1 | A bill to be entitled |
2 | An act relating to health care; amending s. 409.911, F.S.; |
3 | revising the method for calculating disproportionate share |
4 | payments to hospitals; amending s. 409.9112, F.S.; |
5 | revising the time period during which the Agency for |
6 | Health Care Administration is prohibited from distributing |
7 | disproportionate share payments to regional perinatal |
8 | intensive care centers; amending s. 409.9113, F.S.; |
9 | revising the time period for distribution of |
10 | disproportionate share payments to teaching hospitals; |
11 | amending s. 409.9117, F.S.; revising the time period |
12 | during which the agency is prohibited from distributing |
13 | certain moneys under the primary care disproportionate |
14 | share program; amending s. 409.906, F.S.; authorizing the |
15 | agency to pay for certain services provided by an |
16 | anesthesiologist assistant; amending s. 393.063, F.S.; |
17 | revising the definition of the term "support coordinator"; |
18 | amending s. 393.0661, F.S.; requiring the Agency for |
19 | Persons with Disabilities, in consultation with the Agency |
20 | for Health Care Administration, to implement federal |
21 | waivers to create a model service delivery system pilot |
22 | project for Medicaid recipients with developmental |
23 | disabilities; providing legislative intent; providing for |
24 | implementation of the system on a pilot basis in certain |
25 | areas of the state; providing for administration of the |
26 | system by the Agency for Persons with Disabilities; |
27 | providing requirements for selection of service providers |
28 | to operate the system; providing for mandatory enrollment |
29 | in pilot areas; requiring an evaluation of the system; |
30 | providing for the formation of local and statewide |
31 | advisory committees; requiring the committees to submit |
32 | quarterly reports to the Legislature; requiring the agency |
33 | to submit a report to the Governor and Legislature; |
34 | authorizing the agency to seek federal waivers or Medicaid |
35 | state plan amendments and adopt rules; requiring the |
36 | agency to receive specific authorization from the |
37 | Legislature before expanding the system; providing |
38 | appropriations; providing an effective date. |
39 |
|
40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
|
42 | Section 1. Subsection (2) of section 409.911, Florida |
43 | Statutes, is amended to read: |
44 | 409.911 Disproportionate share program.--Subject to |
45 | specific allocations established within the General |
46 | Appropriations Act and any limitations established pursuant to |
47 | chapter 216, the agency shall distribute, pursuant to this |
48 | section, moneys to hospitals providing a disproportionate share |
49 | of Medicaid or charity care services by making quarterly |
50 | Medicaid payments as required. Notwithstanding the provisions of |
51 | s. 409.915, counties are exempt from contributing toward the |
52 | cost of this special reimbursement for hospitals serving a |
53 | disproportionate share of low-income patients. |
54 | (2) The Agency for Health Care Administration shall use |
55 | the following actual audited data to determine the Medicaid days |
56 | and charity care to be used in calculating the disproportionate |
57 | share payment: |
58 | (a) The average of the 2001, 2002, and 2003 2000, 2001, |
59 | and 2002 audited disproportionate share data to determine each |
60 | hospital's Medicaid days and charity care for the 2007-2008 |
61 | 2006-2007 state fiscal year. |
62 | (b) If the Agency for Health Care Administration does not |
63 | have the prescribed 3 years of audited disproportionate share |
64 | data as noted in paragraph (a) for a hospital, the agency shall |
65 | use the average of the years of the audited disproportionate |
66 | share data as noted in paragraph (a) which is available. |
67 | (c) In accordance with s. 1923(b) of the Social Security |
68 | Act, a hospital with a Medicaid inpatient utilization rate |
69 | greater than one standard deviation above the statewide mean or |
70 | a hospital with a low-income utilization rate of 25 percent or |
71 | greater shall qualify for reimbursement. |
72 | Section 2. Section 409.9112, Florida Statutes, is amended |
73 | to read: |
74 | 409.9112 Disproportionate share program for regional |
75 | perinatal intensive care centers.--In addition to the payments |
76 | made under s. 409.911, the Agency for Health Care Administration |
77 | shall design and implement a system of making disproportionate |
