver approval, a person who is age 65 or older or is

12  determined to be disabled, whose income is at or below 88

13  percent of the federal poverty level, whose assets do not

14  exceed established limitations, and who is not eligible for

15  Medicare or, if eligible for Medicare, is also eligible for

16  and receiving Medicaid-covered institutional care services,

17  hospice services, or home and community-based services. The

18  agency shall seek federal authorization through a waiver to

19  provide this coverage.

20         (2)  A family, a pregnant woman, a child under age 21,

21  a person age 65 or over, or a blind or disabled person, who

22  would be eligible under any group listed in s. 409.903(1),

23  (2), or (3), except that the income or assets of such family

24  or person exceed established limitations. For a family or

25  person in one of these coverage groups, medical expenses are

26  deductible from income in accordance with federal requirements

27  in order to make a determination of eligibility. A family or

28  person eligible under the coverage known as the "medically

29  needy," is eligible to receive the same services as other

30  Medicaid recipients, with the exception of services in skilled

31  nursing facilities and intermediate care facilities for the


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    CS for CS for SB 404                           First Engrossed



 1  developmentally disabled. Effective July 1, 2005, the

 2  medically needy are eligible for prescribed drug services

 3  only.

 4         Section 6.  Paragraph (b) of subsection (1) of section

 5  409.906, Florida Statutes, is amended to read:

 6         409.906  Optional Medicaid services.--Subject to

 7  specific appropriations, the agency may make payments for

 8  services which are optional to the state under Title XIX of

 9  the Social Security Act and are furnished by Medicaid

10  providers to recipients who are determined to be eligible on

11  the dates on which the services were provided. Any optional

12  service that is provided shall be provided only when medically

13  necessary and in accordance with state and federal law.

14  Optional services rendered by providers in mobile units to

15  Medicaid recipients may be restricted or prohibited by the

16  agency. Nothing in this section shall be construed to prevent

17  or limit the agency from adjusting fees, reimbursement rates,

18  lengths of stay, number of visits, or number of services, or

19  making any other adjustments necessary to comply with the

20  availability of moneys and any limitations or directions

21  provided for in the General Appropriations Act or chapter 216.

22  If necessary to safeguard the state's systems of providing

23  services to elderly and disabled persons and subject to the

24  notice and review provisions of s. 216.177, the Governor may

25  direct the Agency for Health Care Administration to amend the

26  Medicaid state plan to delete the optional Medicaid service

27  known as "Intermediate Care Facilities for the Developmentally

28  Disabled." Optional services may include:

29         (1)  ADULT DENTAL SERVICES.--

30         (b)  Beginning January 1, 2005, the agency may pay for

31  dentures, the procedures required to seat dentures, and the


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    CS for CS for SB 404                           First Engrossed



 1  repair and reline of dentures, provided by or under the

 2  direction of a licensed dentist, for a recipient who is 21

 3  years of age or older. This paragraph is repealed effective

 4  July 1, 2005.

 5         Section 7.  Effective January 1, 2006, section

 6  409.9065, Florida Statutes, is repealed.

 7         Section 8.  Subsection (2) of section 409.907, Florida

 8  Statutes, is amended to read:

 9         409.907  Medicaid provider agreements.--The agency may

10  make payments for medical assistance and related services

11  rendered to Medicaid recipients only to an individual or

12  entity who has a provider agreement in effect with the agency,

13  who is performing services or supplying goods in accordance

14  with federal, state, and local law, and who agrees that no

15  person shall, on the grounds of handicap, race, color, or

16  national origin, or for any other reason, be subjected to

17  discrimination under any program or activity for which the

18  provider receives payment from the agency.

19         (2)  Each provider agreement shall be a voluntary

20  contract between the agency and the provider, in which the

21  provider agrees to comply with all laws and rules pertaining

22  to the Medicaid program when furnishing a service or goods to

23  a Medicaid recipient and the agency agrees to pay a sum,

24  determined by the agency fee schedule, payment methodology, or

25  other manner, for the service or goods provided to the

26  Medicaid recipient. The agency may require a provider to be

27  subject to a fee or rate schedule or other payment

28  methodology, but a fee or rate schedule or any payment

29  methodology shall not be incorporated into the provider

30  agreement or any other agreement relating to the provision of

31  Medicaid goods or services. The provider agreement and other


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    CS for CS for SB 404                           First Engrossed



 1  agreement shall require that the provider agrees to accept the

 2  compensation established from time to time by the agency for

 3  Medicaid goods and services. Each provider agreement shall be

 4  effective for a stipulated period of time, shall be terminable

 5  by either party after reasonable notice, and shall be

 6  renewable by mutual agreement. Provider agreements and other

 7  agreements relating to the provision of Medicaid goods and

 8  services shall be renewed or amended only in writing. Any term

 9  of any provider agreement or other Medicaid agreement which is

10  inconsistent with this section shall be amended by operation

11  of law to conform to the requirements set forth in this

12  subsection.

13         Section 9.  Section 409.908, Florida Statutes, is

14  amended to read:

15         409.908  Reimbursement of Medicaid providers.--Subject

16  to specific appropriations, the agency shall reimburse

17  Medicaid providers, in accordance with state and federal law,

18  according to published methodologies set forth in the rules of

19  the agency and in policy manuals and handbooks incorporated by

20  reference therein.  These methodologies may include fee

21  schedules, reimbursement methods based on cost reporting,

22  negotiated fees, competitive bidding pursuant to s. 287.057,

23  and other mechanisms the agency considers efficient and

24  effective for purchasing services or goods on behalf of

25  recipients. If a provider is reimbursed based on cost

26  reporting and submits a cost report late and that cost report

27  would have been used to set a lower reimbursement rate for a

28  rate semester, then the provider's rate for that semester

29  shall be retroactively calculated using the new cost report,

30  and full payment at the recalculated rate shall be effected

31  retroactively. Medicare-granted extensions for filing cost


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    CS for CS for SB 404                           First Engrossed



 1  reports, if applicable, shall also apply to Medicaid cost

 2  reports. Payment for Medicaid compensable services made on

 3  behalf of Medicaid eligible persons is subject to the

 4  availability of moneys and any limitations or directions

 5  provided for in the General Appropriations Act or chapter 216.

 6  The agency may adjust Further, nothing in this section shall

 7  be construed to prevent or limit the agency from adjusting

 8  fees, reimbursement rates, lengths of stay, number of visits,

 9  or number of services, or make making any other adjustments

10  necessary to comply with the availability of moneys and any

11  limitations or directions provided for in the General

12  Appropriations Act, provided the adjustment is consistent with

13  legislative intent.

14         (1)  Reimbursement to hospitals licensed under part I

15  of chapter 395 must be made prospectively or on the basis of

16  negotiation.

17         (a)  Reimbursement for inpatient care is limited as

18  provided for in s. 409.905(5), except for:

19         1.  The raising of rate reimbursement caps, excluding

20  rural hospitals.

21         2.  Recognition of the costs of graduate medical

22  education.

23         3.  Other methodologies recognized in the General

24  Appropriations Act.

25         4.  Hospital inpatient rates shall be reduced by 6

26  percent effective July 1, 2001, and restored effective April

27  1, 2002.

28  

29  During the years funds are transferred from the Department of

30  Health, any reimbursement supported by such funds shall be

31  subject to certification by the Department of Health that the


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    CS for CS for SB 404                           First Engrossed



 1  hospital has complied with s. 381.0403. The agency is

 2  authorized to receive funds from state entities, including,

 3  but not limited to, the Department of Health, local

 4  governments, and other local political subdivisions, for the

 5  purpose of making special exception payments, including

 6  federal matching funds, through the Medicaid inpatient

 7  reimbursement methodologies. Funds received from state

 8  entities or local governments for this purpose shall be

 9  separately accounted for and shall not be commingled with

10  other state or local funds in any manner. The agency may

11  certify all local governmental funds used as state match under

12  Title XIX of the Social Security Act, to the extent that the

13  identified local health care provider that is otherwise

14  entitled to and is contracted to receive such local funds is

15  the benefactor under the state's Medicaid program as

16  determined under the General Appropriations Act and pursuant

17  to an agreement between the Agency for Health Care

18  Administration and the local governmental entity. The local

19  governmental entity shall use a certification form prescribed

20  by the agency. At a minimum, the certification form shall

21  identify the amount being certified and describe the

22  relationship between the certifying local governmental entity

23  and the local health care provider. The agency shall prepare

24  an annual statement of impact which documents the specific

25  activities undertaken during the previous fiscal year pursuant

26  to this paragraph, to be submitted to the Legislature no later

27  than January 1, annually.

28         (b)  Reimbursement for hospital outpatient care is

29  limited to $1,500 per state fiscal year per recipient, except

30  for:

31  


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    CS for CS for SB 404                           First Engrossed



 1         1.  Such care provided to a Medicaid recipient under

 2  age 21, in which case the only limitation is medical

 3  necessity.

 4         2.  Renal dialysis services.

 5         3.  Other exceptions made by the agency.

 6  

 7  The agency is authorized to receive funds from state entities,

 8  including, but not limited to, the Department of Health, the

 9  Board of Regents, local governments, and other local political

10  subdivisions, for the purpose of making payments, including

11  federal matching funds, through the Medicaid outpatient

12  reimbursement methodologies. Funds received from state

13  entities and local governments for this purpose shall be

14  separately accounted for and shall not be commingled with

15  other state or local funds in any manner.

16         (c)  Hospitals that provide services to a

17  disproportionate share of low-income Medicaid recipients, or

18  that participate in the regional perinatal intensive care

19  center program under chapter 383, or that participate in the

20  statutory teaching hospital disproportionate share program may

21  receive additional reimbursement. The total amount of payment

22  for disproportionate share hospitals shall be fixed by the

23  General Appropriations Act. The computation of these payments

24  must be made in compliance with all federal regulations and

25  the methodologies described in ss. 409.911, 409.9112, and

26  409.9113.

27         (d)  The agency is authorized to limit inflationary

28  increases for outpatient hospital services as directed by the

29  General Appropriations Act.

30         (2)(a)1.  Reimbursement to nursing homes licensed under

31  part II of chapter 400 and state-owned-and-operated


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    CS for CS for SB 404                           First Engrossed



 1  intermediate care facilities for the developmentally disabled

 2  licensed under chapter 393 must be made prospectively.

 3         2.  Unless otherwise limited or directed in the General

 4  Appropriations Act, reimbursement to hospitals licensed under

 5  part I of chapter 395 for the provision of swing-bed nursing

 6  home services must be made on the basis of the average

 7  statewide nursing home payment, and reimbursement to a

 8  hospital licensed under part I of chapter 395 for the

 9  provision of skilled nursing services must be made on the

10  basis of the average nursing home payment for those services

11  in the county in which the hospital is located. When a

12  hospital is located in a county that does not have any

13  community nursing homes, reimbursement must be determined by

14  averaging the nursing home payments, in counties that surround

15  the county in which the hospital is located. Reimbursement to

16  hospitals, including Medicaid payment of Medicare copayments,

17  for skilled nursing services shall be limited to 30 days,

18  unless a prior authorization has been obtained from the

19  agency. Medicaid reimbursement may be extended by the agency

20  beyond 30 days, and approval must be based upon verification

21  by the patient's physician that the patient requires

22  short-term rehabilitative and recuperative services only, in

23  which case an extension of no more than 15 days may be

24  approved. Reimbursement to a hospital licensed under part I of

25  chapter 395 for the temporary provision of skilled nursing

26  services to nursing home residents who have been displaced as

27  the result of a natural disaster or other emergency may not

28  exceed the average county nursing home payment for those

29  services in the county in which the hospital is located and is

30  limited to the period of time which the agency considers

31  


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    CS for CS for SB 404                           First Engrossed



 1  necessary for continued placement of the nursing home

 2  residents in the hospital.

 3         (b)  Subject to any limitations or directions provided

 4  for in the General Appropriations Act, the agency shall

 5  establish and implement a Florida Title XIX Long-Term Care

 6  Reimbursement Plan (Medicaid) for nursing home care in order

 7  to provide care and services in conformance with the

 8  applicable state and federal laws, rules, regulations, and

 9  quality and safety standards and to ensure that individuals

10  eligible for medical assistance have reasonable geographic

11  access to such care.

12         1.  Changes of ownership or of licensed operator do not

13  qualify for increases in reimbursement rates associated with

14  the change of ownership or of licensed operator. The agency

15  shall amend the Title XIX Long Term Care Reimbursement Plan to

16  provide that the initial nursing home reimbursement rates, for

17  the operating, patient care, and MAR components, associated

18  with related and unrelated party changes of ownership or

19  licensed operator filed on or after September 1, 2001, are

20  equivalent to the previous owner's reimbursement rate.

