1 | Representative Ambler offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Paragraph (c) is added to subsection (8) of |
6 | section 409.814, Florida Statutes, to read: |
7 | 409.814 Eligibility.--A child who has not reached 19 years |
8 | of age whose family income is equal to or below 200 percent of |
9 | the federal poverty level is eligible for the Florida Kidcare |
10 | program as provided in this section. For enrollment in the |
11 | Children's Medical Services Network, a complete application |
12 | includes the medical or behavioral health screening. If, |
13 | subsequently, an individual is determined to be ineligible for |
14 | coverage, he or she must immediately be disenrolled from the |
15 | respective Florida Kidcare program component. |
16 | (8) In determining the eligibility of a child, an assets |
17 | test is not required. Each applicant shall provide written |
18 | documentation during the application process and the |
19 | redetermination process, including, but not limited to, the |
20 | following: |
21 | (a) Proof of family income, which must include a copy of |
22 | the applicant's most recent federal income tax return. In the |
23 | absence of a federal income tax return, an applicant may submit |
24 | wages and earnings statements (pay stubs), W-2 forms, or other |
25 | appropriate documents. |
26 | (b) A statement from all family members that: |
27 | 1. Their employer does not sponsor a health benefit plan |
28 | for employees; or |
29 | 2. The potential enrollee is not covered by the employer- |
30 | sponsored health benefit plan because the potential enrollee is |
31 | not eligible for coverage, or, if the potential enrollee is |
32 | eligible but not covered, a statement of the cost to enroll the |
33 | potential enrollee in the employer-sponsored health benefit |
34 | plan. |
35 | (c) Effective no later than January 1, 2010, verification |
36 | of the potential enrollee's or enrollee's citizenship status to |
37 | the extent required under Title XXI of the Social Security Act. |
38 | Section 2. Paragraphs (g) and (q) of subsection (2) of |
39 | section 409.815, Florida Statutes, are amended, and paragraph |
40 | (w) is added to that subsection, to read: |
41 | 409.815 Health benefits coverage; limitations.-- |
42 | (2) BENCHMARK BENEFITS.--In order for health benefits |
43 | coverage to qualify for premium assistance payments for an |
44 | eligible child under ss. 409.810-409.820, the health benefits |
45 | coverage, except for coverage under Medicaid and Medikids, must |
46 | include the following minimum benefits, as medically necessary. |
47 | (g) Behavioral health services.-- |
48 | 1. Mental health benefits include: |
49 | a. Inpatient services, limited to not more than 30 |
50 | inpatient days per contract year for psychiatric admissions, or |
51 | residential services in facilities licensed under s. 394.875(6) |
52 | or s. 395.003 in lieu of inpatient psychiatric admissions; |
53 | however, a minimum of 10 of the 30 days shall be available only |
54 | for inpatient psychiatric services when authorized by a |
55 | physician; and |
56 | b. Outpatient services, including outpatient visits for |
57 | psychological or psychiatric evaluation, diagnosis, and |
58 | treatment by a licensed mental health professional, limited to a |
59 | maximum of 40 outpatient visits each contract year. |
60 | 2. Substance abuse services include: |
61 | a. Inpatient services, limited to not more than 7 |
62 | inpatient days per contract year for medical detoxification only |
63 | and 30 days of residential services; and |
64 | b. Outpatient services, including evaluation, diagnosis, |
65 | and treatment by a licensed practitioner, limited to a maximum |
66 | of 40 outpatient visits per contract year. |
67 | 3. Effective October 1, 2009, covered services include |
68 | inpatient and outpatient services for mental and nervous |
69 | disorders as defined in the most recent edition of the |
70 | Diagnostic and Statistical Manual of Mental Disorders published |
71 | by the American Psychiatric Association. Such benefits include |
72 | psychological or psychiatric evaluation, diagnosis, and |
73 | treatment by a licensed mental health professional and |
74 | inpatient, outpatient, and residential treatment services for |
75 | the diagnosis and treatment of substance abuse disorders. Any |
76 | benefit limitations, including duration of services, number of |
77 | visits, or number of days for hospitalization or residential |
78 | services may not be any less favorable than those for physical |
79 | illnesses generally for the care and treatment of schizophrenia |
80 | and psychotic disorders, mood disorders, anxiety disorders, |
81 | substance abuse disorders, eating disorders, and childhood |
82 | attention deficit disorders. The program may also implement |
83 | appropriate financial incentives, peer review, utilization |
84 | requirements, and other methods used for the management of |
85 | benefits provided for other medical conditions in order to |
86 | reduce service costs and utilization without compromising |