78 | share payments to those hospitals that participate in the |
79 | regional perinatal intensive care center program established |
80 | pursuant to chapter 383. This system of payments shall conform |
81 | with federal requirements and shall distribute funds in each |
82 | fiscal year for which an appropriation is made by making |
83 | quarterly Medicaid payments. Notwithstanding the provisions of |
84 | s. 409.915, counties are exempt from contributing toward the |
85 | cost of this special reimbursement for hospitals serving a |
86 | disproportionate share of low-income patients. For the state |
87 | fiscal year 2007-2008 2005-2006, the agency shall not distribute |
88 | moneys under the regional perinatal intensive care centers |
89 | disproportionate share program. |
90 | (1) The following formula shall be used by the agency to |
91 | calculate the total amount earned for hospitals that participate |
92 | in the regional perinatal intensive care center program: |
93 |
|
94 | TAE = HDSP/THDSP |
95 |
|
96 | Where: |
97 | TAE = total amount earned by a regional perinatal intensive |
98 | care center. |
99 | HDSP = the prior state fiscal year regional perinatal |
100 | intensive care center disproportionate share payment to the |
101 | individual hospital. |
102 | THDSP = the prior state fiscal year total regional |
103 | perinatal intensive care center disproportionate share payments |
104 | to all hospitals. |
105 | (2) The total additional payment for hospitals that |
106 | participate in the regional perinatal intensive care center |
107 | program shall be calculated by the agency as follows: |
108 |
|
109 | TAP = TAE x TA |
110 |
|
111 | Where: |
112 | TAP = total additional payment for a regional perinatal |
113 | intensive care center. |
114 | TAE = total amount earned by a regional perinatal intensive |
115 | care center. |
116 | TA = total appropriation for the regional perinatal |
117 | intensive care center disproportionate share program. |
118 | (3) In order to receive payments under this section, a |
119 | hospital must be participating in the regional perinatal |
120 | intensive care center program pursuant to chapter 383 and must |
121 | meet the following additional requirements: |
122 | (a) Agree to conform to all departmental and agency |
123 | requirements to ensure high quality in the provision of |
124 | services, including criteria adopted by departmental and agency |
125 | rule concerning staffing ratios, medical records, standards of |
126 | care, equipment, space, and such other standards and criteria as |
127 | the department and agency deem appropriate as specified by rule. |
128 | (b) Agree to provide information to the department and |
129 | agency, in a form and manner to be prescribed by rule of the |
130 | department and agency, concerning the care provided to all |
131 | patients in neonatal intensive care centers and high-risk |
132 | maternity care. |
133 | (c) Agree to accept all patients for neonatal intensive |
134 | care and high-risk maternity care, regardless of ability to pay, |
135 | on a functional space-available basis. |
136 | (d) Agree to develop arrangements with other maternity and |
137 | neonatal care providers in the hospital's region for the |
138 | appropriate receipt and transfer of patients in need of |
139 | specialized maternity and neonatal intensive care services. |
140 | (e) Agree to establish and provide a developmental |
141 | evaluation and services program for certain high-risk neonates, |
142 | as prescribed and defined by rule of the department. |
143 | (f) Agree to sponsor a program of continuing education in |
144 | perinatal care for health care professionals within the region |
145 | of the hospital, as specified by rule. |
146 | (g) Agree to provide backup and referral services to the |
147 | department's county health departments and other low-income |
148 | perinatal providers within the hospital's region, including the |
149 | development of written agreements between these organizations |
150 | and the hospital. |
151 | (h) Agree to arrange for transportation for high-risk |
152 | obstetrical patients and neonates in need of transfer from the |
153 | community to the hospital or from the hospital to another more |
154 | appropriate facility. |
155 | (4) Hospitals which fail to comply with any of the |
156 | conditions in subsection (3) or the applicable rules of the |
157 | department and agency shall not receive any payments under this |
158 | section until full compliance is achieved. A hospital which is |