21         2.  The agency shall amend the long-term care

22  reimbursement plan and cost reporting system to create direct

23  care and indirect care subcomponents of the patient care

24  component of the per diem rate. These two subcomponents

25  together shall equal the patient care component of the per

26  diem rate. Separate cost-based ceilings shall be calculated

27  for each patient care subcomponent. The direct care

28  subcomponent of the per diem rate shall be limited by the

29  cost-based class ceiling, and the indirect care subcomponent

30  shall be limited by the lower of the cost-based class ceiling,

31  by the target rate class ceiling, or by the individual


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    CS for CS for SB 404                           First Engrossed



 1  provider target. The agency shall adjust the patient care

 2  component effective January 1, 2002. The cost to adjust the

 3  direct care subcomponent shall be net of the total funds

 4  previously allocated for the case mix add-on. The agency shall

 5  make the required changes to the nursing home cost reporting

 6  forms to implement this requirement effective January 1, 2002.

 7         3.  The direct care subcomponent shall include salaries

 8  and benefits of direct care staff providing nursing services

 9  including registered nurses, licensed practical nurses, and

10  certified nursing assistants who deliver care directly to

11  residents in the nursing home facility. This excludes nursing

12  administration, minimum data set MDS, and care plan

13  coordinators, staff development, and staffing coordinator.

14         4.  All other patient care costs shall be included in

15  the indirect care cost subcomponent of the patient care per

16  diem rate. There shall be no costs directly or indirectly

17  allocated to the direct care subcomponent from a home office

18  or management company.

19         5.  On July 1 of each year, the agency shall report to

20  the Legislature direct and indirect care costs, including

21  average direct and indirect care costs per resident per

22  facility and direct care and indirect care salaries and

23  benefits per category of staff member per facility.

24         6.  In order to offset the cost of general and

25  professional liability insurance, the agency shall amend the

26  plan to allow for interim rate adjustments to reflect

27  increases in the cost of general or professional liability

28  insurance for nursing homes. This provision shall be

29  implemented to the extent existing appropriations are

30  available.

31  


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    CS for CS for SB 404                           First Engrossed



 1  It is the intent of the Legislature that the reimbursement

 2  plan achieve the goal of providing access to health care for

 3  nursing home residents who require large amounts of care while

 4  encouraging diversion services as an alternative to nursing

 5  home care for residents who can be served within the

 6  community. The agency shall base the establishment of any

 7  maximum rate of payment, whether overall or component, on the

 8  available moneys as provided for in the General Appropriations

 9  Act. The agency may base the maximum rate of payment on the

10  results of scientifically valid analysis and conclusions

11  derived from objective statistical data pertinent to the

12  particular maximum rate of payment.

13         (3)  Subject to any limitations or directions provided

14  for in the General Appropriations Act, the following Medicaid

15  services and goods may be reimbursed on a fee-for-service

16  basis. For each allowable service or goods furnished in

17  accordance with Medicaid rules, policy manuals, handbooks, and

18  state and federal law, the payment shall be the amount billed

19  by the provider, the provider's usual and customary charge, or

20  the maximum allowable fee established by the agency, whichever

21  amount is less, with the exception of those services or goods

22  for which the agency makes payment using a methodology based

23  on capitation rates, average costs, or negotiated fees.

24         (a)  Advanced registered nurse practitioner services.

25         (b)  Birth center services.

26         (c)  Chiropractic services.

27         (d)  Community mental health services.

28         (e)  Dental services, including oral and maxillofacial

29  surgery.

30         (f)  Durable medical equipment.

31         (g)  Hearing services.


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    CS for CS for SB 404                           First Engrossed



 1         (h)  Occupational therapy for Medicaid recipients under

 2  age 21.

 3         (i)  Optometric services.

 4         (j)  Orthodontic services.

 5         (k)  Personal care for Medicaid recipients under age

 6  21.

 7         (l)  Physical therapy for Medicaid recipients under age

 8  21.

 9         (m)  Physician assistant services.

10         (n)  Podiatric services.

11         (o)  Portable X-ray services.

12         (p)  Private-duty nursing for Medicaid recipients under

13  age 21.

14         (q)  Registered nurse first assistant services.

15         (r)  Respiratory therapy for Medicaid recipients under

16  age 21.

17         (s)  Speech therapy for Medicaid recipients under age

18  21.

19         (t)  Visual services.

20         (4)  Subject to any limitations or directions provided

21  for in the General Appropriations Act, alternative health

22  plans, health maintenance organizations, and prepaid health

23  plans shall be reimbursed a fixed, prepaid amount negotiated,

24  or competitively bid pursuant to s. 287.057, by the agency and

25  prospectively paid to the provider monthly for each Medicaid

26  recipient enrolled.  The amount may not exceed the average

27  amount the agency determines it would have paid, based on

28  claims experience, for recipients in the same or similar

29  category of eligibility. The agency shall calculate capitation

30  rates on a regional basis and, beginning September 1, 1995,

31  shall include age-band differentials in such calculations.


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    CS for CS for SB 404                           First Engrossed



 1         (5)  An ambulatory surgical center shall be reimbursed

 2  the lesser of the amount billed by the provider or the

 3  Medicare-established allowable amount for the facility.

 4         (6)  A provider of early and periodic screening,

 5  diagnosis, and treatment services to Medicaid recipients who

 6  are children under age 21 shall be reimbursed using an

 7  all-inclusive rate stipulated in a fee schedule established by

 8  the agency. A provider of the visual, dental, and hearing

 9  components of such services shall be reimbursed the lesser of

10  the amount billed by the provider or the Medicaid maximum

11  allowable fee established by the agency.

12         (7)  A provider of family planning services shall be

13  reimbursed the lesser of the amount billed by the provider or

14  an all-inclusive amount per type of visit for physicians and

15  advanced registered nurse practitioners, as established by the

16  agency in a fee schedule.

17         (8)  A provider of home-based or community-based

18  services rendered pursuant to a federally approved waiver

19  shall be reimbursed based on an established or negotiated rate

20  for each service. These rates shall be established according

21  to an analysis of the expenditure history and prospective

22  budget developed by each contract provider participating in

23  the waiver program, or under any other methodology adopted by

24  the agency and approved by the Federal Government in

25  accordance with the waiver. Effective July 1, 1996, privately

26  owned and operated community-based residential facilities

27  which meet agency requirements and which formerly received

28  Medicaid reimbursement for the optional intermediate care

29  facility for the mentally retarded service may participate in

30  the developmental services waiver as part of a

31  


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    CS for CS for SB 404                           First Engrossed



 1  home-and-community-based continuum of care for Medicaid

 2  recipients who receive waiver services.

 3         (9)  A provider of home health care services or of

 4  medical supplies and appliances shall be reimbursed on the

 5  basis of competitive bidding or for the lesser of the amount

 6  billed by the provider or the agency's established maximum

 7  allowable amount, except that, in the case of the rental of

 8  durable medical equipment, the total rental payments may not

 9  exceed the purchase price of the equipment over its expected

10  useful life or the agency's established maximum allowable

11  amount, whichever amount is less.

12         (10)  A hospice shall be reimbursed through a

13  prospective system for each Medicaid hospice patient at

14  Medicaid rates using the methodology established for hospice

15  reimbursement pursuant to Title XVIII of the federal Social

16  Security Act.

17         (11)  A provider of independent laboratory services

18  shall be reimbursed on the basis of competitive bidding or for

19  the least of the amount billed by the provider, the provider's

20  usual and customary charge, or the Medicaid maximum allowable

21  fee established by the agency.

22         (12)(a)  A physician shall be reimbursed the lesser of

23  the amount billed by the provider or the Medicaid maximum

24  allowable fee established by the agency.

25         (b)  The agency shall adopt a fee schedule, subject to

26  any limitations or directions provided for in the General

27  Appropriations Act, based on a resource-based relative value

28  scale for pricing Medicaid physician services. Under this fee

29  schedule, physicians shall be paid a dollar amount for each

30  service based on the average resources required to provide the

31  service, including, but not limited to, estimates of average


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    CS for CS for SB 404                           First Engrossed



 1  physician time and effort, practice expense, and the costs of

 2  professional liability insurance.  The fee schedule shall

 3  provide increased reimbursement for preventive and primary

 4  care services and lowered reimbursement for specialty services

 5  by using at least two conversion factors, one for cognitive

 6  services and another for procedural services.  The fee

 7  schedule shall not increase total Medicaid physician

 8  expenditures unless moneys are available, and shall be phased

 9  in over a 2-year period beginning on July 1, 1994. The Agency

10  for Health Care Administration shall seek the advice of a

11  16-member advisory panel in formulating and adopting the fee

12  schedule.  The panel shall consist of Medicaid physicians

13  licensed under chapters 458 and 459 and shall be composed of

14  50 percent primary care physicians and 50 percent specialty

15  care physicians.

16         (c)  Notwithstanding paragraph (b), reimbursement fees

17  to physicians for providing total obstetrical services to

18  Medicaid recipients, which include prenatal, delivery, and

19  postpartum care, shall be at least $1,500 per delivery for a

20  pregnant woman with low medical risk and at least $2,000 per

21  delivery for a pregnant woman with high medical risk. However,

22  reimbursement to physicians working in Regional Perinatal

23  Intensive Care Centers designated pursuant to chapter 383, for

24  services to certain pregnant Medicaid recipients with a high

25  medical risk, may be made according to obstetrical care and

26  neonatal care groupings and rates established by the agency.

27  Nurse midwives licensed under part I of chapter 464 or

28  midwives licensed under chapter 467 shall be reimbursed at no

29  less than 80 percent of the low medical risk fee. The agency

30  shall by rule determine, for the purpose of this paragraph,

31  what constitutes a high or low medical risk pregnant woman and


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    CS for CS for SB 404                           First Engrossed



 1  shall not pay more based solely on the fact that a caesarean

 2  section was performed, rather than a vaginal delivery. The

 3  agency shall by rule determine a prorated payment for

 4  obstetrical services in cases where only part of the total

 5  prenatal, delivery, or postpartum care was performed. The

 6  Department of Health shall adopt rules for appropriate

 7  insurance coverage for midwives licensed under chapter 467.

 8  Prior to the issuance and renewal of an active license, or

 9  reactivation of an inactive license for midwives licensed

10  under chapter 467, such licensees shall submit proof of

11  coverage with each application.

12         (13)  Medicare premiums for persons eligible for both

13  Medicare and Medicaid coverage shall be paid at the rates

14  established by Title XVIII of the Social Security Act.  For

15  Medicare services rendered to Medicaid-eligible persons,

16  Medicaid shall pay Medicare deductibles and coinsurance as

17  follows:

18         (a)  Medicaid shall make no payment toward deductibles

19  and coinsurance for any service that is not covered by

20  Medicaid.

21         (b)  Medicaid's financial obligation for deductibles

22  and coinsurance payments shall be based on Medicare allowable

23  fees, not on a provider's billed charges.

24         (c)  Medicaid will pay no portion of Medicare

25  deductibles and coinsurance when payment that Medicare has

26  made for the service equals or exceeds what Medicaid would

27  have paid if it had been the sole payor.  The combined payment

28  of Medicare and Medicaid shall not exceed the amount Medicaid

29  would have paid had it been the sole payor. The Legislature

30  finds that there has been confusion regarding the

31  reimbursement for services rendered to dually eligible


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    CS for CS for SB 404                           First Engrossed



 1  Medicare beneficiaries. Accordingly, the Legislature clarifies

 2  that it has always been the intent of the Legislature before

 3  and after 1991 that, in reimbursing in accordance with fees

 4  established by Title XVIII for premiums, deductibles, and

 5  coinsurance for Medicare services rendered by physicians to

 6  Medicaid eligible persons, physicians be reimbursed at the

 7  lesser of the amount billed by the physician or the Medicaid

 8  maximum allowable fee established by the Agency for Health

 9  Care Administration, as is permitted by federal law. It has

10  never been the intent of the Legislature with regard to such

11  services rendered by physicians that Medicaid be required to

12  provide any payment for deductibles, coinsurance, or

13  copayments for Medicare cost sharing, or any expenses incurred

14  relating thereto, in excess of the payment amount provided for

15  under the State Medicaid plan for such service. This payment

16  methodology is applicable even in those situations in which

17  the payment for Medicare cost sharing for a qualified Medicare

18  beneficiary with respect to an item or service is reduced or

19  eliminated. This expression of the Legislature is in

20  clarification of existing law and shall apply to payment for,

21  and with respect to provider agreements with respect to, items

22  or services furnished on or after the effective date of this

23  act. This paragraph applies to payment by Medicaid for items

24  and services furnished before the effective date of this act

25  if such payment is the subject of a lawsuit that is based on

26  the provisions of this section, and that is pending as of, or

27  is initiated after, the effective date of this act.

28         (d)  Notwithstanding paragraphs (a)-(c):

29         1.  Medicaid payments for Nursing Home Medicare part A

30  coinsurance shall be the lesser of the Medicare coinsurance

31  amount or the Medicaid nursing home per diem rate.