87 | quality of care. |
88 | (q) Dental services.--Effective October 1, 2009, dental |
89 | services shall be covered as required under federal law and may |
90 | also include those dental benefits provided to children by the |
91 | Florida Medicaid program under s. 409.906(6). Changes to the |
92 | dental benefit in order to comply with federal law are effective |
93 | October 1, 2009. |
94 | (w) Reimbursement of federally qualified health centers |
95 | and rural health clinics.--Effective October 1, 2009, payments |
96 | for services provided to enrollees by federally qualified health |
97 | centers and rural health clinics under this section shall be |
98 | reimbursed using the Medicaid Prospective Payment System as |
99 | provided for under s. 2107(e)(1)(D) of the Social Security Act, |
100 | 42 U.S.C. s. 1397gg(e)(1)(D), as added by Pub. L. No 105-33, |
101 | Title IV, s. 4901(a). If such services are paid for by health |
102 | insurers or health care providers under contract with the |
103 | Florida Healthy Kids Corporation, such entities are responsible |
104 | for this payment. The agency may seek any available federal |
105 | grants to assist with this transition. |
106 | Section 3. Paragraph (c) of subsection (3) of section |
107 | 409.818, Florida Statutes, is amended to read: |
108 | 409.818 Administration.--In order to implement ss. |
109 | 409.810-409.820, the following agencies shall have the following |
110 | duties: |
111 | (3) The Agency for Health Care Administration, under the |
112 | authority granted in s. 409.914(1), shall: |
113 | (c) Monitor compliance with quality assurance and access |
114 | standards developed under s. 409.820 and in accordance with s. |
115 | 2103(f) of the Social Security Act, 42 U.S.C. s. 1397cc(f). |
116 |
|
117 | The agency is designated the lead state agency for Title XXI of |
118 | the Social Security Act for purposes of receipt of federal |
119 | funds, for reporting purposes, and for ensuring compliance with |
120 | federal and state regulations and rules. |
121 | Section 4. Subsections (1) and (2) of section 409.904, |
122 | Florida Statutes, are amended to read: |
123 | 409.904 Optional payments for eligible persons.--The |
124 | agency may make payments for medical assistance and related |
125 | services on behalf of the following persons who are determined |
126 | to be eligible subject to the income, assets, and categorical |
127 | eligibility tests set forth in federal and state law. Payment on |
128 | behalf of these Medicaid eligible persons is subject to the |
129 | availability of moneys and any limitations established by the |
130 | General Appropriations Act or chapter 216. |
131 | (1) Effective January 1, 2006, and subject to federal |
132 | waiver approval, a person who is age 65 or older or is |
133 | determined to be disabled, whose income is at or below 88 |
134 | percent of the federal poverty level, whose assets do not exceed |
135 | established limitations, and who is not eligible for Medicare |
136 | or, if eligible for Medicare, is also eligible for and receiving |
137 | Medicaid-covered institutional care services, hospice services, |
138 | or home and community-based services. The agency shall seek |
139 | federal authorization through a waiver to provide this coverage. |
140 | This subsection expires June 30, 2010 2009. |
141 | (2)(a) A family, a pregnant woman, a child under age 21, a |
142 | person age 65 or over, or a blind or disabled person, who would |
143 | be eligible under any group listed in s. 409.903(1), (2), or |
144 | (3), except that the income or assets of such family or person |
145 | exceed established limitations. For a family or person in one of |
146 | these coverage groups, medical expenses are deductible from |
147 | income in accordance with federal requirements in order to make |
148 | a determination of eligibility. A family or person eligible |
149 | under the coverage known as the "medically needy," is eligible |
150 | to receive the same services as other Medicaid recipients, with |
151 | the exception of services in skilled nursing facilities and |
152 | intermediate care facilities for the developmentally disabled. |
153 | This paragraph subsection expires June 30, 2010 2009. |
154 | (b) Effective July 1, 2010 2009, a pregnant woman or a |
155 | child younger than 21 years of age who would be eligible under |
156 | any group listed in s. 409.903, except that the income or assets |
157 | of such group exceed established limitations. For a person in |
158 | one of these coverage groups, medical expenses are deductible |
159 | from income in accordance with federal requirements in order to |
160 | make a determination of eligibility. A person eligible under the |
161 | coverage known as the "medically needy" is eligible to receive |
162 | the same services as other Medicaid recipients, with the |
163 | exception of services in skilled nursing facilities and |
164 | intermediate care facilities for the developmentally disabled. |
165 | Section 5. Subsection (4) and paragraph (c) of subsection |