159 | not in compliance in two or more consecutive quarters shall not |
160 | receive its share of the funds. Any forfeited funds shall be |
161 | distributed by the remaining participating regional perinatal |
162 | intensive care center program hospitals. |
163 | Section 3. Section 409.9113, Florida Statutes, is amended |
164 | to read: |
165 | 409.9113 Disproportionate share program for teaching |
166 | hospitals.--In addition to the payments made under ss. 409.911 |
167 | and 409.9112, the Agency for Health Care Administration shall |
168 | make disproportionate share payments to statutorily defined |
169 | teaching hospitals for their increased costs associated with |
170 | medical education programs and for tertiary health care services |
171 | provided to the indigent. This system of payments shall conform |
172 | with federal requirements and shall distribute funds in each |
173 | fiscal year for which an appropriation is made by making |
174 | quarterly Medicaid payments. Notwithstanding s. 409.915, |
175 | counties are exempt from contributing toward the cost of this |
176 | special reimbursement for hospitals serving a disproportionate |
177 | share of low-income patients. For the state fiscal year 2007- |
178 | 2008 2006-2007, the agency shall distribute the moneys provided |
179 | in the General Appropriations Act to statutorily defined |
180 | teaching hospitals and family practice teaching hospitals under |
181 | the teaching hospital disproportionate share program. The funds |
182 | provided for statutorily defined teaching hospitals shall be |
183 | distributed in the same proportion as the state fiscal year |
184 | 2003-2004 teaching hospital disproportionate share funds were |
185 | distributed. The funds provided for family practice teaching |
186 | hospitals shall be distributed equally among family practice |
187 | teaching hospitals. |
188 | (1) On or before September 15 of each year, the Agency for |
189 | Health Care Administration shall calculate an allocation |
190 | fraction to be used for distributing funds to state statutory |
191 | teaching hospitals. Subsequent to the end of each quarter of the |
192 | state fiscal year, the agency shall distribute to each statutory |
193 | teaching hospital, as defined in s. 408.07, an amount determined |
194 | by multiplying one-fourth of the funds appropriated for this |
195 | purpose by the Legislature times such hospital's allocation |
196 | fraction. The allocation fraction for each such hospital shall |
197 | be determined by the sum of three primary factors, divided by |
198 | three. The primary factors are: |
199 | (a) The number of nationally accredited graduate medical |
200 | education programs offered by the hospital, including programs |
201 | accredited by the Accreditation Council for Graduate Medical |
202 | Education and the combined Internal Medicine and Pediatrics |
203 | programs acceptable to both the American Board of Internal |
204 | Medicine and the American Board of Pediatrics at the beginning |
205 | of the state fiscal year preceding the date on which the |
206 | allocation fraction is calculated. The numerical value of this |
207 | factor is the fraction that the hospital represents of the total |
208 | number of programs, where the total is computed for all state |
209 | statutory teaching hospitals. |
210 | (b) The number of full-time equivalent trainees in the |
211 | hospital, which comprises two components: |
212 | 1. The number of trainees enrolled in nationally |
213 | accredited graduate medical education programs, as defined in |
214 | paragraph (a). Full-time equivalents are computed using the |
215 | fraction of the year during which each trainee is primarily |
216 | assigned to the given institution, over the state fiscal year |
217 | preceding the date on which the allocation fraction is |
218 | calculated. The numerical value of this factor is the fraction |
219 | that the hospital represents of the total number of full-time |
220 | equivalent trainees enrolled in accredited graduate programs, |
221 | where the total is computed for all state statutory teaching |
222 | hospitals. |
223 | 2. The number of medical students enrolled in accredited |
224 | colleges of medicine and engaged in clinical activities, |
225 | including required clinical clerkships and clinical electives. |
226 | Full-time equivalents are computed using the fraction of the |
227 | year during which each trainee is primarily assigned to the |
228 | given institution, over the course of the state fiscal year |
