Florida Senate - 2008 SB 2316

By Senator Wilson

33-03859-08 20082316__

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A bill to be entitled

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An act relating to access to health care; creating a

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discount health care card pilot program in Miami-Dade

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County; providing duties of the Agency for Health Care

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Administration to implement the program; providing

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conditions for provider funding through the program;

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requiring the agency to reimburse participants in the

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program under certain circumstances; requiring the agency

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to submit an annual report for the duration of the program

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with recommendations to the Governor and the Legislature;

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providing sovereign immunity for health care providers

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that participate in the program; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Discount health care card pilot program.--

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     (1) The Agency for Health Care Administration shall

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establish a discount health care card program as a 3-year pilot

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program in Miami-Dade County. To implement the program, the

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agency shall:

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     (a) Establish an alliance between hospitals, federally

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qualified health centers, and free clinics in Miami-Dade County

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to provide health care services at a discount to county

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residents.

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     (b) To the extent that funding is available, negotiate with

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hospitals, clinics, and federally qualified health centers

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regarding rates associated with the discount health care card

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program. To be eligible to receive state funding, the health care

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provider must participate in the alliance. If a provider does not

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participate in the alliance, the provider may not file an

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application for a certificate of need or participate in the

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personal care attendant program.

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     (c) Make services of the program available to any resident

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of Miami-Dade County who submits an application to the agency and

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meets the criteria under subsection (2).

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     (2) The agency shall reimburse a participant in the program

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whose income is equal to or below 200 percent of the then-current

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federal poverty guidelines up to 25 percent of the costs incurred

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for health care services that equal $20,000 or more with low-

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income pool funds according to published federal statutes,

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regulations, and waivers and the low-income pool methodology

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approved by the federal Centers for Medicare and Medicaid

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Services. The participant shall agree to an installment payment

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plan established by the hospital. If the participant fails to pay

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the amount agreed upon for 4 consecutive months, the participant

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shall be removed from the program until the unpaid balance is

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paid.

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     (3) Each participant in the program shall have an

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electronic medical record. The hospital, clinic, or federally

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qualified health center that provides services to the participant

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shall be the designated administrator of the electronic medical

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record.

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     (4) Each January 1, for the duration of the 3-year pilot

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program, the agency shall submit to the Governor, the President

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of the Senate, and the Speaker of the House of Representatives an

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annual report on the success and outcomes achieved by the pilot

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program, which must include a recommendation as to whether the

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pilot program should be continued, terminated, or expanded.

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     (5) Health care providers that contract to provide services

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under this program shall be considered agents of the state and

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afforded sovereign immunity protection as provided under s.

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766.1115, Florida Statutes.

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     Section 2.  This act shall take effect July 1, 2008.

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