166 | (5) of section 409.905, Florida Statutes, are amended to read: |
167 | 409.905 Mandatory Medicaid services.--The agency may make |
168 | payments for the following services, which are required of the |
169 | state by Title XIX of the Social Security Act, furnished by |
170 | Medicaid providers to recipients who are determined to be |
171 | eligible on the dates on which the services were provided. Any |
172 | service under this section shall be provided only when medically |
173 | necessary and in accordance with state and federal law. |
174 | Mandatory services rendered by providers in mobile units to |
175 | Medicaid recipients may be restricted by the agency. Nothing in |
176 | this section shall be construed to prevent or limit the agency |
177 | from adjusting fees, reimbursement rates, lengths of stay, |
178 | number of visits, number of services, or any other adjustments |
179 | necessary to comply with the availability of moneys and any |
180 | limitations or directions provided for in the General |
181 | Appropriations Act or chapter 216. |
182 | (4) HOME HEALTH CARE SERVICES.--The agency shall pay for |
183 | nursing and home health aide services, supplies, appliances, and |
184 | durable medical equipment, necessary to assist a recipient |
185 | living at home. An entity that provides services pursuant to |
186 | this subsection shall be licensed under part III of chapter 400. |
187 | These services, equipment, and supplies, or reimbursement |
188 | therefor, may be limited as provided in the General |
189 | Appropriations Act and do not include services, equipment, or |
190 | supplies provided to a person residing in a hospital or nursing |
191 | facility. |
192 | (a) In providing home health care services, the agency may |
193 | require prior authorization of care based on diagnosis or |
194 | utilization rates. Prior authorization is required for home |
195 | health services visits not associated with a skilled nursing |
196 | visit if the home health agency's utilization rates exceed the |
197 | state average by 50 percent or more. The home health agency must |
198 | submit documentation that supports the recipient's diagnosis and |
199 | the recipient's plan of care to the agency when requesting prior |
200 | authorization. |
201 | (b) The agency shall implement a comprehensive utilization |
202 | management program that requires prior authorization of all |
203 | private duty nursing services, an individualized treatment plan |
204 | that includes information about medication and treatment orders, |
205 | treatment goals, methods of care to be used, and plans for care |
206 | coordination by nurses and other health professionals. The |
207 | utilization management program shall also include a process for |
208 | periodically reviewing the ongoing use of private duty nursing |
209 | services. For a child, the assessment of need shall be based on |
210 | a child's condition, family support and care supplements, a |
211 | family's ability to provide care, and a family's and child's |
212 | schedule regarding work, school, sleep, and care for other |
213 | family dependents. When implemented, the private duty nursing |
214 | utilization management program shall replace the current |
215 | authorization program used by the Agency for Health Care |
216 | Administration and the Children's Medical Services program of |
217 | the Department of Health. The agency may competitively bid on a |
218 | contract to select a qualified organization to provide |
219 | utilization management of private duty nursing services. The |
220 | agency is authorized to seek federal waivers to implement this |
221 | initiative. |
222 | (c) The agency may provide reimbursement only for those |
223 | home health services that are medically necessary and if: |
224 | 1. The services are ordered by a physician. |
225 | 2. The written prescription for services is signed and |
226 | dated by the recipient's physician before the development of a |
227 | plan of care and before any required request for prior |
228 | authorization. |
229 | 3. The physician ordering the services is not employed, |
230 | under contract with, or otherwise affiliated with the home |
231 | health agency rendering the services. However, this provision |
232 | does not apply to a home health agency affiliated with a |
233 | retirement community, of which the parent corporation or a |
234 | related legal entity owns a rural health clinic certified under |
235 | 42 C.F.R., part 491, subpart A, ss. 1-11, a nursing home |
236 | licensed under part II of chapter 400, and apartments and |
237 | single-family homes for independent living. |
238 | 4. The physician ordering the services has examined the |
239 | recipient within 30 days before the initial request for services |
240 | and biannually thereafter. |
241 | 5. The written prescription for the services includes the |
242 | recipient's acute or chronic medical condition or diagnosis; the |
243 | home health service required, including the minimum skill level |