229 | preceding the date on which the allocation fraction is |
230 | calculated. The numerical value of this factor is the fraction |
231 | that the given hospital represents of the total number of full- |
232 | time equivalent students enrolled in accredited colleges of |
233 | medicine, where the total is computed for all state statutory |
234 | teaching hospitals. |
235 |
|
236 | The primary factor for full-time equivalent trainees is computed |
237 | as the sum of these two components, divided by two. |
238 | (c) A service index that comprises three components: |
239 | 1. The Agency for Health Care Administration Service |
240 | Index, computed by applying the standard Service Inventory |
241 | Scores established by the Agency for Health Care Administration |
242 | to services offered by the given hospital, as reported on |
243 | Worksheet A-2 for the last fiscal year reported to the agency |
244 | before the date on which the allocation fraction is calculated. |
245 | The numerical value of this factor is the fraction that the |
246 | given hospital represents of the total Agency for Health Care |
247 | Administration Service Index values, where the total is computed |
248 | for all state statutory teaching hospitals. |
249 | 2. A volume-weighted service index, computed by applying |
250 | the standard Service Inventory Scores established by the Agency |
251 | for Health Care Administration to the volume of each service, |
252 | expressed in terms of the standard units of measure reported on |
253 | Worksheet A-2 for the last fiscal year reported to the agency |
254 | before the date on which the allocation factor is calculated. |
255 | The numerical value of this factor is the fraction that the |
256 | given hospital represents of the total volume-weighted service |
257 | index values, where the total is computed for all state |
258 | statutory teaching hospitals. |
259 | 3. Total Medicaid payments to each hospital for direct |
260 | inpatient and outpatient services during the fiscal year |
261 | preceding the date on which the allocation factor is calculated. |
262 | This includes payments made to each hospital for such services |
263 | by Medicaid prepaid health plans, whether the plan was |
264 | administered by the hospital or not. The numerical value of this |
265 | factor is the fraction that each hospital represents of the |
266 | total of such Medicaid payments, where the total is computed for |
267 | all state statutory teaching hospitals. |
268 |
|
269 | The primary factor for the service index is computed as the sum |
270 | of these three components, divided by three. |
271 | (2) By October 1 of each year, the agency shall use the |
272 | following formula to calculate the maximum additional |
273 | disproportionate share payment for statutorily defined teaching |
274 | hospitals: |
275 |
|
276 | TAP = THAF x A |
277 |
|
278 | Where: |
279 | TAP = total additional payment. |
280 | THAF = teaching hospital allocation factor. |
281 | A = amount appropriated for a teaching hospital |
282 | disproportionate share program. |
283 | Section 4. Section 409.9117, Florida Statutes, is amended |
284 | to read: |
285 | 409.9117 Primary care disproportionate share program.--For |
286 | the state fiscal year 2007-2008 2006-2007, the agency shall not |
287 | distribute moneys under the primary care disproportionate share |
288 | program. |
289 | (1) If federal funds are available for disproportionate |
290 | share programs in addition to those otherwise provided by law, |
291 | there shall be created a primary care disproportionate share |
292 | program. |
293 | (2) The following formula shall be used by the agency to |
294 | calculate the total amount earned for hospitals that participate |
295 | in the primary care disproportionate share program: |
296 |
|
297 | TAE = HDSP/THDSP |
298 |
|
299 | Where: |
300 | TAE = total amount earned by a hospital participating in |
301 | the primary care disproportionate share program. |
302 | HDSP = the prior state fiscal year primary care |
303 | disproportionate share payment to the individual hospital. |
304 | THDSP = the prior state fiscal year total primary care |
305 | disproportionate share payments to all hospitals. |
306 | (3) The total additional payment for hospitals that |
307 | participate in the primary care disproportionate share program |
308 | shall be calculated by the agency as follows: |
309 |
|
310 | TAP = TAE x TA |
311 |
|
312 | Where: |
313 | TAP = total additional payment for a primary care hospital. |
