1 | The 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 |
6 | An act relating to developmental disabilities; amending s. |
7 | 409.912, F.S.; requiring the Agency for Health Care |
8 | Administration to develop a waiver program to serve |
9 | children and adults with specified disorders; requiring |
10 | the agency to seek federal approval and implement the |
11 | approved waiver in the General Appropriations Act; |
12 | providing an effective date. |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Subsection (51) of section 409.912, Florida |
17 | Statutes, is amended to read: |
18 | 409.912 Cost-effective purchasing of health care.--The |
19 | agency shall purchase goods and services for Medicaid recipients |
20 | in the most cost-effective manner consistent with the delivery |
21 | of quality medical care. To ensure that medical services are |
22 | effectively utilized, the agency may, in any case, require a |
23 | confirmation or second physician's opinion of the correct |
24 | diagnosis for purposes of authorizing future services under the |
25 | Medicaid program. This section does not restrict access to |
26 | emergency services or poststabilization care services as defined |
27 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
28 | shall be rendered in a manner approved by the agency. The agency |
29 | shall maximize the use of prepaid per capita and prepaid |
30 | aggregate fixed-sum basis services when appropriate and other |
31 | alternative service delivery and reimbursement methodologies, |
32 | including competitive bidding pursuant to s. 287.057, designed |
33 | to facilitate the cost-effective purchase of a case-managed |
34 | continuum of care. The agency shall also require providers to |
35 | minimize the exposure of recipients to the need for acute |
36 | inpatient, custodial, and other institutional care and the |
37 | inappropriate or unnecessary use of high-cost services. The |
38 | agency shall contract with a vendor to monitor and evaluate the |
39 | clinical practice patterns of providers in order to identify |
40 | trends that are outside the normal practice patterns of a |
41 | provider's professional peers or the national guidelines of a |
42 | provider's professional association. The vendor must be able to |
43 | provide information and counseling to a provider whose practice |
44 | patterns are outside the norms, in consultation with the agency, |
45 | to improve patient care and reduce inappropriate utilization. |
46 | The agency may mandate prior authorization, drug therapy |
47 | management, or disease management participation for certain |
48 | populations of Medicaid beneficiaries, certain drug classes, or |
49 | particular drugs to prevent fraud, abuse, overuse, and possible |
50 | dangerous drug interactions. The Pharmaceutical and Therapeutics |
51 | Committee shall make recommendations to the agency on drugs for |
52 | which prior authorization is required. The agency shall inform |
53 | the Pharmaceutical and Therapeutics Committee of its decisions |
54 | regarding drugs subject to prior authorization. The agency is |
55 | authorized to limit the entities it contracts with or enrolls as |
56 | Medicaid providers by developing a provider network through |
57 | provider credentialing. The agency may competitively bid single- |
58 | source-provider contracts if procurement of goods or services |
59 | results in demonstrated cost savings to the state without |
60 | limiting access to care. The agency may limit its network based |
61 | on the assessment of beneficiary access to care, provider |
62 | availability, provider quality standards, time and distance |
63 | standards for access to care, the cultural competence of the |
64 | provider network, demographic characteristics of Medicaid |
65 | beneficiaries, practice and provider-to-beneficiary standards, |
66 | appointment wait times, beneficiary use of services, provider |
67 | turnover, provider profiling, provider licensure history, |
68 | previous program integrity investigations and findings, peer |
69 | review, provider Medicaid policy and billing compliance records, |
70 | clinical and medical record audits, and other factors. Providers |
71 | shall not be entitled to enrollment in the Medicaid provider |
72 | network. The agency shall determine instances in which allowing |
73 | Medicaid beneficiaries to purchase durable medical equipment and |
74 | other goods is less expensive to the Medicaid program than long- |
75 | term rental of the equipment or goods. The agency may establish |
76 | rules to facilitate purchases in lieu of long-term rentals in |
77 | order to protect against fraud and abuse in the Medicaid program |
78 | as defined in s. 409.913. The agency may seek federal waivers |
79 | necessary to administer these policies. |
80 | (51) The agency shall work with the Agency for Persons |
81 | with Disabilities to develop a model home and community-based |
82 | waiver to serve children and adults who are diagnosed with |
83 | familial dysautonomia or Riley-Day syndrome caused by a mutation |
84 | of the IKBKAP gene on chromosome 9. The agency shall seek |
85 | federal waiver approval and implement the approved waiver |
86 | subject to the availability of funds and any limitations |
87 | provided in the General Appropriations Act. The agency may adopt |
88 | rules to implement this waiver program. |
89 | Section 2. This act shall take effect upon becoming a law. |