244 | required to perform the service; and the frequency and duration |
245 | of the services. |
246 | 6. The national provider identifier, Medicaid |
247 | identification number, or professional license number of the |
248 | physician ordering the services is listed on the written |
249 | prescription for the services, the claim for home health |
250 | reimbursement, and the prior authorization request. |
251 | (5) HOSPITAL INPATIENT SERVICES.--The agency shall pay for |
252 | all covered services provided for the medical care and treatment |
253 | of a recipient who is admitted as an inpatient by a licensed |
254 | physician or dentist to a hospital licensed under part I of |
255 | chapter 395. However, the agency shall limit the payment for |
256 | inpatient hospital services for a Medicaid recipient 21 years of |
257 | age or older to 45 days or the number of days necessary to |
258 | comply with the General Appropriations Act. |
259 | (c) The Agency for Health Care Administration shall adjust |
260 | a hospital's current inpatient per diem rate to reflect the cost |
261 | of serving the Medicaid population at that institution if: |
262 | 1. The hospital experiences an increase in Medicaid |
263 | caseload by more than 25 percent in any year, primarily |
264 | resulting from the closure of a hospital in the same service |
265 | area occurring after July 1, 1995; |
266 | 2. The hospital's Medicaid per diem rate is at least 25 |
267 | percent below the Medicaid per patient cost for that year; or |
268 | 3. The hospital is located in a county that has six five |
269 | or fewer acute care bed hospitals, began offering obstetrical |
270 | services on or after September 1999, and has submitted a request |
271 | in writing to the agency for a rate adjustment after July 1, |
272 | 2000, but before September 30, 2000, in which case such |
273 | hospital's Medicaid inpatient per diem rate shall be adjusted to |
274 | cost, effective July 1, 2002. |
275 |
|
276 | No later than October 1 of each year, the agency must provide |
277 | estimated costs for any adjustment in a hospital inpatient per |
278 | diem pursuant to this paragraph to the Executive Office of the |
279 | Governor, the House of Representatives General Appropriations |
280 | Committee, and the Senate Appropriations Committee. Before the |
281 | agency implements a change in a hospital's inpatient per diem |
282 | rate pursuant to this paragraph, the Legislature must have |
283 | specifically appropriated sufficient funds in the General |
284 | Appropriations Act to support the increase in cost as estimated |
285 | by the agency. |
286 | Section 6. Subsection (23) of section 409.906, Florida |
287 | Statutes, is amended to read: |
288 | 409.906 Optional Medicaid services.--Subject to specific |
289 | appropriations, the agency may make payments for services which |
290 | are optional to the state under Title XIX of the Social Security |
291 | Act and are furnished by Medicaid providers to recipients who |
292 | are determined to be eligible on the dates on which the services |
293 | were provided. Any optional service that is provided shall be |
294 | provided only when medically necessary and in accordance with |
295 | state and federal law. Optional services rendered by providers |
296 | in mobile units to Medicaid recipients may be restricted or |
297 | prohibited by the agency. Nothing in this section shall be |
298 | construed to prevent or limit the agency from adjusting fees, |
299 | reimbursement rates, lengths of stay, number of visits, or |
300 | number of services, or making any other adjustments necessary to |
301 | comply with the availability of moneys and any limitations or |
302 | directions provided for in the General Appropriations Act or |
303 | chapter 216. If necessary to safeguard the state's systems of |
304 | providing services to elderly and disabled persons and subject |
305 | to the notice and review provisions of s. 216.177, the Governor |
306 | may direct the Agency for Health Care Administration to amend |
307 | the Medicaid state plan to delete the optional Medicaid service |
308 | known as "Intermediate Care Facilities for the Developmentally |
309 | Disabled." Optional services may include: |
310 | (23) VISUAL SERVICES.--The agency may pay for visual |
311 | examinations, eyeglasses, and eyeglass repairs for a recipient |
312 | if they are prescribed by a licensed physician specializing in |
313 | diseases of the eye or by a licensed optometrist. Eyeglass |
314 | frames Eyeglasses for adult recipients shall be limited to one |
315 | pair two pairs per year per recipient every 2 years, except a |
316 | second third pair may be provided during that period after prior |
317 | authorization. Eyeglass lenses for adult recipients shall be |
318 | limited to one pair per year and may only be provided after |
319 | prior authorization. |
320 | Section 7. Subsection (6) of section 409.9082, Florida |
321 | Statutes, as created by chapter 2009-4, Laws of Florida, is |
322 | amended, and paragraph (d) is added to subsection (3) of that |