314 | TAE = total amount earned by a primary care hospital. |
315 | TA = total appropriation for the primary care |
316 | disproportionate share program. |
317 | (4) In the establishment and funding of this program, the |
318 | agency shall use the following criteria in addition to those |
319 | specified in s. 409.911, payments may not be made to a hospital |
320 | unless the hospital agrees to: |
321 | (a) Cooperate with a Medicaid prepaid health plan, if one |
322 | exists in the community. |
323 | (b) Ensure the availability of primary and specialty care |
324 | physicians to Medicaid recipients who are not enrolled in a |
325 | prepaid capitated arrangement and who are in need of access to |
326 | such physicians. |
327 | (c) Coordinate and provide primary care services free of |
328 | charge, except copayments, to all persons with incomes up to 100 |
329 | percent of the federal poverty level who are not otherwise |
330 | covered by Medicaid or another program administered by a |
331 | governmental entity, and to provide such services based on a |
332 | sliding fee scale to all persons with incomes up to 200 percent |
333 | of the federal poverty level who are not otherwise covered by |
334 | Medicaid or another program administered by a governmental |
335 | entity, except that eligibility may be limited to persons who |
336 | reside within a more limited area, as agreed to by the agency |
337 | and the hospital. |
338 | (d) Contract with any federally qualified health center, |
339 | if one exists within the agreed geopolitical boundaries, |
340 | concerning the provision of primary care services, in order to |
341 | guarantee delivery of services in a nonduplicative fashion, and |
342 | to provide for referral arrangements, privileges, and |
343 | admissions, as appropriate. The hospital shall agree to provide |
344 | at an onsite or offsite facility primary care services within 24 |
345 | hours to which all Medicaid recipients and persons eligible |
346 | under this paragraph who do not require emergency room services |
347 | are referred during normal daylight hours. |
348 | (e) Cooperate with the agency, the county, and other |
349 | entities to ensure the provision of certain public health |
350 | services, case management, referral and acceptance of patients, |
351 | and sharing of epidemiological data, as the agency and the |
352 | hospital find mutually necessary and desirable to promote and |
353 | protect the public health within the agreed geopolitical |
354 | boundaries. |
355 | (f) In cooperation with the county in which the hospital |
356 | resides, develop a low-cost, outpatient, prepaid health care |
357 | program to persons who are not eligible for the Medicaid |
358 | program, and who reside within the area. |
359 | (g) Provide inpatient services to residents within the |
360 | area who are not eligible for Medicaid or Medicare, and who do |
361 | not have private health insurance, regardless of ability to pay, |
362 | on the basis of available space, except that nothing shall |
363 | prevent the hospital from establishing bill collection programs |
364 | based on ability to pay. |
365 | (h) Work with the Florida Healthy Kids Corporation, the |
366 | Florida Health Care Purchasing Cooperative, and business health |
367 | coalitions, as appropriate, to develop a feasibility study and |
368 | plan to provide a low-cost comprehensive health insurance plan |
369 | to persons who reside within the area and who do not have access |
370 | to such a plan. |
371 | (i) Work with public health officials and other experts to |
372 | provide community health education and prevention activities |
373 | designed to promote healthy lifestyles and appropriate use of |
374 | health services. |
375 | (j) Work with the local health council to develop a plan |
376 | for promoting access to affordable health care services for all |
377 | persons who reside within the area, including, but not limited |
378 | to, public health services, primary care services, inpatient |
379 | services, and affordable health insurance generally. |
380 |
|
381 | Any hospital that fails to comply with any of the provisions of |
382 | this subsection, or any other contractual condition, may not |
383 | receive payments under this section until full compliance is |
384 | achieved. |
385 | Section 5. Subsection (26) is added to section 409.906, |
386 | Florida Statutes, to read: |
387 | 409.906 Optional Medicaid services.--Subject to specific |
388 | appropriations, the agency may make payments for services which |