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    CS for CS for SB 404                           First Engrossed



 1         2.  Medicaid shall pay all deductibles and coinsurance

 2  for Medicare-eligible recipients receiving freestanding end

 3  stage renal dialysis center services.

 4         3.  Medicaid payments for general hospital inpatient

 5  services shall be limited to the Medicare deductible per spell

 6  of illness.  Medicaid shall make no payment toward coinsurance

 7  for Medicare general hospital inpatient services.

 8         4.  Medicaid shall pay all deductibles and coinsurance

 9  for Medicare emergency transportation services provided by

10  ambulances licensed pursuant to chapter 401.

11         (14)  A provider of prescribed drugs shall be

12  reimbursed the least of the amount billed by the provider, the

13  provider's usual and customary charge, or the Medicaid maximum

14  allowable fee established by the agency, plus a dispensing

15  fee. The Medicaid maximum allowable fee for ingredient cost

16  will be based on the lower of: average wholesale price (AWP)

17  minus 15.4 percent, wholesaler acquisition cost (WAC) plus

18  5.75 percent, the federal upper limit (FUL), the state maximum

19  allowable cost (SMAC), or the usual and customary (UAC) charge

20  billed by the provider. Medicaid providers are required to

21  dispense generic drugs if available at lower cost and the

22  agency has not determined that the branded product is more

23  cost-effective, unless the prescriber has requested and

24  received approval to require the branded product. The agency

25  is directed to implement a variable dispensing fee for

26  payments for prescribed medicines while ensuring continued

27  access for Medicaid recipients. The variable dispensing fee

28  may be based upon, but not limited to, either or both the

29  volume of prescriptions dispensed by a specific pharmacy

30  provider, the volume of prescriptions dispensed to an

31  individual recipient, and dispensing of preferred-drug-list


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    CS for CS for SB 404                           First Engrossed



 1  products. The agency may increase the pharmacy dispensing fee

 2  authorized by statute and in the annual General Appropriations

 3  Act by $0.50 for the dispensing of a Medicaid

 4  preferred-drug-list product and reduce the pharmacy dispensing

 5  fee by $0.50 for the dispensing of a Medicaid product that is

 6  not included on the preferred drug list. The agency may

 7  establish a supplemental pharmaceutical dispensing fee to be

 8  paid to providers returning unused unit-dose packaged

 9  medications to stock and crediting the Medicaid program for

10  the ingredient cost of those medications if the ingredient

11  costs to be credited exceed the value of the supplemental

12  dispensing fee. The agency is authorized to limit

13  reimbursement for prescribed medicine in order to comply with

14  any limitations or directions provided for in the General

15  Appropriations Act, which may include implementing a

16  prospective or concurrent utilization review program.

17         (15)  A provider of primary care case management

18  services rendered pursuant to a federally approved waiver

19  shall be reimbursed by payment of a fixed, prepaid monthly sum

20  for each Medicaid recipient enrolled with the provider.

21         (16)  A provider of rural health clinic services and

22  federally qualified health center services shall be reimbursed

23  a rate per visit based on total reasonable costs of the

24  clinic, as determined by the agency in accordance with federal

25  regulations.

26         (17)  A provider of targeted case management services

27  shall be reimbursed pursuant to an established fee, except

28  where the Federal Government requires a public provider be

29  reimbursed on the basis of average actual costs.

30         (18)  Unless otherwise provided for in the General

31  Appropriations Act, a provider of transportation services


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    CS for CS for SB 404                           First Engrossed



 1  shall be reimbursed the lesser of the amount billed by the

 2  provider or the Medicaid maximum allowable fee established by

 3  the agency, except when the agency has entered into a direct

 4  contract with the provider, or with a community transportation

 5  coordinator, for the provision of an all-inclusive service, or

 6  when services are provided pursuant to an agreement negotiated

 7  between the agency and the provider.  The agency, as provided

 8  for in s. 427.0135, shall purchase transportation services

 9  through the community coordinated transportation system, if

10  available, unless the agency determines a more cost-effective

11  method for Medicaid clients. Nothing in this subsection shall

12  be construed to limit or preclude the agency from contracting

13  for services using a prepaid capitation rate or from

14  establishing maximum fee schedules, individualized

15  reimbursement policies by provider type, negotiated fees,

16  prior authorization, competitive bidding, increased use of

17  mass transit, or any other mechanism that the agency considers

18  efficient and effective for the purchase of services on behalf

19  of Medicaid clients, including implementing a transportation

20  eligibility process. The agency shall not be required to

21  contract with any community transportation coordinator or

22  transportation operator that has been determined by the

23  agency, the Department of Legal Affairs Medicaid Fraud Control

24  Unit, or any other state or federal agency to have engaged in

25  any abusive or fraudulent billing activities. The agency is

26  authorized to competitively procure transportation services or

27  make other changes necessary to secure approval of federal

28  waivers needed to permit federal financing of Medicaid

29  transportation services at the service matching rate rather

30  than the administrative matching rate.

31  


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    CS for CS for SB 404                           First Engrossed



 1         (19)  County health department services shall be

 2  reimbursed a rate per visit based on total reasonable costs of

 3  the clinic, as determined by the agency in accordance with

 4  federal regulations under the authority of 42 C.F.R. s.

 5  431.615.

 6         (20)  A renal dialysis facility that provides dialysis

 7  services under s. 409.906(9) must be reimbursed the lesser of

 8  the amount billed by the provider, the provider's usual and

 9  customary charge, or the maximum allowable fee established by

10  the agency, whichever amount is less.

11         (21)  The agency shall reimburse school districts which

12  certify the state match pursuant to ss. 409.9071 and 1011.70

13  for the federal portion of the school district's allowable

14  costs to deliver the services, based on the reimbursement

15  schedule. The school district shall determine the costs for

16  delivering services as authorized in ss. 409.9071 and 1011.70

17  for which the state match will be certified. Reimbursement of

18  school-based providers is contingent on such providers being

19  enrolled as Medicaid providers and meeting the qualifications

20  contained in 42 C.F.R. s. 440.110, unless otherwise waived by

21  the federal Health Care Financing Administration. Speech

22  therapy providers who are certified through the Department of

23  Education pursuant to rule 6A-4.0176, Florida Administrative

24  Code, are eligible for reimbursement for services that are

25  provided on school premises. Any employee of the school

26  district who has been fingerprinted and has received a

27  criminal background check in accordance with Department of

28  Education rules and guidelines shall be exempt from any agency

29  requirements relating to criminal background checks.

30         (22)  The agency shall request and implement Medicaid

31  waivers from the federal Health Care Financing Administration


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    CS for CS for SB 404                           First Engrossed



 1  to advance and treat a portion of the Medicaid nursing home

 2  per diem as capital for creating and operating a

 3  risk-retention group for self-insurance purposes, consistent

 4  with federal and state laws and rules.

 5         Section 10.  Section 409.9082, Florida Statutes, is

 6  created to read:

 7         409.9082  Medicaid rate-setting process.--The agency is

 8  authorized to adopt fees, rates, or other methods of payment

 9  for Medicaid goods and services which may be amended from time

10  to time consistent with the needs of the state Medicaid

11  program and any limitations or directions provided for in the

12  General Appropriations Act. The agency is not required to

13  comply with chapter 120 when setting rates and methods of

14  payment. The substance of Medicaid rates are not subject to

15  judicial review, except to the extent decisions setting rates

16  or methods of payment violate the State Constitution or

17  federal law.

18         (1)  For determining rates of payment for hospital

19  services, nursing facility services, and services for

20  intermediate care facilities for the developmentally disabled:

21         (a)  Notice of proposed rate methodologies and

22  justifications for the proposed rate methodologies shall be

23  published in the Florida Administrative Weekly.

24         1.  The notice must generally describe the proposed

25  changes in rate methodologies and the justification for change

26  so as to put interested persons on reasonable notice of

27  proposed changes of rates and methodologies and their

28  justification.

29         2.  The notice must state how or where proposed rate

30  methodologies and justifications can be obtained.

31  


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    CS for CS for SB 404                           First Engrossed



 1         3.  The notice must state that comments will be

 2  received, the period of time during which they will be

 3  received, and the person to whom they should be sent.

 4         (b)  Providers, beneficiaries and their

 5  representatives, and other concerned state residents shall be

 6  given a reasonable opportunity to review and comment on the

 7  proposed rate methodologies and justifications.

 8         (c)  Notice of final rate methodologies and

 9  justifications for such final rate methodologies shall be

10  published in the Florida Administrative Weekly. The notice

11  must generally describe the final rate methodologies and the

12  justification for change so as to put interested persons on

13  reasonable notice of the substance of final rate methodologies

14  and their justification.

15         (d)  The notice must state how or where final rate

16  methodologies and justifications can be obtained.

17         (2)  For determining all other rates or methods of

18  payment:

19         (a)  Notice shall be published in the Florida

20  Administrative Weekly at least 48 hours before the effective

21  date of the rate.

22         (b)  The notice must:

23         1.  Generally describe the proposed changes in rates or

24  methodologies and the justification for change so as to put

25  interested persons on reasonable notice of proposed changes of

26  rates and methodologies and their justification;

27         2.  Estimate any changes in annual aggregate

28  expenditures caused or anticipated by the change;

29         3.  State how or where the proposed changes in rates or

30  methodologies and the justification may be obtained; and

31         4.  State where comments may be sent.


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    CS for CS for SB 404                           First Engrossed



 1         Section 11.  Paragraphs (a) and (b) of subsection (2)

 2  and paragraph (b) of subsection (4) of section 409.911,

 3  Florida Statutes, are amended to read:

 4         409.911  Disproportionate share program.--Subject to

 5  specific allocations established within the General

 6  Appropriations Act and any limitations established pursuant to

 7  chapter 216, the agency shall distribute, pursuant to this

 8  section, moneys to hospitals providing a disproportionate

 9  share of Medicaid or charity care services by making quarterly

10  Medicaid payments as required. Notwithstanding the provisions

11  of s. 409.915, counties are exempt from contributing toward

12  the cost of this special reimbursement for hospitals serving a

13  disproportionate share of low-income patients.

14         (2)  The Agency for Health Care Administration shall

15  use the following actual audited data to determine the

16  Medicaid days and charity care to be used in calculating the

17  disproportionate share payment:

18         (a)  The average of the 1998, 1999, and 2000 audited

19  disproportionate share data to determine each hospital's

20  Medicaid days and charity care for the 2004-2005 state fiscal

21  year and the average of the 1999, 2000, and 2001 audited

22  disproportionate share data to determine the Medicaid days and

23  charity care for the 2005-2006 state fiscal year.

24         (b)  If the Agency for Health Care Administration does

25  not have the prescribed 3 years of audited disproportionate

26  share data as noted in paragraph (a) for a hospital, the

27  agency shall use the average of the years of the audited

28  disproportionate share data as noted in paragraph (a) which is

29  available. The average of the audited disproportionate share

30  data for the years available if the Agency for Health Care

31  


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    CS for CS for SB 404                           First Engrossed



 1  Administration does not have the prescribed 3 years of audited

 2  disproportionate share data for a hospital.

 3         (4)  The following formulas shall be used to pay

 4  disproportionate share dollars to public hospitals:

 5         (b)  For non-state government owned or operated

 6  hospitals with 3,300 or more Medicaid days:

 7  

 8           DSHP = [(.82 x HCCD/TCCD) + (.18 x HMD/TMD)]

 9                             x TAAPH

10                       TAAPH = TAA - TAAMH

11  

12  Where:

13         TAA = total available appropriation.

14         TAAPH = total amount available for public hospitals.

15         DSHP = disproportionate share hospital payments.

16         HMD = hospital Medicaid days.

17         TMD = total state Medicaid days for public hospitals.

18         HCCD = hospital charity care dollars.

19         TCCD = total state charity care dollars for public

20  non-state hospitals.

21         1.  For the 2005-2006 state fiscal year only, the DSHP

22  for the public nonstate hospitals shall be computed using a

23  weighted average of the disproportionate share payments for

24  the 2004-2005 state fiscal year which uses an average of the

25  1998, 1999, and 2000 audited disproportionate share data and

26  the disproportionate share payments for the 2005-2006 state

27  fiscal year as computed using the formula above and using the

28  average of the 1999, 2000, and 2001 audited disproportionate

29  share data. The final DSHP for the public nonstate hospitals

30  shall be computed as an average using the calculated payments

31  for the 2005-2006 state fiscal year weighted at 65 percent and


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    CS for CS for SB 404                           First Engrossed



 1  the disproportionate share payments for the 2004-2005 state

 2  fiscal year weighted at 35 percent.

 3         2.  The TAAPH shall be reduced by $6,365,257 before

 4  computing the DSHP for each public hospital. The $6,365,257

 5  shall be distributed equally between the public hospitals that

 6  are also designated statutory teaching hospitals.