323 | section, to read: |
324 | 409.9082 Quality assessment on nursing home facility |
325 | providers; exemptions; purpose; federal approval required; |
326 | remedies.-- |
327 | (3) |
328 | (d) The agency may exempt a qualified public nursing |
329 | facility that is not owned or operated by the state from the |
330 | quality assessment or apply a lower quality assessment rate to |
331 | that facility if the facility's total annual census days for |
332 | indigent care exceed 25 percent of the facility's total annual |
333 | census days. |
334 | (6) The quality assessment shall terminate and the agency |
335 | shall discontinue the imposition, assessment, and collection of |
336 | the nursing facility quality assessment if any of the following |
337 | occur: |
338 | (a) the agency does not obtain necessary federal approval |
339 | for the nursing home facility quality assessment or the payment |
340 | rates required by subsection (4); or |
341 | (b) The weighted average Medicaid rate paid to nursing |
342 | home facilities is reduced below the weighted average Medicaid |
343 | rate to nursing home facilities in effect on December 31, 2008, |
344 | plus any future annual amount of the quality assessment and the |
345 | applicable matching federal funds. |
346 |
|
347 | Upon termination of the quality assessment, all collected |
348 | assessment revenues, less any amounts expended by the agency, |
349 | shall be returned on a pro rata basis to the nursing facilities |
350 | that paid them. |
351 | Section 8. Section 409.9083, Florida Statutes, is created |
352 | to read: |
353 | 409.9083 Quality assessment on privately operated |
354 | intermediate care facilities for the developmentally disabled; |
355 | exemptions; purpose; federal approval required; remedies.-- |
356 | (1) As used in this section, the term: |
357 | (a) "Intermediate care facility for the developmentally |
358 | disabled" or "ICF/DD" means a privately operated intermediate |
359 | care facility for the developmentally disabled licensed under |
360 | part VIII of chapter 400. |
361 | (b) "Net patient service revenue" means gross revenues |
362 | from services provided to ICF/DD facility residents, less |
363 | reductions from gross revenue resulting from an inability to |
364 | collect payment of charges. Net patient service revenue excludes |
365 | nonresident care revenues such as gain or loss on asset |
366 | disposal, prior year revenue, donations, and physician billings, |
367 | and all outpatient revenues. Reductions from gross revenue |
368 | include bad debts; contractual adjustments; uncompensated care; |
369 | administrative, courtesy, and policy discounts and adjustments; |
370 | and other such revenue deductions. |
371 | (c) "Resident day" means a calendar day of care provided |
372 | to an ICF/DD facility resident, including the day of admission |
373 | and excluding the day of discharge, except that, when admission |
374 | and discharge occur on the same day, 1 day of care exists. |
375 | (2) Effective October 1, 2009, there is imposed upon each |
376 | intermediate care facility for the developmentally disabled a |
377 | quality assessment. The aggregated amount of assessments for all |
378 | ICF/DDs in a given year shall be an amount not exceeding the |
379 | maximum percentage allowed under federal law of the total |
380 | aggregate net patient service revenue of assessed facilities. |
381 | The agency shall calculate the quality assessment rate annually |
382 | on a per-resident-day basis as reported by the facilities. The |
383 | per-resident-day assessment rate shall be uniform. Each facility |
384 | shall report monthly to the agency its total number of resident |
385 | days and shall remit an amount equal to the assessment rate |
386 | times the reported number of days. The agency shall collect, and |
387 | each facility shall pay, the quality assessment each month. The |
388 | agency shall collect the assessment from facility providers no |
389 | later than the 15th of the next succeeding calendar month. The |
390 | agency shall notify providers of the quality assessment rate and |
391 | provide a standardized form to complete and submit with |
392 | payments. The collection of the quality assessment shall |
393 | commence no sooner than 15 days after the agency's initial |
394 | payment to the facilities that implement the increased Medicaid |
395 | rates containing the elements prescribed in subsection (3) and |
396 | monthly thereafter. Intermediate care facilities for the |
397 | developmentally disabled may increase their rates to incorporate |
398 | the assessment but may not create a separate line-item charge |
399 | for the purpose of passing through the assessment to residents. |
400 | (3) The purpose of the facility quality assessment is to |
401 | ensure continued quality of care. Collected assessment funds |
402 | shall be used to obtain federal financial participation through |
403 | the Medicaid program to make Medicaid payments for ICF/DD |
404 | services up to the amount of the Medicaid rates for such |