389 | are optional to the state under Title XIX of the Social Security |
390 | Act and are furnished by Medicaid providers to recipients who |
391 | are determined to be eligible on the dates on which the services |
392 | were provided. Any optional service that is provided shall be |
393 | provided only when medically necessary and in accordance with |
394 | state and federal law. Optional services rendered by providers |
395 | in mobile units to Medicaid recipients may be restricted or |
396 | prohibited by the agency. Nothing in this section shall be |
397 | construed to prevent or limit the agency from adjusting fees, |
398 | reimbursement rates, lengths of stay, number of visits, or |
399 | number of services, or making any other adjustments necessary to |
400 | comply with the availability of moneys and any limitations or |
401 | directions provided for in the General Appropriations Act or |
402 | chapter 216. If necessary to safeguard the state's systems of |
403 | providing services to elderly and disabled persons and subject |
404 | to the notice and review provisions of s. 216.177, the Governor |
405 | may direct the Agency for Health Care Administration to amend |
406 | the Medicaid state plan to delete the optional Medicaid service |
407 | known as "Intermediate Care Facilities for the Developmentally |
408 | Disabled." Optional services may include: |
409 | (26) ANESTHESIOLOGIST ASSISTANT SERVICES.--The agency may |
410 | pay for all services provided to a recipient by an |
411 | anesthesiologist assistant licensed under s. 458.3475 or s. |
412 | 459.023. Reimbursement for such services must be not less than |
413 | 80 percent of the reimbursement that would be paid to a |
414 | physician who provided the same services. |
415 | Section 6. Subsection (36) of section 393.063, Florida |
416 | Statutes, is amended to read: |
417 | 393.063 Definitions.--For the purposes of this chapter, |
418 | the term: |
419 | (36) "Support coordinator" means a person who is |
420 | designated by or under contract with the agency to serve as case |
421 | manager for assist individuals served in programs administered |
422 | by the agency, including, but not limited to, Medicaid waiver |
423 | programs, and to identify individuals' families in identifying |
424 | their capacities, needs, and resources, as well as finding and |
425 | gaining access to necessary supports and services; coordinating |
426 | the delivery of supports and services; advocating on behalf of |
427 | the individual and family; maintaining relevant records; and |
428 | monitoring and evaluating the delivery of supports and services. |
429 | A support coordinator is responsible for assisting the agency in |
430 | meeting the needs of individuals served while managing |
431 | expenditures within available resources to determine the extent |
432 | to which they meet the needs and expectations identified by the |
433 | individual, family, and others who participated in the |
434 | development of the support plan. |
435 | Section 7. Paragraph (c) is added to subsection (1) of |
436 | section 393.0661, Florida Statutes, to read: |
437 | 393.0661 Home and community-based services delivery |
438 | system; comprehensive redesign.--The Legislature finds that the |
439 | home and community-based services delivery system for persons |
440 | with developmental disabilities and the availability of |
441 | appropriated funds are two of the critical elements in making |
442 | services available. Therefore, it is the intent of the |
443 | Legislature that the Agency for Persons with Disabilities shall |
444 | develop and implement a comprehensive redesign of the system. |
445 | (1) The redesign of the home and community-based services |
446 | system shall include, at a minimum, all actions necessary to |
447 | achieve an appropriate rate structure, client choice within a |
448 | specified service package, appropriate assessment strategies, an |
449 | efficient billing process that contains reconciliation and |
450 | monitoring components, a redefined role for support coordinators |
451 | that avoids potential conflicts of interest, and ensures that |
452 | family/client budgets are linked to levels of need. |
453 | (c) By December 1, 2007, the Agency for Persons with |
454 | Disabilities, in consultation with the Agency for Health Care |
455 | Administration, shall create a model service delivery system |
456 | pilot project for persons with developmental disabilities who |
457 | receive services under the developmental disabilities waiver |