 7         Section 12.  Section 409.9112, Florida Statutes, is

 8  amended to read:

 9         409.9112  Disproportionate share program for regional

10  perinatal intensive care centers.--In addition to the payments

11  made under s. 409.911, the Agency for Health Care

12  Administration shall design and implement a system of making

13  disproportionate share payments to those hospitals that

14  participate in the regional perinatal intensive care center

15  program established pursuant to chapter 383. This system of

16  payments shall conform with federal requirements and shall

17  distribute funds in each fiscal year for which an

18  appropriation is made by making quarterly Medicaid payments.

19  Notwithstanding the provisions of s. 409.915, counties are

20  exempt from contributing toward the cost of this special

21  reimbursement for hospitals serving a disproportionate share

22  of low-income patients. For the state fiscal year 2005-2006

23  2004-2005, the agency shall not distribute moneys under the

24  regional perinatal intensive care centers disproportionate

25  share program, except as noted in subsection (2). In the event

26  the Centers for Medicare and Medicaid Services do not approve

27  Florida's inpatient hospital state plan amendment for the

28  public disproportionate share program by January 1, 2005, the

29  agency may make payments to hospitals under the regional

30  perinatal intensive care centers disproportionate share

31  program.


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    CS for CS for SB 404                           First Engrossed



 1         (1)  The following formula shall be used by the agency

 2  to calculate the total amount earned for hospitals that

 3  participate in the regional perinatal intensive care center

 4  program:

 5  

 6                         TAE = HDSP/THDSP

 7  

 8  Where:

 9         TAE = total amount earned by a regional perinatal

10  intensive care center.

11         HDSP = the prior state fiscal year regional perinatal

12  intensive care center disproportionate share payment to the

13  individual hospital.

14         THDSP = the prior state fiscal year total regional

15  perinatal intensive care center disproportionate share

16  payments to all hospitals.

17  

18         (2)  The total additional payment for hospitals that

19  participate in the regional perinatal intensive care center

20  program shall be calculated by the agency as follows:

21  

22                          TAP = TAE x TA

23  

24  Where:

25         TAP = total additional payment for a regional perinatal

26  intensive care center.

27         TAE = total amount earned by a regional perinatal

28  intensive care center.

29         TA = total appropriation for the regional perinatal

30  intensive care center disproportionate share program.

31  


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    CS for CS for SB 404                           First Engrossed



 1         (3)  In order to receive payments under this section, a

 2  hospital must be participating in the regional perinatal

 3  intensive care center program pursuant to chapter 383 and must

 4  meet the following additional requirements:

 5         (a)  Agree to conform to all departmental and agency

 6  requirements to ensure high quality in the provision of

 7  services, including criteria adopted by departmental and

 8  agency rule concerning staffing ratios, medical records,

 9  standards of care, equipment, space, and such other standards

10  and criteria as the department and agency deem appropriate as

11  specified by rule.

12         (b)  Agree to provide information to the department and

13  agency, in a form and manner to be prescribed by rule of the

14  department and agency, concerning the care provided to all

15  patients in neonatal intensive care centers and high-risk

16  maternity care.

17         (c)  Agree to accept all patients for neonatal

18  intensive care and high-risk maternity care, regardless of

19  ability to pay, on a functional space-available basis.

20         (d)  Agree to develop arrangements with other maternity

21  and neonatal care providers in the hospital's region for the

22  appropriate receipt and transfer of patients in need of

23  specialized maternity and neonatal intensive care services.

24         (e)  Agree to establish and provide a developmental

25  evaluation and services program for certain high-risk

26  neonates, as prescribed and defined by rule of the department.

27         (f)  Agree to sponsor a program of continuing education

28  in perinatal care for health care professionals within the

29  region of the hospital, as specified by rule.

30         (g)  Agree to provide backup and referral services to

31  the department's county health departments and other


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    CS for CS for SB 404                           First Engrossed



 1  low-income perinatal providers within the hospital's region,

 2  including the development of written agreements between these

 3  organizations and the hospital.

 4         (h)  Agree to arrange for transportation for high-risk

 5  obstetrical patients and neonates in need of transfer from the

 6  community to the hospital or from the hospital to another more

 7  appropriate facility.

 8         (4)  Hospitals which fail to comply with any of the

 9  conditions in subsection (3) or the applicable rules of the

10  department and agency shall not receive any payments under

11  this section until full compliance is achieved.  A hospital

12  which is not in compliance in two or more consecutive quarters

13  shall not receive its share of the funds.  Any forfeited funds

14  shall be distributed by the remaining participating regional

15  perinatal intensive care center program hospitals.

16         Section 13.  Section 409.9113, Florida Statutes, is

17  amended to read:

18         409.9113  Disproportionate share program for teaching

19  hospitals.--In addition to the payments made under ss. 409.911

20  and 409.9112, the Agency for Health Care Administration shall

21  make disproportionate share payments to statutorily defined

22  teaching hospitals for their increased costs associated with

23  medical education programs and for tertiary health care

24  services provided to the indigent. This system of payments

25  shall conform with federal requirements and shall distribute

26  funds in each fiscal year for which an appropriation is made

27  by making quarterly Medicaid payments. Notwithstanding s.

28  409.915, counties are exempt from contributing toward the cost

29  of this special reimbursement for hospitals serving a

30  disproportionate share of low-income patients. For the state

31  fiscal year 2005-2006 2004-2005, the agency shall not


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    CS for CS for SB 404                           First Engrossed



 1  distribute moneys under the teaching hospital disproportionate

 2  share program, except as noted in subsection (2). In the event

 3  the Centers for Medicare and Medicaid Services do not approve

 4  Florida's inpatient hospital state plan amendment for the

 5  public disproportionate share program by January 1, 2005, the

 6  agency may make payments to hospitals under the teaching

 7  hospital disproportionate share program.

 8         (1)  On or before September 15 of each year, the Agency

 9  for Health Care Administration shall calculate an allocation

10  fraction to be used for distributing funds to state statutory

11  teaching hospitals. Subsequent to the end of each quarter of

12  the state fiscal year, the agency shall distribute to each

13  statutory teaching hospital, as defined in s. 408.07, an

14  amount determined by multiplying one-fourth of the funds

15  appropriated for this purpose by the Legislature times such

16  hospital's allocation fraction.  The allocation fraction for

17  each such hospital shall be determined by the sum of three

18  primary factors, divided by three. The primary factors are:

19         (a)  The number of nationally accredited graduate

20  medical education programs offered by the hospital, including

21  programs accredited by the Accreditation Council for Graduate

22  Medical Education and the combined Internal Medicine and

23  Pediatrics programs acceptable to both the American Board of

24  Internal Medicine and the American Board of Pediatrics at the

25  beginning of the state fiscal year preceding the date on which

26  the allocation fraction is calculated.  The numerical value of

27  this factor is the fraction that the hospital represents of

28  the total number of programs, where the total is computed for

29  all state statutory teaching hospitals.

30         (b)  The number of full-time equivalent trainees in the

31  hospital, which comprises two components:


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    CS for CS for SB 404                           First Engrossed



 1         1.  The number of trainees enrolled in nationally

 2  accredited graduate medical education programs, as defined in

 3  paragraph (a).  Full-time equivalents are computed using the

 4  fraction of the year during which each trainee is primarily

 5  assigned to the given institution, over the state fiscal year

 6  preceding the date on which the allocation fraction is

 7  calculated. The numerical value of this factor is the fraction

 8  that the hospital represents of the total number of full-time

 9  equivalent trainees enrolled in accredited graduate programs,

10  where the total is computed for all state statutory teaching

11  hospitals.

12         2.  The number of medical students enrolled in

13  accredited colleges of medicine and engaged in clinical

14  activities, including required clinical clerkships and

15  clinical electives.  Full-time equivalents are computed using

16  the fraction of the year during which each trainee is

17  primarily assigned to the given institution, over the course

18  of the state fiscal year preceding the date on which the

19  allocation fraction is calculated. The numerical value of this

20  factor is the fraction that the given hospital represents of

21  the total number of full-time equivalent students enrolled in

22  accredited colleges of medicine, where the total is computed

23  for all state statutory teaching hospitals.

24  

25  The primary factor for full-time equivalent trainees is

26  computed as the sum of these two components, divided by two.

27         (c)  A service index that comprises three components:

28         1.  The Agency for Health Care Administration Service

29  Index, computed by applying the standard Service Inventory

30  Scores established by the Agency for Health Care

31  Administration to services offered by the given hospital, as


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    CS for CS for SB 404                           First Engrossed



 1  reported on Worksheet A-2 for the last fiscal year reported to

 2  the agency before the date on which the allocation fraction is

 3  calculated.  The numerical value of this factor is the

 4  fraction that the given hospital represents of the total

 5  Agency for Health Care Administration Service Index values,

 6  where the total is computed for all state statutory teaching

 7  hospitals.

 8         2.  A volume-weighted service index, computed by

 9  applying the standard Service Inventory Scores established by

10  the Agency for Health Care Administration to the volume of

11  each service, expressed in terms of the standard units of

12  measure reported on Worksheet A-2 for the last fiscal year

13  reported to the agency before the date on which the allocation

14  factor is calculated.  The numerical value of this factor is

15  the fraction that the given hospital represents of the total

16  volume-weighted service index values, where the total is

17  computed for all state statutory teaching hospitals.

18         3.  Total Medicaid payments to each hospital for direct

19  inpatient and outpatient services during the fiscal year

20  preceding the date on which the allocation factor is

21  calculated.  This includes payments made to each hospital for

22  such services by Medicaid prepaid health plans, whether the

23  plan was administered by the hospital or not.  The numerical

24  value of this factor is the fraction that each hospital

25  represents of the total of such Medicaid payments, where the

26  total is computed for all state statutory teaching hospitals.

27  

28  The primary factor for the service index is computed as the

29  sum of these three components, divided by three.

30         (2)  By October 1 of each year, the agency shall use

31  the following formula to calculate the maximum additional


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    CS for CS for SB 404                           First Engrossed



 1  disproportionate share payment for statutorily defined

 2  teaching hospitals:

 3  

 4                          TAP = THAF x A

 5  

 6  Where:

 7         TAP = total additional payment.

 8         THAF = teaching hospital allocation factor.

 9         A = amount appropriated for a teaching hospital

10  disproportionate share program.

11         Section 14.  Section 409.9117, Florida Statutes, is

12  amended to read:

13         409.9117  Primary care disproportionate share

14  program.--For the state fiscal year 2005-2006 2004-2005, the

15  agency shall not distribute moneys under the primary care

16  disproportionate share program, except as noted in subsection

17  (2). In the event the Centers for Medicare and Medicaid

18  Services do not approve Florida's inpatient hospital state

19  plan amendment for the public disproportionate share program

20  by January 1, 2005, the agency may make payments to hospitals

21  under the primary care disproportionate share program.

22         (1)  If federal funds are available for

23  disproportionate share programs in addition to those otherwise

24  provided by law, there shall be created a primary care

25  disproportionate share program.

26         (2)  The following formula shall be used by the agency

27  to calculate the total amount earned for hospitals that

28  participate in the primary care disproportionate share

29  program:

30  

31                         TAE = HDSP/THDSP


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    CS for CS for SB 404                           First Engrossed



 1  

 2  Where:

 3         TAE = total amount earned by a hospital participating

 4  in the primary care disproportionate share program.

 5         HDSP = the prior state fiscal year primary care

 6  disproportionate share payment to the individual hospital.

 7         THDSP = the prior state fiscal year total primary care

 8  disproportionate share payments to all hospitals.

 9  

10         (3)  The total additional payment for hospitals that

11  participate in the primary care disproportionate share program

12  shall be calculated by the agency as follows:

13  

14                          TAP = TAE x TA

15  

16  Where:

17         TAP = total additional payment for a primary care

18  hospital.

19         TAE = total amount earned by a primary care hospital.

20         TA = total appropriation for the primary care

21  disproportionate share program.

22  

23         (4)  In the establishment and funding of this program,

24  the agency shall use the following criteria in addition to

25  those specified in s. 409.911, payments may not be made to a

26  hospital unless the hospital agrees to:

27         (a)  Cooperate with a Medicaid prepaid health plan, if

28  one exists in the community.

29         (b)  Ensure the availability of primary and specialty

30  care physicians to Medicaid recipients who are not enrolled in

31  


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    CS for CS for SB 404                           First Engrossed



 1  a prepaid capitated arrangement and who are in need of access

 2  to such physicians.

 3         (c)  Coordinate and provide primary care services free

 4  of charge, except copayments, to all persons with incomes up

 5  to 100 percent of the federal poverty level who are not

 6  otherwise covered by Medicaid or another program administered

 7  by a governmental entity, and to provide such services based

 8  on a sliding fee scale to all persons with incomes up to 200

 9  percent of the federal poverty level who are not otherwise

10  covered by Medicaid or another program administered by a

11  governmental entity, except that eligibility may be limited to

12  persons who reside within a more limited area, as agreed to by

13  the agency and the hospital.

