HB 1247CS

CHAMBER ACTION




1The Elder & Long-Term Care Committee recommends the following:
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3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to developmental disabilities; amending s.
7409.912, F.S.; requiring the Agency for Health Care
8Administration to develop a waiver program to serve
9children and adults with specified disorders; requiring
10the agency to seek federal approval and implement the
11approved waiver in the General Appropriations Act;
12providing an effective date.
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14Be It Enacted by the Legislature of the State of Florida:
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16     Section 1.  Subsection (51) of section 409.912, Florida
17Statutes, is amended to read:
18     409.912  Cost-effective purchasing of health care.--The
19agency shall purchase goods and services for Medicaid recipients
20in the most cost-effective manner consistent with the delivery
21of quality medical care. To ensure that medical services are
22effectively utilized, the agency may, in any case, require a
23confirmation or second physician's opinion of the correct
24diagnosis for purposes of authorizing future services under the
25Medicaid program. This section does not restrict access to
26emergency services or poststabilization care services as defined
27in 42 C.F.R. part 438.114. Such confirmation or second opinion
28shall be rendered in a manner approved by the agency. The agency
29shall maximize the use of prepaid per capita and prepaid
30aggregate fixed-sum basis services when appropriate and other
31alternative service delivery and reimbursement methodologies,
32including competitive bidding pursuant to s. 287.057, designed
33to facilitate the cost-effective purchase of a case-managed
34continuum of care. The agency shall also require providers to
35minimize the exposure of recipients to the need for acute
36inpatient, custodial, and other institutional care and the
37inappropriate or unnecessary use of high-cost services. The
38agency shall contract with a vendor to monitor and evaluate the
39clinical practice patterns of providers in order to identify
40trends that are outside the normal practice patterns of a
41provider's professional peers or the national guidelines of a
42provider's professional association. The vendor must be able to
43provide information and counseling to a provider whose practice
44patterns are outside the norms, in consultation with the agency,
45to improve patient care and reduce inappropriate utilization.
46The agency may mandate prior authorization, drug therapy
47management, or disease management participation for certain
48populations of Medicaid beneficiaries, certain drug classes, or
49particular drugs to prevent fraud, abuse, overuse, and possible
50dangerous drug interactions. The Pharmaceutical and Therapeutics
51Committee shall make recommendations to the agency on drugs for
52which prior authorization is required. The agency shall inform
53the Pharmaceutical and Therapeutics Committee of its decisions
54regarding drugs subject to prior authorization. The agency is
55authorized to limit the entities it contracts with or enrolls as
56Medicaid providers by developing a provider network through
57provider credentialing. The agency may competitively bid single-
58source-provider contracts if procurement of goods or services
59results in demonstrated cost savings to the state without
60limiting access to care. The agency may limit its network based
61on the assessment of beneficiary access to care, provider
62availability, provider quality standards, time and distance
63standards for access to care, the cultural competence of the
64provider network, demographic characteristics of Medicaid
65beneficiaries, practice and provider-to-beneficiary standards,
66appointment wait times, beneficiary use of services, provider
67turnover, provider profiling, provider licensure history,
68previous program integrity investigations and findings, peer
69review, provider Medicaid policy and billing compliance records,
70clinical and medical record audits, and other factors. Providers
71shall not be entitled to enrollment in the Medicaid provider
72network. The agency shall determine instances in which allowing
73Medicaid beneficiaries to purchase durable medical equipment and
74other goods is less expensive to the Medicaid program than long-
75term rental of the equipment or goods. The agency may establish
76rules to facilitate purchases in lieu of long-term rentals in
77order to protect against fraud and abuse in the Medicaid program
78as defined in s. 409.913. The agency may seek federal waivers
79necessary to administer these policies.
80     (51)  The agency shall work with the Agency for Persons
81with Disabilities to develop a model home and community-based
82waiver to serve children and adults who are diagnosed with
83familial dysautonomia or Riley-Day syndrome caused by a mutation
84of the IKBKAP gene on chromosome 9. The agency shall seek
85federal waiver approval and implement the approved waiver
86subject to the availability of funds and any limitations
87provided in the General Appropriations Act. The agency may adopt
88rules to implement this waiver program.
89     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.