Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 518
                        Barcode 194570
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/02/2007 04:59 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 8, between lines 15 and 16,
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16  insert:  
17         Section 4.  Section (53) is added to section 409.912,
18  Florida Statutes, to read:
19         409.912  Cost-effective purchasing of health care.--The
20  agency shall purchase goods and services for Medicaid
21  recipients in the most cost-effective manner consistent with
22  the delivery of quality medical care. To ensure that medical
23  services are effectively utilized, the agency may, in any
24  case, require a confirmation or second physician's opinion of
25  the correct diagnosis for purposes of authorizing future
26  services under the Medicaid program. This section does not
27  restrict access to emergency services or poststabilization
28  care services as defined in 42 C.F.R. part 438.114. Such
29  confirmation or second opinion shall be rendered in a manner
30  approved by the agency. The agency shall maximize the use of
31  prepaid per capita and prepaid aggregate fixed-sum basis
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    3:29 PM   05/02/07                             s0518c2c-37-r0u

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 518 Barcode 194570 1 services when appropriate and other alternative service 2 delivery and reimbursement methodologies, including 3 competitive bidding pursuant to s. 287.057, designed to 4 facilitate the cost-effective purchase of a case-managed 5 continuum of care. The agency shall also require providers to 6 minimize the exposure of recipients to the need for acute 7 inpatient, custodial, and other institutional care and the 8 inappropriate or unnecessary use of high-cost services. The 9 agency shall contract with a vendor to monitor and evaluate 10 the clinical practice patterns of providers in order to 11 identify trends that are outside the normal practice patterns 12 of a provider's professional peers or the national guidelines 13 of a provider's professional association. The vendor must be 14 able to provide information and counseling to a provider whose 15 practice patterns are outside the norms, in consultation with 16 the agency, to improve patient care and reduce inappropriate 17 utilization. The agency may mandate prior authorization, drug 18 therapy management, or disease management participation for 19 certain populations of Medicaid beneficiaries, certain drug 20 classes, or particular drugs to prevent fraud, abuse, overuse, 21 and possible dangerous drug interactions. The Pharmaceutical 22 and Therapeutics Committee shall make recommendations to the 23 agency on drugs for which prior authorization is required. The 24 agency shall inform the Pharmaceutical and Therapeutics 25 Committee of its decisions regarding drugs subject to prior 26 authorization. The agency is authorized to limit the entities 27 it contracts with or enrolls as Medicaid providers by 28 developing a provider network through provider credentialing. 29 The agency may competitively bid single-source-provider 30 contracts if procurement of goods or services results in 31 demonstrated cost savings to the state without limiting access 2 3:29 PM 05/02/07 s0518c2c-37-r0u
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 518 Barcode 194570 1 to care. The agency may limit its network based on the 2 assessment of beneficiary access to care, provider 3 availability, provider quality standards, time and distance 4 standards for access to care, the cultural competence of the 5 provider network, demographic characteristics of Medicaid 6 beneficiaries, practice and provider-to-beneficiary standards, 7 appointment wait times, beneficiary use of services, provider 8 turnover, provider profiling, provider licensure history, 9 previous program integrity investigations and findings, peer 10 review, provider Medicaid policy and billing compliance 11 records, clinical and medical record audits, and other 12 factors. Providers shall not be entitled to enrollment in the 13 Medicaid provider network. The agency shall determine 14 instances in which allowing Medicaid beneficiaries to purchase 15 durable medical equipment and other goods is less expensive to 16 the Medicaid program than long-term rental of the equipment or 17 goods. The agency may establish rules to facilitate purchases 18 in lieu of long-term rentals in order to protect against fraud 19 and abuse in the Medicaid program as defined in s. 409.913. 20 The agency may seek federal waivers necessary to administer 21 these policies. 22 (53)(a) A pharmacist may not dispense a drug for 23 immunosuppressive therapy following transplant unless the drug 24 is the specific formulation and manufactured by the specific 25 manufacturer as prescribed by the patient's physician. 26 (b) A pharmacist may substitute a drug product that is 27 generically equivalent for immunosuppressive therapy following 28 transplant only if, before making the substitution, the 29 pharmacist obtains a signed authorization from the prescribing 30 physician. 31 (c) This subsection does not apply to generic 3 3:29 PM 05/02/07 s0518c2c-37-r0u
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 518 Barcode 194570 1 equivalents for immunosuppressive drugs currently on the 2 Medicaid preferred drug list, generic equivalents for 3 immunosuppressive drugs currently under review by the 4 Pharmaceutical and Therapeutics Committee and the agency, or 5 to any patient enrolled in the Medicaid program that is 6 currently receiving generically equivalent immunosuppressive 7 drugs. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 1, line 24, after the semicolon, 15 16 insert: 17 amending s. 409.912, F.S.; providing 18 limitations on the dispensing of certain drugs 19 following transplants; 20 21 22 23 24 25 26 27 28 29 30 31 4 3:29 PM 05/02/07 s0518c2c-37-r0u