14         (d)  Contract with any federally qualified health

15  center, if one exists within the agreed geopolitical

16  boundaries, concerning the provision of primary care services,

17  in order to guarantee delivery of services in a nonduplicative

18  fashion, and to provide for referral arrangements, privileges,

19  and admissions, as appropriate.  The hospital shall agree to

20  provide at an onsite or offsite facility primary care services

21  within 24 hours to which all Medicaid recipients and persons

22  eligible under this paragraph who do not require emergency

23  room services are referred during normal daylight hours.

24         (e)  Cooperate with the agency, the county, and other

25  entities to ensure the provision of certain public health

26  services, case management, referral and acceptance of

27  patients, and sharing of epidemiological data, as the agency

28  and the hospital find mutually necessary and desirable to

29  promote and protect the public health within the agreed

30  geopolitical boundaries.

31  


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    CS for CS for SB 404                           First Engrossed



 1         (f)  In cooperation with the county in which the

 2  hospital resides, develop a low-cost, outpatient, prepaid

 3  health care program to persons who are not eligible for the

 4  Medicaid program, and who reside within the area.

 5         (g)  Provide inpatient services to residents within the

 6  area who are not eligible for Medicaid or Medicare, and who do

 7  not have private health insurance, regardless of ability to

 8  pay, on the basis of available space, except that nothing

 9  shall prevent the hospital from establishing bill collection

10  programs based on ability to pay.

11         (h)  Work with the Florida Healthy Kids Corporation,

12  the Florida Health Care Purchasing Cooperative, and business

13  health coalitions, as appropriate, to develop a feasibility

14  study and plan to provide a low-cost comprehensive health

15  insurance plan to persons who reside within the area and who

16  do not have access to such a plan.

17         (i)  Work with public health officials and other

18  experts to provide community health education and prevention

19  activities designed to promote healthy lifestyles and

20  appropriate use of health services.

21         (j)  Work with the local health council to develop a

22  plan for promoting access to affordable health care services

23  for all persons who reside within the area, including, but not

24  limited to, public health services, primary care services,

25  inpatient services, and affordable health insurance generally.

26  

27  Any hospital that fails to comply with any of the provisions

28  of this subsection, or any other contractual condition, may

29  not receive payments under this section until full compliance

30  is achieved.

31  


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    CS for CS for SB 404                           First Engrossed



 1         Section 15.  Section 409.91195, Florida Statutes, is

 2  amended to read:

 3         409.91195  Medicaid Pharmaceutical and Therapeutics

 4  Committee.--There is created a Medicaid Pharmaceutical and

 5  Therapeutics Committee within the agency for Health Care

 6  Administration for the purpose of developing a Medicaid

 7  preferred drug list formulary pursuant to 42 U.S.C. s.

 8  1396r-8.

 9         (1)  The Medicaid Pharmaceutical and Therapeutics

10  committee shall be composed comprised as specified in 42

11  U.S.C. s. 1396r-8 and consist of 11 members appointed by the

12  Governor. Four members shall be physicians, licensed under

13  chapter 458; one member licensed under chapter 459; five

14  members shall be pharmacists licensed under chapter 465; and

15  one member shall be a consumer representative. The members

16  shall be appointed to serve for terms of 2 years from the date

17  of their appointment. Members may be appointed to more than

18  one term. The agency for Health Care Administration shall

19  serve as staff for the committee and assist them with all

20  ministerial duties. The Governor shall ensure that at least

21  some of the members of the Medicaid Pharmaceutical and

22  Therapeutics committee represent Medicaid participating

23  physicians and pharmacies serving all segments and diversity

24  of the Medicaid population, and have experience in either

25  developing or practicing under a preferred drug list

26  formulary. At least one of the members shall represent the

27  interests of pharmaceutical manufacturers.

28         (2)  Committee members shall select a chairperson and a

29  vice chairperson each year from the committee membership.

30         (3)  The committee shall meet at least quarterly and

31  may meet at other times at the discretion of the chairperson


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    CS for CS for SB 404                           First Engrossed



 1  and members. The committee shall comply with rules adopted by

 2  the agency, including notice of any meeting of the committee

 3  pursuant to the requirements of the Administrative Procedure

 4  Act.

 5         (4)  Upon recommendation of the Medicaid Pharmaceutical

 6  and Therapeutics committee, the agency shall adopt a preferred

 7  drug list as described in s. 409.912(39). To the extent

 8  feasible, the committee shall review all drug classes included

 9  on in the preferred drug list formulary at least every 12

10  months, and may recommend additions to and deletions from the

11  preferred drug list formulary, such that the preferred drug

12  list formulary provides for medically appropriate drug

13  therapies for Medicaid patients which achieve cost savings

14  contained in the General Appropriations Act.

15         (5)  Except for mental health-related drugs,

16  antiretroviral drugs, and drugs for nursing home residents and

17  other institutional residents, reimbursement of drugs not

18  included on the preferred drug list in the formulary is

19  subject to prior authorization.

20         (5)(6)  The agency for Health Care Administration shall

21  publish and disseminate the preferred drug list formulary to

22  all Medicaid providers in the state by Internet posting on the

23  agency's website or in other media.

24         (6)(7)  The committee shall ensure that interested

25  parties, including pharmaceutical manufacturers agreeing to

26  provide a supplemental rebate as outlined in this chapter,

27  have an opportunity to present public testimony to the

28  committee with information or evidence supporting inclusion of

29  a product on the preferred drug list. Such public testimony

30  shall occur prior to any recommendations made by the committee

31  for inclusion or exclusion from the preferred drug list. Upon


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    CS for CS for SB 404                           First Engrossed



 1  timely notice, the agency shall ensure that any drug that has

 2  been approved or had any of its particular uses approved by

 3  the United States Food and Drug Administration under a

 4  priority review classification will be reviewed by the

 5  Medicaid Pharmaceutical and Therapeutics committee at the next

 6  regularly scheduled meeting following 3 months of distribution

 7  of the drug to the general public. To the extent possible,

 8  upon notice by a manufacturer the agency shall also schedule a

 9  product review for any new product at the next regularly

10  scheduled Medicaid Pharmaceutical and Therapeutics Committee.

11         (8)  Until the Medicaid Pharmaceutical and Therapeutics

12  Committee is appointed and a preferred drug list adopted by

13  the agency, the agency shall use the existing voluntary

14  preferred drug list adopted pursuant to s. 72, chapter

15  2000-367, Laws of Florida. Drugs not listed on the voluntary

16  preferred drug list will require prior authorization by the

17  agency or its contractor.

18         (7)(9)  The Medicaid Pharmaceutical and Therapeutics

19  committee shall develop its preferred drug list

20  recommendations by considering the clinical efficacy, safety,

21  and cost-effectiveness of a product. When the preferred drug

22  formulary is adopted by the agency, if a product on the

23  formulary is one of the first four brand-name drugs used by a

24  recipient in a month the drug shall not require prior

25  authorization.

26         (8)  Upon timely notice, the agency shall ensure that

27  any therapeutic class of drugs which includes a drug that has

28  been removed from distribution to the public by its

29  manufacturer or the United States Food and Drug Administration

30  or has been required to carry a black box warning label by the

31  United States Food and Drug Administration because of safety


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    CS for CS for SB 404                           First Engrossed



 1  concerns is reviewed by the committee at the next regularly

 2  scheduled meeting. After such review, the committee must

 3  recommend whether to retain the therapeutic class of drugs or

 4  subcategories of drugs within a therapeutic class on the

 5  preferred drug list and whether to institute prior

 6  authorization requirements necessary to ensure patient safety.

 7         (9)(10)  The Medicaid Pharmaceutical and Therapeutics

 8  Committee may also make recommendations to the agency

 9  regarding the prior authorization of any prescribed drug

10  covered by Medicaid.

11         (10)(11)  Medicaid recipients may appeal agency

12  preferred drug formulary decisions using the Medicaid fair

13  hearing process administered by the Department of Children and

14  Family Services.

15         Section 16.  Paragraph (b) of subsection (4),

16  paragraphs (e) and (f) of subsection (15), paragraph (a) of

17  subsection (39), and subsections (44) and (49) of section

18  409.912, Florida Statutes, are amended, and subsection (50) is

19  added to that section, to read:

20         409.912  Cost-effective purchasing of health care.--The

21  agency shall purchase goods and services for Medicaid

22  recipients in the most cost-effective manner consistent with

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

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

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

26  the correct diagnosis for purposes of authorizing future

27  services under the Medicaid program. This section does not

28  restrict access to emergency services or poststabilization

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

30  confirmation or second opinion shall be rendered in a manner

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


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    CS for CS for SB 404                           First Engrossed



 1  prepaid per capita and prepaid aggregate fixed-sum basis

 2  services when appropriate and other alternative service

 3  delivery and reimbursement methodologies, including

 4  competitive bidding pursuant to s. 287.057, designed to

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

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

 7  minimize the exposure of recipients to the need for acute

 8  inpatient, custodial, and other institutional care and the

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

10  agency may mandate prior authorization, drug therapy

11  management, or disease management participation for certain

12  populations of Medicaid beneficiaries, certain drug classes,

13  or particular drugs to prevent fraud, abuse, overuse, and

14  possible dangerous drug interactions. The Pharmaceutical and

15  Therapeutics Committee shall make recommendations to the

16  agency on drugs for which prior authorization is required. The

17  agency shall inform the Pharmaceutical and Therapeutics

18  Committee of its decisions regarding drugs subject to prior

19  authorization. The agency is authorized to limit the entities

20  it contracts with or enrolls as Medicaid providers by

21  developing a provider network through provider credentialing.

22  The agency may limit its network based on the assessment of

23  beneficiary access to care, provider availability, provider

24  quality standards, time and distance standards for access to

25  care, the cultural competence of the provider network,

26  demographic characteristics of Medicaid beneficiaries,

27  practice and provider-to-beneficiary standards, appointment

28  wait times, beneficiary use of services, provider turnover,

29  provider profiling, provider licensure history, previous

30  program integrity investigations and findings, peer review,

31  provider Medicaid policy and billing compliance records,


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    CS for CS for SB 404                           First Engrossed



 1  clinical and medical record audits, and other factors.

 2  Providers shall not be entitled to enrollment in the Medicaid

 3  provider network. The agency is authorized to seek federal

 4  waivers necessary to implement this policy.

 5         (4)  The agency may contract with:

 6         (b)  An entity that is providing comprehensive

 7  behavioral health care services to certain Medicaid recipients

 8  through a capitated, prepaid arrangement pursuant to the

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

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

11  641 and must possess the clinical systems and operational

12  competence to manage risk and provide comprehensive behavioral

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

14  the term "comprehensive behavioral health care services" means

15  covered mental health and substance abuse treatment services

16  that are available to Medicaid recipients. The secretary of

17  the Department of Children and Family Services shall approve

18  provisions of procurements related to children in the

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

20  in a prepaid behavioral health plan. Any contract awarded

21  under this paragraph must be competitively procured. In

22  developing the behavioral health care prepaid plan procurement

23  document, the agency shall ensure that the procurement

24  document requires the contractor to develop and implement a

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

26  provided to residents of licensed assisted living facilities

27  that hold a limited mental health license. Except as provided

28  in subparagraph 8., the agency shall seek federal approval to

29  contract with a single entity meeting these requirements to

30  provide comprehensive behavioral health care services to all

31  Medicaid recipients not enrolled in a managed care plan in an


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    CS for CS for SB 404                           First Engrossed



 1  AHCA area. Each entity must offer sufficient choice of

 2  providers in its network to ensure recipient access to care

 3  and the opportunity to select a provider with whom they are

 4  satisfied. The network shall include all public mental health

 5  hospitals. To ensure unimpaired access to behavioral health

 6  care services by Medicaid recipients, all contracts issued

 7  pursuant to this paragraph shall require 80 percent of the

 8  capitation paid to the managed care plan, including health

 9  maintenance organizations, to be expended for the provision of

10  behavioral health care services. In the event the managed care

11  plan expends less than 80 percent of the capitation paid

12  pursuant to this paragraph for the provision of behavioral

13  health care services, the difference shall be returned to the

14  agency. The agency shall provide the managed care plan with a

15  certification letter indicating the amount of capitation paid

16  during each calendar year for the provision of behavioral

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

18  reimburse for substance abuse treatment services on a

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

20  funds are available for capitated, prepaid arrangements.

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

22  contracts with the entities providing comprehensive inpatient

23  and outpatient mental health care services to Medicaid

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

25  Polk Counties, to include substance abuse treatment services.

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

27  Children and Family Services shall execute a written agreement

28  that requires collaboration and joint development of all

29  policy, budgets, procurement documents, contracts, and

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

31  community mental health and targeted case management programs.