458 | program administered by the Agency for Persons with |
459 | Disabilities. Persons with developmental disabilities who |
460 | receive services under the family and supported living waiver |
461 | program or the consumer-directed care plus waiver program |
462 | administered by the Agency for Persons with Disabilities may |
463 | also be included in the system if the agency determines that |
464 | such inclusion is feasible and will improve coordination of care |
465 | and management of costs. The system must transfer and combine |
466 | all services funded by Medicaid waiver programs and services |
467 | funded only by the state, including room and board and supported |
468 | living payments, for individuals who participate in the system. |
469 | The pilot project shall document increased client outcomes that |
470 | are known to be associated with a valid needs assessment of the |
471 | level of need of the client, rate setting based on the level of |
472 | need, and encouragement of the use of community-centered |
473 | services and supports. The pilot project shall implement strong |
474 | utilization control, such as capped rates, in order to ensure |
475 | predictable and controlled annual costs. Medicaid service |
476 | delivery, including, but not limited to, service authorization, |
477 | care management, and monitoring shall be managed locally through |
478 | the area office of the Agency for Persons with Disabilities in |
479 | order to encourage provider development. Support coordination |
480 | services shall be available to individuals participating in the |
481 | pilot program. |
482 | 1. The Legislature intends that the service delivery |
483 | system provide recipients in Medicaid waiver programs with a |
484 | coordinated system of services, increased cost predictability, |
485 | and a stabilized rate of increase in Medicaid expenditures while |
486 | ensuring: |
487 | a. Consumer choice. |
488 | b. Opportunities for consumer-directed services. |
489 | c. Access to medically necessary services. |
490 | d. Coordination of community-based services. |
491 | e. Reductions in the unnecessary use of services. |
492 | 2. The Agency for Persons with Disabilities shall |
493 | implement the system on a pilot basis in Area 1 and may conduct |
494 | a similar pilot in an urban area of the Agency for Persons with |
495 | Disabilities, in consultation with the Agency for Health Care |
496 | Administration. After completion of the development phase of the |
497 | system, attainment of necessary federal approval, selection of |
498 | qualified providers, and rate setting, the Agency for Persons |
499 | with Disabilities shall delegate administration of the system to |
500 | the administrator of the agency's local area office. The Agency |
501 | for Persons with Disabilities shall set standards for qualified |
502 | providers and provide quality assurance, monitoring oversight, |
503 | and other duties necessary for the system. The enrollment of |
504 | Medicaid waiver recipients into the system in pilot areas shall |
505 | be mandatory. |
506 | 3. The local area office shall administer the pilot |
507 | program and shall be responsible for ensuring that the costs of |
508 | the program do not exceed the amount of funds allocated for the |
509 | program. The agency area administrator shall also: |
510 | a. Identify the needs of the recipients using a |
511 | standardized assessment process approved by the agency. |
512 | b. Allow a recipient to select any provider that has been |
513 | qualified by the agency, provided that the service offered by |
514 | the provider is appropriate to meet the needs of the recipient. |
515 | c. Make a good faith effort to select qualified providers |
516 | currently providing Medicaid waiver services for the agency in |
517 | the pilot area. |
518 | d. Develop and use a service provider qualification system |
519 | approved by the agency that describes the quality of care |
520 | standards that providers of service to persons with |
521 | developmental disabilities must meet in order to provide |
522 | services within the pilot area. |
523 | e. Exclude, when feasible, chronically poor-performing |
524 | providers and facilities as determined by the agency. |
525 | f. Demonstrate a quality assurance system and a |
526 | performance improvement system that are satisfactory to the |
527 | agency. |
528 | 4. The agency must ensure that the rate-setting |
529 | methodology for the system reflects the intent to provide |
