1 | Representative Detert offered the following: |
2 |
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3 | Amendment |
4 | Remove lines 1038-1174 and insert: |
5 | (5) This section does not authorize the agency to |
6 | implement any provision of s. 1115 of the Social Security Act |
7 | experimental, pilot, or demonstration project waiver to reform |
8 | the state Medicaid program in any part of the state other than |
9 | the two geographic areas specified in this section unless |
10 | approved by the Legislature. |
11 | (6) The agency shall develop and submit for approval |
12 | applications for waivers of applicable federal laws and |
13 | regulations as necessary to implement the managed care pilot |
14 | project as defined in this section. The agency shall post all |
15 | waiver applications under this section on its Internet website |
16 | 30 days before submitting the applications to the United States |
17 | Centers for Medicare and Medicaid Services. All waiver |
18 | applications shall be provided for review and comment to the |
19 | appropriate committees of the Senate and House of |
20 | Representatives for at least 10 working days prior to |
21 | submission. All waivers submitted to and approved by the United |
22 | States Centers for Medicare and Medicaid Services under this |
23 | section must be approved by the Legislature. Federally approved |
24 | waivers must be submitted to the President of the Senate and the |
25 | Speaker of the House of Representatives for referral to the |
26 | appropriate legislative committees. The appropriate committees |
27 | shall recommend whether to approve the implementation of any |
28 | waivers to the Legislature as a whole. The agency shall submit a |
29 | plan containing a recommended timeline for implementation of any |
30 | waivers and budgetary projections of the effect of the pilot |
31 | program under this section on the total Medicaid budget for the |
32 | 2006-2007 through 2009-2010 state fiscal years. This |
33 | implementation plan shall be submitted to the President of the |
34 | Senate and the Speaker of the House of Representatives at the |
35 | same time any waivers are submitted for consideration by the |
36 | Legislature. The agency is authorized to implement the waiver |
37 | and Centers for Medicare and Medicaid Services Special Terms and |
38 | Conditions number 11-W-00206/4. If the agency seeks approval by |
39 | the Federal Government of any modifications to these special |
40 | terms and conditions, the agency shall provide written |
41 | notification of its intent to modify these terms and conditions |
42 | to the President of the Senate and Speaker of the House of |
43 | Representatives at least 15 days prior to submitting the |
44 | modifications to the Federal Government for consideration. The |
45 | notification shall identify all modifications being pursued and |
46 | the reason they are needed. Upon receiving federal approval of |
47 | any modifications to the special terms and conditions, the |
48 | agency shall report to the Legislature describing the federally |
49 | approved modifications to the special terms and conditions |
50 | within 7 days after their approval by the Federal Government. |
51 | (7) Upon review and approval of the applications for |
52 | waivers of applicable federal laws and regulations to implement |
53 | the managed care pilot program by the Legislature, the agency |
54 | may initiate adoption of rules pursuant to ss. 120.536(1) and |
55 | 120.54 to implement and administer the managed care pilot |
56 | program as provided in this section. |
57 | (8)(a) The Secretary of Health Care Administration shall |
58 | convene a technical advisory panel to advise the agency in the |
59 | following areas: risk-adjusted rate setting, benefit design, |
60 | and choice counseling. The panel shall include representatives |
61 | from the Florida Association of Health Plans, representatives |
62 | from provider-sponsored networks, and a representative from the |
63 | Office of Insurance Regulation. |
64 | (b) The technical advisory panel shall advise the agency |
65 | on the following: |
66 | 1. The risk-adjusted rate methodology to be used by the |
67 | agency including recommendations on mechanisms to recognize the |
68 | risk of all Medicaid enrollees and transitioning to a risk- |
69 | adjustment system, including recommendations for phasing in risk |
70 | adjustment and the uses of risk corridors. |
71 | 2. Implementation of an encounter data system to be used |
72 | for risk-adjusted rates. |
73 | 3. Administrative and implementation issues regarding the |
74 | use of risk-adjusted rates, including, but not limited to, cost, |
75 | simplicity, client privacy, data accuracy, and data exchange. |
76 | 4. Benefit design issues, including the actuarial |
77 | equivalence and sufficiency standards to be used. |
78 | 5. The implementation plan for the proposed choice |
79 | counseling system, including the information and materials to be |
80 | provided to recipients, the methodologies by which recipients |
81 | will be counseled regarding choices, criteria to be used to |
82 | assess plan quality, the methodology to be used to assign |
83 | recipients to plans if they fail to choose a managed care plan, |
84 | and the standards to be used for responsiveness to recipient |
85 | inquiries. |
86 | (c) The technical advisory panel shall continue in |
87 | existence and advise the secretary on matters outlined in this |
88 | subsection. |
89 | (9) The agency must ensure in the first 2 state fiscal |
90 | years in which a risk-adjusted methodology is a component of |
91 | rate setting that no managed care plan providing comprehensive |
92 | benefits to TANF and SSI recipients has an aggregate risk score |
93 | that varies by more than 10 percent from the aggregate weighted |
94 | mean of all managed care plans providing comprehensive benefits |
95 | to TANF and SSI recipients in a reform area. The agency's |
96 | payment to a managed care plan shall be based on such revised |
97 | aggregate risk score. |
98 | (10) After any calculations of aggregate risk scores or |
99 | revised aggregate risk scores pursuant to subsection (9), the |
100 | capitation rates for plans participating under 409.91211 shall |
101 | be phased in as follows: |
102 | (a) In the first fiscal year, the capitation rates shall |
103 | be weighted so that 75 percent of each capitation rate is based |
104 | on the current methodology and 25 percent is based upon a new |
105 | risk-adjusted capitation rate methodology. |
106 | (b) In the second fiscal year, the capitation rates shall |
107 | be weighted so that 50 percent of each capitation rate is based |
108 | on the current methodology and 50 percent is based on a new |
109 | risk-adjusted rate methodology. |
110 | (c) In the following fiscal year, the risk-adjusted |
111 | capitation methodology may be fully implemented. |
112 | (11) Subsections (9) and (10) shall not apply to managed |
113 | care plans offering benefits exclusively to high-risk, specialty |
114 | populations. The agency shall have the discretion to set risk- |
115 | adjusted rates immediately for said plans. |
116 | (12) Prior to the implementation of risk-adjusted rates, |
117 | rates shall be certified by an actuary and approved by the |
118 | federal Centers for Medicare and Medicaid Services. |
119 | (13) For purposes of this section, the term "capitated |
120 | managed care plan" includes health insurers authorized under |
121 | chapter 624, exclusive provider organizations authorized under |
122 | chapter 627, health maintenance organizations authorized under |
123 | chapter 641, the Children's Medical Services Network authorized |
124 | under chapter 391, and provider service networks that elect to |
125 | be paid fee-for-service for up to 3 years as authorized under |
126 | this section. |
127 | (14) It is the intent of the Legislature that if any |
128 | conflict exists between the provisions contained in this section |
129 | and other provisions of chapter 409, as they relate to |
130 | implementation of the Medicaid managed care pilot program, the |
131 | provisions contained in this section shall control. The agency |
132 | shall provide a written report to the President of the Senate |
133 | and the Speaker of the House of Representatives by April 1, |
134 | 2006, identifying any provisions of chapter 409 that conflict |
135 | with the implementation of the Medicaid managed care pilot |
136 | program as created in this section. After April 1, 2006, the |
137 | agency shall provide a written report to the President of the |
138 | Senate and the Speaker of the House of Representatives |
139 | immediately upon identifying any provisions of chapter 409 that |
140 | conflict with the implementation of the Medicaid managed care |
141 | pilot program as created in this section. |