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    CS for CS for SB 404                           First Engrossed



 1         3.  Except as provided in subparagraph 8., by July 1,

 2  2006, the agency and the Department of Children and Family

 3  Services shall contract with managed care entities in each

 4  AHCA area except area 6 or arrange to provide comprehensive

 5  inpatient and outpatient mental health and substance abuse

 6  services through capitated prepaid arrangements to all

 7  Medicaid recipients who are eligible to participate in such

 8  plans under federal law and regulation. In AHCA areas where

 9  eligible individuals number less than 150,000, the agency

10  shall contract with a single managed care plan to provide

11  comprehensive behavioral health services to all recipients who

12  are not enrolled in a Medicaid health maintenance

13  organization. The agency may contract with more than one

14  comprehensive behavioral health provider to provide care to

15  recipients who are not enrolled in a Medicaid health

16  maintenance organization in AHCA areas where the eligible

17  population exceeds 150,000. Contracts for comprehensive

18  behavioral health providers awarded pursuant to this section

19  shall be competitively procured. Both for-profit and

20  not-for-profit corporations shall be eligible to compete.

21  Managed care plans contracting with the agency under

22  subsection (3) shall provide and receive payment for the same

23  comprehensive behavioral health benefits as provided in AHCA

24  rules, including handbooks incorporated by reference. In AHCA

25  Area 11, the agency shall contract with at least two

26  comprehensive behavioral health care providers to provide

27  behavioral health care to recipients in that area who are

28  enrolled in, or assigned to, the MediPass program. One of the

29  behavioral health care contracts shall be with the existing

30  provider service network pilot project, as described in

31  paragraph (d), for the purpose of demonstrating the


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    CS for CS for SB 404                           First Engrossed



 1  cost-effectiveness of the provision of quality mental health

 2  services through a public hospital-operated managed care

 3  model. Payment shall be at an agreed-upon capitated rate to

 4  ensure cost savings. Of the recipients in Area 11 who are

 5  assigned to MediPass under the provisions of s.

 6  409.9122(2)(k), a minimum of 50,000 of those MediPass-enrolled

 7  recipients shall be assigned to the existing provider service

 8  network in Area 11 for their behavioral care.

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

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

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

12  provides for the full implementation of capitated prepaid

13  behavioral health care in all areas of the state.

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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    CS for CS for SB 404                           First Engrossed



 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 or any other Medicaid managed care

 4  plan pursuant to this paragraph.

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

 6  agency shall in its procurement document require an entity

 7  providing only comprehensive behavioral health care services

 8  to prevent the displacement of indigent care patients by

 9  enrollees in the Medicaid prepaid health plan providing

10  behavioral health care services from facilities receiving

11  state funding to provide indigent behavioral health care, to

12  facilities licensed under chapter 395 which do not receive

13  state funding for indigent behavioral health care, or

14  reimburse the unsubsidized facility for the cost of behavioral

15  health care provided to the displaced indigent care patient.

16         7.  Traditional community mental health providers under

17  contract with the Department of Children and Family Services

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

19  under contract with the Department of Children and Family

20  Services in areas 1 and 6, and inpatient mental health

21  providers licensed pursuant to chapter 395 must be offered an

22  opportunity to accept or decline a contract to participate in

23  any provider network for prepaid behavioral health services.

24         8.  For fiscal year 2004-2005, all Medicaid eligible

25  children, except children in areas 1 and 6, whose cases are

26  open for child welfare services in the HomeSafeNet system,

27  shall be enrolled in MediPass or in Medicaid fee-for-service

28  and all their behavioral health care services including

29  inpatient, outpatient psychiatric, community mental health,

30  and case management shall be reimbursed on a fee-for-service

31  basis. Beginning July 1, 2005, such children, who are open for


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    CS for CS for SB 404                           First Engrossed



 1  child welfare services in the HomeSafeNet system, shall

 2  receive their behavioral health care services through a

 3  specialty prepaid plan operated by community-based lead

 4  agencies either through a single agency or formal agreements

 5  among several agencies. The specialty prepaid plan must result

 6  in savings to the state comparable to savings achieved in

 7  other Medicaid managed care and prepaid programs. Such plan

 8  must provide mechanisms to maximize state and local revenues.

 9  The specialty prepaid plan shall be developed by the agency

10  and the Department of Children and Family Services. The agency

11  is authorized to seek any federal waivers to implement this

12  initiative.

13         (15)

14         (e)  By January 15 of each year, the agency shall

15  submit a report to the Legislature and the Office of

16  Long-Term-Care Policy describing the operations of the CARES

17  program. The report must describe:

18         1.  Rate of diversion to community alternative

19  programs;

20         2.  CARES program staffing needs to achieve additional

21  diversions;

22         3.  Reasons the program is unable to place individuals

23  in less restrictive settings when such individuals desired

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

25         4.  Barriers to appropriate placement, including

26  barriers due to policies or operations of other agencies or

27  state-funded programs; and

28         5.  Statutory changes necessary to ensure that

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

30  the least restrictive environment.

31  


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 1         (f)  The Department of Elderly Affairs shall track

 2  individuals over time who are assessed under the CARES program

 3  and who are diverted from nursing home placement. By January

 4  15 of each year, the department shall submit to the

 5  Legislature and the Office of Long-Term-Care Policy a

 6  longitudinal study of the individuals who are diverted from

 7  nursing home placement. The study must include:

 8         1.  The demographic characteristics of the individuals

 9  assessed and diverted from nursing home placement, including,

10  but not limited to, age, race, gender, frailty, caregiver

11  status, living arrangements, and geographic location;

12         2.  A summary of community services provided to

13  individuals for 1 year after assessment and diversion;

14         3.  A summary of inpatient hospital admissions for

15  individuals who have been diverted; and

16         4.  A summary of the length of time between diversion

17  and subsequent entry into a nursing home or death.

18         (39)(a)  The agency shall implement a Medicaid

19  prescribed-drug spending-control program that includes the

20  following components:

21         1.  A Medicaid preferred drug list, which shall be a

22  listing of cost-effective therapeutic options recommended by

23  the Medicaid Pharmacy and Therapeutics Committee established

24  pursuant to s. 409.91195 and adopted by the agency for each

25  therapeutic class on the preferred drug list. At the

26  discretion of the committee, and when feasible, the preferred

27  drug list should include at least two products in a

28  therapeutic class. Medicaid prescribed-drug coverage for

29  brand-name drugs for adult Medicaid recipients is limited to

30  the dispensing of four brand-name drugs per month per

31  recipient. Children are exempt from this restriction.


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 1  Antiretroviral agents are excluded from the preferred drug

 2  list this limitation. No requirements for prior authorization

 3  or other restrictions on medications used to treat mental

 4  illnesses such as schizophrenia, severe depression, or bipolar

 5  disorder may be imposed on Medicaid recipients. Medications

 6  that will be available without restriction for persons with

 7  mental illnesses include atypical antipsychotic medications,

 8  conventional antipsychotic medications, selective serotonin

 9  reuptake inhibitors, and other medications used for the

10  treatment of serious mental illnesses. The agency shall also

11  limit the amount of a prescribed drug dispensed to no more

12  than a 34-day supply unless the drug products' smallest

13  marketed package is greater than a 34-day supply, or the drug

14  is determined by the agency to be a maintenance drug in which

15  case a 100-day maximum supply may be authorized. The agency is

16  authorized to seek any federal waivers necessary to implement

17  these cost-control programs and to continue participation in

18  the federal Medicaid rebate program, or alternatively to

19  negotiate state-only manufacturer rebates. The agency may

20  adopt rules to implement this subparagraph. The agency shall

21  continue to provide unlimited generic drugs, contraceptive

22  drugs and items, and diabetic supplies. Although a drug may be

23  included on the preferred drug formulary, it would not be

24  exempt from the four-brand limit. The agency may authorize

25  exceptions to the brand-name-drug restriction based upon the

26  treatment needs of the patients, only when such exceptions are

27  based on prior consultation provided by the agency or an

28  agency contractor, but The agency must establish procedures to

29  ensure that:

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

31  consultation by telephone or other telecommunication device


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    CS for CS for SB 404                           First Engrossed



 1  within 24 hours after receipt of a request for prior

 2  consultation; and

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

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

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

 6  and

 7         c.  Except for the exception for nursing home residents

 8  and other institutionalized adults and except for drugs on the

 9  restricted formulary for which prior authorization may be

10  sought by an institutional or community pharmacy, prior

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

12  restriction is sought by the prescriber and not by the

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

14  an institutional setting beyond the brand-name-drug

15  restriction, such approval is authorized for 12 months and

16  monthly prior authorization is not required for that patient.

17         2.  Reimbursement to pharmacies for Medicaid prescribed

18  drugs shall be set at the lesser of: the average wholesale

19  price (AWP) minus 15.4 percent, the wholesaler acquisition

20  cost (WAC) plus 5.75 percent, the federal upper limit (FUL),

21  the state maximum allowable cost (SMAC), or the usual and

22  customary (UAC) charge billed by the provider.

23         3.  The agency shall develop and implement a process

24  for managing the drug therapies of Medicaid recipients who are

25  using significant numbers of prescribed drugs each month. The

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

27  comprehensive, physician-directed medical-record reviews,

28  claims analyses, and case evaluations to determine the medical

29  necessity and appropriateness of a patient's treatment plan

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

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


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    CS for CS for SB 404                           First Engrossed



 1  Medicaid drug benefit management program shall include

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

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

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

 5  agency shall enroll any Medicaid recipient in the drug benefit

 6  management program if he or she meets the specifications of

 7  this provision and is not enrolled in a Medicaid health

 8  maintenance organization.

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

10  network based on need, competitive bidding, price

11  negotiations, credentialing, or similar criteria. The agency

12  shall give special consideration to rural areas in determining

13  the size and location of pharmacies included in the Medicaid

14  pharmacy network. A pharmacy credentialing process may include

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

16  size, patient educational programs, patient consultation,

17  disease-management services, and other characteristics. The

18  agency may impose a moratorium on Medicaid pharmacy enrollment

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

20  Medicaid-participating providers.

21         5.  The agency shall develop and implement a program

22  that requires Medicaid practitioners who prescribe drugs to

23  use a counterfeit-proof prescription pad for Medicaid

24  prescriptions. The agency shall require the use of

25  standardized counterfeit-proof prescription pads by

26  Medicaid-participating prescribers or prescribers who write

27  prescriptions for Medicaid recipients. The agency may

28  implement the program in targeted geographic areas or

29  statewide.

30         6.  The agency may enter into arrangements that require

31  manufacturers of generic drugs prescribed to Medicaid


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    CS for CS for SB 404                           First Engrossed



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

 2  average manufacturer price for the manufacturer's generic

 3  products. These arrangements shall require that if a

 4  generic-drug manufacturer pays federal rebates for

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

 6  manufacturer must provide a supplemental rebate to the state

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

 8         7.  The agency may establish a preferred drug list as

 9  described in this subsection formulary in accordance with 42

10  U.S.C. s. 1396r-8, and, pursuant to the establishment of such

11  preferred drug list formulary, it is authorized to negotiate

12  supplemental rebates from manufacturers that are in addition

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

14  at no less than 14 percent of the average manufacturer price

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

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

17  exceeds 29 percent. There is no upper limit on the

18  supplemental rebates the agency may negotiate. The agency may

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

20  competitive at lower rebate percentages. Agreement to pay the

21  minimum supplemental rebate percentage will guarantee a

22  manufacturer that the Medicaid Pharmaceutical and Therapeutics

23  Committee will consider a product for inclusion on the

24  preferred drug list formulary. However, a pharmaceutical

25  manufacturer is not guaranteed placement on the preferred drug

26  list formulary by simply paying the minimum supplemental

27  rebate. Agency decisions will be made on the clinical efficacy

28  of a drug and recommendations of the Medicaid Pharmaceutical

29  and Therapeutics Committee, as well as the price of competing

30  products minus federal and state rebates. The agency is

31  authorized to contract with an outside agency or contractor to


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    CS for CS for SB 404                           First Engrossed



 1  conduct negotiations for supplemental rebates. For the

 2  purposes of this section, the term "supplemental rebates"

 3  means cash rebates. Effective July 1, 2004, value-added

 4  programs as a substitution for supplemental rebates are

 5  prohibited. The agency is authorized to seek any federal

 6  waivers to implement this initiative.

 7         8.  The agency shall establish an advisory committee

 8  for the purposes of studying the feasibility of using a

 9  restricted drug formulary for nursing home residents and other

10  institutionalized adults. The committee shall be comprised of

11  seven members appointed by the Secretary of Health Care

12  Administration. The committee members shall include two

13  physicians licensed under chapter 458 or chapter 459; three

14  pharmacists licensed under chapter 465 and appointed from a

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

16  Pharmacy Alliance; and two pharmacists licensed under chapter

17  465.

18         8.9.  The Agency for Health Care Administration shall

19  expand home delivery of pharmacy products. To assist Medicaid

20  patients in securing their prescriptions and reduce program

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

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

23  drugs used by Medicaid patients with diabetes. Medicaid

24  recipients in the current program may obtain nondiabetes drugs

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

26  geographic area covered by the current contract. The agency

27  may seek and implement any federal waivers necessary to

28  implement this subparagraph.