530 | quality care in the least restrictive setting appropriate for |
531 | the recipient and provide for choice by the recipient. The |
532 | agency may choose to limit financial risk for the pilot area |
533 | operating the system to cover high-cost recipients or to address |
534 | the catastrophic care needs of recipients enrolled in the |
535 | system. |
536 | 5. Within 24 months after implementation, the agency shall |
537 | contract for a comprehensive evaluation of the system. The |
538 | evaluation must include assessments of cost savings, cost- |
539 | effectiveness, recipient outcomes, consumer choice, access to |
540 | services, coordination of care, and quality of care. The |
541 | evaluation shall include, but not be limited to, an assessment |
542 | of the following aspects: |
543 | a. A study of the funding patterns of the cost-prediction |
544 | methodology before and after implementation of the pilot |
545 | program; |
546 | b. A study of the service utilization patterns of the |
547 | cost-prediction methodology before and after implementation of |
548 | the pilot program; |
549 | c. The accuracy of the cost-prediction methodology in |
550 | explaining and predicting funding levels for individuals |
551 | receiving each of the three waivers in the pilot areas; |
552 | d. The accuracy of the cost-prediction methodology and a |
553 | plan for dealing with cases involving individuals with the |
554 | highest and lowest support needs and funding levels; |
555 | e. A survey of consumer satisfaction regarding consumer |
556 | choice, scope of services, and proposed funding levels generated |
557 | by the cost-prediction methodology in the pilot areas; |
558 | f. The applicability of the cost-prediction methodology |
559 | to explain and predict funding levels for all individuals |
560 | receiving the waivers; |
561 | g. The robustness of the cost-prediction methodology to |
562 | withstand appeals and grievances; and |
563 | h. A systematic comparison of the outcomes in both pilot |
564 | areas and the different models that are demonstrated. |
565 | 6. Each pilot area shall form an advisory committee that |
566 | includes representatives from the stakeholder community, |
567 | including persons with disabilities, family members of persons |
568 | with disabilities, members of disability advocacy groups, and |
569 | representatives of program service providers to provide feedback |
570 | and monitor the implementation of the pilot program on at least |
571 | a quarterly basis. |
572 | 7. The Agency for Persons with Disabilities shall form an |
573 | advisory committee that includes representatives from the |
574 | stakeholder community, including persons with disabilities, |
575 | family members of persons with disabilities, members of |
576 | disability advocacy groups, and representatives of program |
577 | service providers to provide feedback and monitor the |
578 | implementation of the pilot program from a statewide |
579 | perspective. |
580 | 8. The advisory committees shall submit reports evaluating |
581 | the progress of the pilot programs to the President of the |
582 | Senate and the Speaker of the House of Representatives on a |
583 | quarterly basis. |
584 | 9. The agency shall submit a report that describes the |
585 | administrative or legal barriers to the implementation and |
586 | operation of the system, including recommendations regarding |
587 | statewide expansion of the system and a recommendation for the |
588 | model service delivery system to be implemented statewide, to |
589 | the Governor, the President of the Senate, and the Speaker of |
590 | the House of Representatives no later than December 31, 2008. |
591 | 10. The agency, in coordination with the Agency for Health |
592 | Care Administration, may seek federal waivers or Medicaid state |
593 | plan amendments and adopt rules as necessary to administer the |
594 | system on a pilot basis. The agency must receive specific |
595 | authorization from the Legislature prior to expanding beyond the |
596 | area one pilot designated for the implementation of this system. |
597 | Further expansion of this pilot project requires approval by the |
598 | Legislature. |
599 | Section 8. The sum of $250,000 in nonrecurring funds from |
600 | the General Revenue Fund and $250,000 in nonrecurring funds from |
601 | the Administrative Trust Fund are appropriated to the Agency for |
602 | Persons with Disabilities to implement the provisions of this |
603 | act. |
604 | Section 9. This act shall take effect July 1, 2007. |