29         9.10.  The agency shall limit to one dose per month any

30  drug prescribed to treat erectile dysfunction.

31  


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    CS for CS for SB 404                           First Engrossed



 1         10.a.11.a.  The agency may shall implement a Medicaid

 2  behavioral drug management system. The agency may contract

 3  with a vendor that has experience in operating behavioral drug

 4  management systems to implement this program. The agency is

 5  authorized to seek federal waivers to implement this program.

 6         b.  The agency, in conjunction with the Department of

 7  Children and Family Services, may implement the Medicaid

 8  behavioral drug management system that is designed to improve

 9  the quality of care and behavioral health prescribing

10  practices based on best practice guidelines, improve patient

11  adherence to medication plans, reduce clinical risk, and lower

12  prescribed drug costs and the rate of inappropriate spending

13  on Medicaid behavioral drugs. The program may shall include

14  the following elements:

15         (I)  Provide for the development and adoption of best

16  practice guidelines for behavioral health-related drugs such

17  as antipsychotics, antidepressants, and medications for

18  treating bipolar disorders and other behavioral conditions;

19  translate them into practice; review behavioral health

20  prescribers and compare their prescribing patterns to a number

21  of indicators that are based on national standards; and

22  determine deviations from best practice guidelines.

23         (II)  Implement processes for providing feedback to and

24  educating prescribers using best practice educational

25  materials and peer-to-peer consultation.

26         (III)  Assess Medicaid beneficiaries who are outliers

27  in their use of behavioral health drugs with regard to the

28  numbers and types of drugs taken, drug dosages, combination

29  drug therapies, and other indicators of improper use of

30  behavioral health drugs.

31  


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    CS for CS for SB 404                           First Engrossed



 1         (IV)  Alert prescribers to patients who fail to refill

 2  prescriptions in a timely fashion, are prescribed multiple

 3  same-class behavioral health drugs, and may have other

 4  potential medication problems.

 5         (V)  Track spending trends for behavioral health drugs

 6  and deviation from best practice guidelines.

 7         (VI)  Use educational and technological approaches to

 8  promote best practices, educate consumers, and train

 9  prescribers in the use of practice guidelines.

10         (VII)  Disseminate electronic and published materials.

11         (VIII)  Hold statewide and regional conferences.

12         (IX)  Implement a disease management program with a

13  model quality-based medication component for severely mentally

14  ill individuals and emotionally disturbed children who are

15  high users of care.

16         c.  If the agency is unable to negotiate a contract

17  with one or more manufacturers to finance and guarantee

18  savings associated with a behavioral drug management program

19  by September 1, 2004, the four-brand drug limit and preferred

20  drug list prior-authorization requirements shall apply to

21  mental health-related drugs, notwithstanding any provision in

22  subparagraph 1. The agency is authorized to seek federal

23  waivers to implement this policy.

24         11.12.  The agency is authorized to contract for drug

25  rebate administration, including, but not limited to,

26  calculating rebate amounts, invoicing manufacturers,

27  negotiating disputes with manufacturers, and maintaining a

28  database of rebate collections.

29         12.13.  The agency may specify the preferred daily

30  dosing form or strength for the purpose of promoting best

31  practices with regard to the prescribing of certain drugs as


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    CS for CS for SB 404                           First Engrossed



 1  specified in the General Appropriations Act and ensuring

 2  cost-effective prescribing practices.

 3         13.14.  The agency may require prior authorization for

 4  the off-label use of Medicaid-covered prescribed drugs as

 5  specified in the General Appropriations Act. The agency may,

 6  but is not required to, prior-authorize preauthorize the use

 7  of a product:

 8         a.  For an indication not approved in labeling;

 9         b.  To comply with certain clinical guidelines; or

10         c.  If the product has the potential for overuse,

11  misuse, or abuse for an indication not in the approved

12  labeling.

13  

14  The agency Prior authorization may require the prescribing

15  professional to provide information about the rationale and

16  supporting medical evidence for the off-label use of a drug.

17  The agency may post prior-authorization criteria and protocol

18  and updates to the list of drugs that are subject to prior

19  authorization on an Internet website without amending its rule

20  or engaging in additional rulemaking.

21         14.  The agency, in conjunction with the Pharmaceutical

22  and Therapeutics Committee, may require age-related prior

23  authorizations for certain prescribed drugs. The agency may

24  preauthorize the use of a drug for a recipient who may not

25  meet the age requirement or may exceed the length of therapy

26  for use of this product as recommended by the manufacturer and

27  approved by the Food and Drug Administration. Prior

28  authorization may require the prescribing professional to

29  provide information about the rationale and supporting medical

30  evidence for the use of a drug.

31  


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    CS for CS for SB 404                           First Engrossed



 1         15.  The agency shall implement a step-therapy-prior

 2  authorization-approval process for medications excluded from

 3  the preferred drug list. Medications listed on the preferred

 4  drug list must be used within the previous 12 months prior to

 5  the alternative medications that are not listed. The

 6  step-therapy-prior authorization may require the prescriber to

 7  use the medications of a similar drug class or for a similar

 8  medical indication unless contraindicated in the Food and Drug

 9  Administration labeling. The trial period between the

10  specified steps may vary according to the medical indication.

11  The step-therapy-approval process shall be developed in

12  accordance with the committee as stated in s. 409.91195(7) and

13  (8). A drug product may be approved without meeting the

14  step-therapy-prior-authorization criteria if the prescribing

15  physician provides the agency with additional written medical

16  or clinical documentation that the product is medically

17  necessary because:

18         a.  There is not a drug on the preferred drug list to

19  treat the disease or medical condition which is an acceptable

20  clinical alternative;

21         b.  The alternatives have been ineffective in the

22  treatment of the beneficiary's disease; or

23         c.  Based on historic evidence and known

24  characteristics of the patient and the drug, the drug is

25  likely to be ineffective, or the number of doses have been

26  ineffective.

27  

28  The agency shall work with the physician to determine the best

29  alternative for the patient. The agency may adopt rules

30  waiving the requirements for written clinical documentation

31  for specific drugs in limited clinical situations.


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    CS for CS for SB 404                           First Engrossed



 1         16.15.  The agency shall implement a return and reuse

 2  program for drugs dispensed by pharmacies to institutional

 3  recipients, which includes payment of a $5 restocking fee for

 4  the implementation and operation of the program. The return

 5  and reuse program shall be implemented electronically and in a

 6  manner that promotes efficiency. The program must permit a

 7  pharmacy to exclude drugs from the program if it is not

 8  practical or cost-effective for the drug to be included and

 9  must provide for the return to inventory of drugs that cannot

10  be credited or returned in a cost-effective manner.

11         (44)  The Agency for Health Care Administration shall

12  ensure that any Medicaid managed care plan as defined in s.

13  409.9122(2)(h), whether paid on a capitated basis or a shared

14  savings basis, is cost-effective. For purposes of this

15  subsection, the term "cost-effective" means that a network's

16  per-member, per-month costs to the state, including, but not

17  limited to, fee-for-service costs, administrative costs, and

18  case-management fees, if any, must be no greater than the

19  state's costs associated with contracts for Medicaid services

20  established under subsection (3), which shall be actuarially

21  adjusted for case mix, model, and service area. The agency

22  shall conduct actuarially sound audits adjusted for case mix

23  and model in order to ensure such cost-effectiveness and shall

24  publish the audit results on its Internet website and submit

25  the audit results annually to the Governor, the President of

26  the Senate, and the Speaker of the House of Representatives no

27  later than December 31 of each year. Contracts established

28  pursuant to this subsection which are not cost-effective may

29  not be renewed.

30         (49)  The agency shall contract with established

31  minority physician networks that provide services to


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 1  historically underserved minority patients. The networks must

 2  provide cost-effective Medicaid services, comply with the

 3  requirements to be a MediPass provider, and provide their

 4  primary care physicians with access to data and other

 5  management tools necessary to assist them in ensuring the

 6  appropriate use of services, including inpatient hospital

 7  services and pharmaceuticals.

 8         (a)  The agency shall provide for the development and

 9  expansion of minority physician networks in each service area

10  to provide services to Medicaid recipients who are eligible to

11  participate under federal law and rules.

12         (b)  The agency shall reimburse each minority physician

13  network as a fee-for-service provider, including the case

14  management fee for primary care, if any, or as a capitated

15  rate provider for Medicaid services. Any savings shall be

16  shared with the minority physician networks pursuant to the

17  contract.

18         (c)  For purposes of this subsection, the term

19  "cost-effective" means that a network's per-member, per-month

20  costs to the state, including, but not limited to,

21  fee-for-service costs, administrative costs, and

22  case-management fees, if any, must be no greater than the

23  state's costs associated with contracts for Medicaid services

24  established under subsection (3), which shall be actuarially

25  adjusted for case mix, model, and service area. The agency

26  shall conduct actuarially sound audits adjusted for case mix

27  and model in order to ensure such cost-effectiveness and shall

28  publish the audit results on its Internet website and submit

29  the audit results annually to the Governor, the President of

30  the Senate, and the Speaker of the House of Representatives no

31  


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 1  later than December 31. Contracts established pursuant to this

 2  subsection which are not cost-effective may not be renewed.

 3         (d)  The agency may apply for any federal waivers

 4  needed to implement this subsection.

 5         (50)  The agency shall implement a program of

 6  all-inclusive care for children. The program of all-inclusive

 7  care for children shall be established to provide in-home

 8  hospice-like support services to children diagnosed with a

 9  life-threatening illness and enrolled in the Children's

10  Medical Services network to reduce hospitalizations as

11  appropriate. The agency, in consultation with the Department

12  of Health, may implement the program of all-inclusive care for

13  children after obtaining approval from the Centers for

14  Medicare and Medicaid Services.

15         Section 17.  Paragraph (k) of subsection (2) of section

16  409.9122, Florida Statutes, is amended to read:

17         409.9122  Mandatory Medicaid managed care enrollment;

18  programs and procedures.--

19         (2)

20         (k)  When a Medicaid recipient does not choose a

21  managed care plan or MediPass provider, the agency shall

22  assign the Medicaid recipient to a managed care plan, except

23  in those counties in which there are fewer than two managed

24  care plans accepting Medicaid enrollees, in which case

25  assignment shall be to a managed care plan or a MediPass

26  provider. Medicaid recipients in counties with fewer than two

27  managed care plans accepting Medicaid enrollees who are

28  subject to mandatory assignment but who fail to make a choice

29  shall be assigned to managed care plans until an enrollment of

30  40 percent in MediPass and 60 percent in managed care plans is

31  achieved. Once that enrollment is achieved, the assignments


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 1  shall be divided in order to maintain an enrollment in

 2  MediPass and managed care plans which is in a 40 percent and

 3  60 percent proportion, respectively. In service areas 1 and 6

 4  of the Agency for Health Care Administration geographic areas

 5  where the agency is contracting for the provision of

 6  comprehensive behavioral health services through a capitated

 7  prepaid arrangement, recipients who fail to make a choice

 8  shall be assigned equally to MediPass or a managed care plan.

 9  For purposes of this paragraph, when referring to assignment,

10  the term "managed care plans" includes exclusive provider

11  organizations, provider service networks, Children's Medical

12  Services Network, minority physician networks, and pediatric

13  emergency department diversion programs authorized by this

14  chapter or the General Appropriations Act. When making

15  assignments, the agency shall take into account the following

16  criteria:

17         1.  A managed care plan has sufficient network capacity

18  to meet the need of members.

19         2.  The managed care plan or MediPass has previously

20  enrolled the recipient as a member, or one of the managed care

21  plan's primary care providers or MediPass providers has

22  previously provided health care to the recipient.

23         3.  The agency has knowledge that the member has

24  previously expressed a preference for a particular managed

25  care plan or MediPass provider as indicated by Medicaid

26  fee-for-service claims data, but has failed to make a choice.

27         4.  The managed care plan's or MediPass primary care

28  providers are geographically accessible to the recipient's

29  residence.

30  

31  


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 1         5.  The agency has authority to make mandatory

 2  assignments based on quality of service and performance of

 3  managed care plans.

 4         Section 18.  Section 409.9124, Florida Statutes, is

 5  amended to read:

 6         409.9124  Managed care reimbursement.--

 7         (1)  The agency shall develop and adopt by rule a

 8  methodology for reimbursing managed care plans.

 9         (1)(2)  Final managed care rates shall be published

10  annually prior to September 1 of each year, based on

11  methodology that:

12         (a)  Uses Medicaid's fee-for-service expenditures.

13         (b)  Is certified as an actuarially sound computation

14  of Medicaid fee-for-service expenditures for comparable groups

15  of Medicaid recipients and includes all fee-for-service

16  expenditures, including those fee-for-service expenditures

17  attributable to recipients who are enrolled for a portion of a

18  year in a managed care plan or waiver program.

19         (c)  Is compliant with applicable federal laws and

20  regulations, including, but not limited to, the requirements

21  to include an allowance for administrative expenses and to

22  account for all fee-for-service expenditures, including

23  fee-for-service expenditures for those groups enrolled for

24  part of a year.

25         (2)(3)  Each year prior to establishing new managed

26  care rates, the agency shall review all prior year adjustments

27  for changes in trend, and shall reduce or eliminate those

28  adjustments which are not reasonable and which reflect

29  policies or programs which are not in effect. In addition, the

30  agency shall apply only those policy reductions applicable to

31  the fiscal year for which the rates are being set, which can


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 1  be accurately estimated and verified by an independent

 2  actuary, and which have been implemented prior to or will be

 3  implemented during the fiscal year. The agency shall pay rates

 4  at per-member, per-month averages that equal, but do not

 5  exceed, the amounts allowed for in the General Appropriations

 6  Act applicable to the fiscal year for which the rates will be

 7  in effect.

 8         (3)(4)  The agency shall by rule prescribe those items

 9  of financial information which each managed care plan shall

10  report to the agency, in the time periods prescribed by rule.

11  In prescribing items for reporting and definitions of terms,

12  the agency shall consult with the Office of Insurance

13  Regulation of the Financial Services Commission wherever

14  possible.

15         (4)(5)  The agency shall quarterly examine the

16  financial condition of each managed care plan, and its

17  performance in serving Medicaid patients, and shall utilize

18  examinations performed by the Office of Insurance Regulation

19  wherever possible.

20         (5)  The agency shall develop two rates for children

21  under 1 year of age. One set of rates shall cover the month of

22  birth through the second complete month subsequent to the

23  month of birth, and a separate set of rates shall cover the

24  third complete month subsequent to the month of birth through

25  the eleventh complete month subsequent to the month of birth.

26  The agency shall amend the payment methodology for

27  participating Medicaid-managed health care plans to comply

28  with this subsection.

29         Section 19.  Section 430.041, Florida Statutes, is

30  repealed.

31  


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 1         Section 20.  Subsection (1) of section 430.502, Florida

 2  Statutes, is amended to read:

 3         430.502  Alzheimer's disease; memory disorder clinics

 4  and day care and respite care programs.--

 5         (1)  There is established:

 6         (a)  A memory disorder clinic at each of the three

 7  medical schools in this state;

 8         (b)  A memory disorder clinic at a major private

 9  nonprofit research-oriented teaching hospital, and may fund a

10  memory disorder clinic at any of the other affiliated teaching

11  hospitals;

12         (c)  A memory disorder clinic at the Mayo Clinic in

13  Jacksonville;

14         (d)  A memory disorder clinic at the West Florida

15  Regional Medical Center;

16         (e)  The East Central Florida Memory Disorder Clinic at

17  the Joint Center for Advanced Therapeutics and Biomedical

18  Research of the Florida Institute of Technology and Holmes

19  Regional Medical Center, Inc.;

20         (f)  A memory disorder clinic at the Orlando Regional

21  Healthcare System, Inc.;

22         (g)  A memory disorder center located in a public

23  hospital that is operated by an independent special hospital

24  taxing district that governs multiple hospitals and is located

25  in a county with a population greater than 800,000 persons;

26         (h)  A memory disorder clinic at St. Mary's Medical

27  Center in Palm Beach County;

28         (i)  A memory disorder clinic at Tallahassee Memorial

29  Healthcare;

30         (j)  A memory disorder clinic at Lee Memorial Hospital

31  created by chapter 63-1552, Laws of Florida, as amended;


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 1         (k)  A memory disorder clinic at Sarasota Memorial

 2  Hospital in Sarasota County; and

 3         (l)  A memory disorder clinic at Morton Plant Hospital,

 4  Clearwater, in Pinellas County; and,

 5         (m)  A memory disorder clinic at Florida Atlantic

 6  University, Boca Raton, in Palm Beach County,

 7  

 8  for the purpose of conducting research and training in a

 9  diagnostic and therapeutic setting for persons suffering from

10  Alzheimer's disease and related memory disorders. However,

11  memory disorder clinics funded as of June 30, 1995, shall not

12  receive decreased funding due solely to subsequent additions

13  of memory disorder clinics in this subsection.

14         Section 21.  Paragraph (d) of subsection (15) of

15  section 440.02, Florida Statutes, is amended to read:

16         440.02  Definitions.--When used in this chapter, unless

17  the context clearly requires otherwise, the following terms

18  shall have the following meanings:

19         (15)

20         (d)  "Employee" does not include:

21         1.  An independent contractor who is not engaged in the

22  construction industry.

23         a.  In order to meet the definition of independent

24  contractor, at least four of the following criteria must be

25  met:

26         (I)  The independent contractor maintains a separate

27  business with his or her own work facility, truck, equipment,

28  materials, or similar accommodations;

29         (II)  The independent contractor holds or has applied

30  for a federal employer identification number, unless the

31  independent contractor is a sole proprietor who is not


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 1  required to obtain a federal employer identification number

 2  under state or federal regulations;

 3         (III)  The independent contractor receives compensation

 4  for services rendered or work performed and such compensation

 5  is paid to a business rather than to an individual;

 6         (IV)  The independent contractor holds one or more bank

 7  accounts in the name of the business entity for purposes of

 8  paying business expenses or other expenses related to services

 9  rendered or work performed for compensation;

10         (V)  The independent contractor performs work or is

11  able to perform work for any entity in addition to or besides

12  the employer at his or her own election without the necessity

13  of completing an employment application or process; or

14         (VI)  The independent contractor receives compensation

15  for work or services rendered on a competitive-bid basis or

16  completion of a task or a set of tasks as defined by a

17  contractual agreement, unless such contractual agreement

18  expressly states that an employment relationship exists.

19         b.  If four of the criteria listed in sub-subparagraph

20  a. do not exist, an individual may still be presumed to be an

21  independent contractor and not an employee based on full

22  consideration of the nature of the individual situation with

23  regard to satisfying any of the following conditions:

24         (I)  The independent contractor performs or agrees to

25  perform specific services or work for a specific amount of

26  money and controls the means of performing the services or

27  work.

28         (II)  The independent contractor incurs the principal

29  expenses related to the service or work that he or she

30  performs or agrees to perform.

31  


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 1         (III)  The independent contractor is responsible for

 2  the satisfactory completion of the work or services that he or

 3  she performs or agrees to perform.

 4         (IV)  The independent contractor receives compensation

 5  for work or services performed for a commission or on a

 6  per-job basis and not on any other basis.

 7         (V)  The independent contractor may realize a profit or

 8  suffer a loss in connection with performing work or services.

 9         (VI)  The independent contractor has continuing or

10  recurring business liabilities or obligations.

11         (VII)  The success or failure of the independent

12  contractor's business depends on the relationship of business

13  receipts to expenditures.

14         c.  Notwithstanding anything to the contrary in this

15  subparagraph, an individual claiming to be an independent

16  contractor has the burden of proving that he or she is an

17  independent contractor for purposes of this chapter.

18         2.  A real estate licensee, if that person agrees, in

19  writing, to perform for remuneration solely by way of

20  commission.

21         3.  Bands, orchestras, and musical and theatrical

22  performers, including disk jockeys, performing in licensed

23  premises as defined in chapter 562, if a written contract

24  evidencing an independent contractor relationship is entered

25  into before the commencement of such entertainment.

26         4.  An owner-operator of a motor vehicle who transports

27  property under a written contract with a motor carrier which

28  evidences a relationship by which the owner-operator assumes

29  the responsibility of an employer for the performance of the

30  contract, if the owner-operator is required to furnish the

31  necessary motor vehicle equipment and all costs incidental to


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 1  the performance of the contract, including, but not limited

 2  to, fuel, taxes, licenses, repairs, and hired help; and the

 3  owner-operator is paid a commission for transportation service

 4  and is not paid by the hour or on some other time-measured

 5  basis.

 6         5.  A person whose employment is both casual and not in

 7  the course of the trade, business, profession, or occupation

 8  of the employer.

 9         6.  A volunteer, except a volunteer worker for the

10  state or a county, municipality, or other governmental entity.

11  A person who does not receive monetary remuneration for

12  services is presumed to be a volunteer unless there is

13  substantial evidence that a valuable consideration was

14  intended by both employer and employee. For purposes of this

15  chapter, the term "volunteer" includes, but is not limited to:

16         a.  Persons who serve in private nonprofit agencies and

17  who receive no compensation other than expenses in an amount

18  less than or equivalent to the standard mileage and per diem

19  expenses provided to salaried employees in the same agency or,

20  if such agency does not have salaried employees who receive

21  mileage and per diem, then such volunteers who receive no

22  compensation other than expenses in an amount less than or

23  equivalent to the customary mileage and per diem paid to

24  salaried workers in the community as determined by the

25  department; and

26         b.  Volunteers participating in federal programs

27  established under Pub. L. No. 93-113.

28         7.  Unless otherwise prohibited by this chapter, any

29  officer of a corporation who elects to be exempt from this

30  chapter. Such officer is not an employee for any reason under

31  


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 1  this chapter until the notice of revocation of election filed

 2  pursuant to s. 440.05 is effective.

 3         8.  An officer of a corporation that is engaged in the

 4  construction industry who elects to be exempt from the

 5  provisions of this chapter, as otherwise permitted by this

 6  chapter. Such officer is not an employee for any reason until

 7  the notice of revocation of election filed pursuant to s.

 8  440.05 is effective.

 9         9.  An exercise rider who does not work for a single

10  horse farm or breeder, and who is compensated for riding on a

11  case-by-case basis, provided a written contract is entered

12  into prior to the commencement of such activity which

13  evidences that an employee/employer relationship does not

14  exist.

15         10.  A taxicab, limousine, or other passenger

16  vehicle-for-hire driver who operates said vehicles pursuant to

17  a written agreement with a company which provides any

18  dispatch, marketing, insurance, communications, or other

19  services under which the driver and any fees or charges paid

20  by the driver to the company for such services are not

21  conditioned upon, or expressed as a proportion of, fare

22  revenues.

23         11.  A person who performs services as a sports

24  official for an entity sponsoring an interscholastic sports

25  event or for a public entity or private, nonprofit

26  organization that sponsors an amateur sports event. For

27  purposes of this subparagraph, such a person is an independent

28  contractor. For purposes of this subparagraph, the term

29  "sports official" means any person who is a neutral

30  participant in a sports event, including, but not limited to,

31  umpires, referees, judges, linespersons, scorekeepers, or


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 1  timekeepers. This subparagraph does not apply to any person

 2  employed by a district school board who serves as a sports

 3  official as required by the employing school board or who

 4  serves as a sports official as part of his or her

 5  responsibilities during normal school hours.

 6         12.  Medicaid-enrolled clients under chapter 393 who

 7  are excluded from the definition of employment under s.

 8  443.1216(4)(d) and served by Adult Day Training Services under

 9  the Home and Community-Based or the Family and Supported

10  Living Medicaid Waiver program in a sheltered workshop setting

11  licensed by the United States Department of Labor for the

12  purpose of training and earning less than the federal hourly

13  minimum wage.

14         Section 22.  Section 21 of chapter 2004-270, Laws of

15  Florida, is amended to read:

16         Section 21.  Notwithstanding s. 430.707, Florida

17  Statutes, no later than September 1, 2005, or subject to

18  federal approval of the application to be a Program of

19  All-inclusive Care for the Elderly site, the agency shall

20  contract with one private, not-for-profit hospice organization

21  located in Lee County and one such organization in Martin

22  County, such an entity shall be exempt from the requirements

23  of chapter 641 Florida Statutes, each of which provides

24  comprehensive services, including hospice care for frail and

25  elderly persons. The agency shall approve 100 initial

26  enrollees in the Program of All-inclusive Care for the Elderly

27  for the in Lee and Martin programs, subject to an

28  appropriation by the Legislature counties. The organization in

29  Lee County shall serve eligible residents in Lee County and in

30  the counties contiguous to Lee County. The organization in

31  Martin County shall serve eligible residents in Martin County


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 1  and in the counties contiguous to Martin County. Each program

 2  may continue to enroll eligible residents when the Agency for

 3  Health Care Administration determines such residents to be

 4  eligible for nursing home confinement. Residents currently

 5  designated by the agency as eligible for nursing home

 6  confinement are automatically eligible for PACE program

 7  enrollment. There shall be 50 initial enrollees in each

 8  county.

 9         Section 23.  Sections 8, 9, and 10 of this act are

10  remedial in nature and it is the intent of the Legislature

11  that the provisions of those sections apply to contracts,

12  fees, rates, and other methods of payment in existence before,

13  on, or after the effective date of this act.

14         Section 24.  If any provision of this act or its

15  application to any person or circumstance is held invalid, the

16  invalidity does not affect other provisions or applications of

17  the act which can be given effect without the invalid

18  provision or application, and to this end the provisions of

19  this act are severable.

20         Section 25.  Except as otherwise expressly provided in

21  this act, this act shall take effect July 1, 2005.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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