405 | facilities as calculated in accordance with the approved state |
406 | Medicaid plan in effect on April 1, 2008. The quality assessment |
407 | and federal matching funds shall be used exclusively for the |
408 | following purposes and in the following order of priority: |
409 | (a) To reimburse the Medicaid share of the quality |
410 | assessment as a pass-through, Medicaid-allowable cost. |
411 | (b) To increase each privately operated ICF/DD Medicaid |
412 | rate, as needed, by an amount that restores the rate reductions |
413 | implemented on October 1, 2008. |
414 | (c) To increase each ICF/DD Medicaid rate, as needed, by |
415 | an amount that restores any rate reductions for the 2008-2009 |
416 | fiscal year. |
417 | (d) To increase payments to such facilities to fund |
418 | covered services to Medicaid beneficiaries. |
419 | (4) The agency shall seek necessary federal approval in |
420 | the form of state plan amendments in order to implement the |
421 | provisions of this section. |
422 | (5)(a) The quality assessment shall terminate and the |
423 | agency shall discontinue the imposition, assessment, and |
424 | collection of the quality assessment if the agency does not |
425 | obtain necessary federal approval for the facility quality |
426 | assessment or the payment rates required by subsection (3). |
427 | (b) Upon termination of the quality assessment, all |
428 | collected assessment revenues, less any amounts expended by the |
429 | agency, shall be returned on a pro rata basis to the facilities |
430 | that paid such assessments. |
431 | (6) The agency may seek any of the following remedies for |
432 | failure of any ICF/DD provider to timely pay its assessment: |
433 | (a) Withholding any medical assistance reimbursement |
434 | payments until the assessment amount is recovered. |
435 | (b) Suspending or revoking the facility's license. |
436 | (c) Imposing a fine of up to $1,000 per day for each |
437 | delinquent payment, not to exceed the amount of the assessment. |
438 | (7) The agency shall adopt rules necessary to administer |
439 | this section. |
440 | (8) This section is repealed October 1, 2011. |
441 | Section 9. Paragraph (a) of subsection (2) of section |
442 | 409.911, Florida Statutes, is amended to read: |
443 | 409.911 Disproportionate share program.--Subject to |
444 | specific allocations established within the General |
445 | Appropriations Act and any limitations established pursuant to |
446 | chapter 216, the agency shall distribute, pursuant to this |
447 | section, moneys to hospitals providing a disproportionate share |
448 | of Medicaid or charity care services by making quarterly |
449 | Medicaid payments as required. Notwithstanding the provisions of |
450 | s. 409.915, counties are exempt from contributing toward the |
451 | cost of this special reimbursement for hospitals serving a |
452 | disproportionate share of low-income patients. |
453 | (2) The Agency for Health Care Administration shall use |
454 | the following actual audited data to determine the Medicaid days |
455 | and charity care to be used in calculating the disproportionate |
456 | share payment: |
457 | (a) The average of the 2003, 2004, and 2005 2002, 2003, |
458 | and 2004 audited disproportionate share data to determine each |
459 | hospital's Medicaid days and charity care for the 2009-2010 |
460 | 2008-2009 state fiscal year. |
461 | Section 10. Section 409.9112, Florida Statutes, is amended |
462 | to read: |
463 | 409.9112 Disproportionate share program for regional |
464 | perinatal intensive care centers.-- |
465 | (1) In addition to the payments made under s. 409.911, the |
466 | Agency for Health Care Administration shall design and implement |
467 | a system of making disproportionate share payments to those |
468 | hospitals that participate in the regional perinatal intensive |
469 | care center program established pursuant to chapter 383. This |
470 | system of payments shall conform with federal requirements and |
471 | shall distribute funds in each fiscal year for which an |
472 | appropriation is made by making quarterly Medicaid payments. |
473 | Notwithstanding the provisions of s. 409.915, counties are |
474 | exempt from contributing toward the cost of this special |
475 | reimbursement for hospitals serving a disproportionate share of |
476 | low-income patients. For the state fiscal year 2009-2010 2008- |
477 | 2009, the agency shall not distribute moneys under the regional |
478 | perinatal intensive care centers disproportionate share program. |
479 | (2)(1) The following formula shall be used by the agency |
480 | to calculate the total amount earned for hospitals that |
481 | participate in the regional perinatal intensive care center |
482 | program: |
483 |
|
484 | TAE = HDSP/THDSP |
485 |
|
486 | Where: |
487 | TAE = total amount earned by a regional perinatal intensive |
488 | care center. |
489 | HDSP = the prior state fiscal year regional perinatal |
490 | intensive care center disproportionate share payment to the |
491 | individual hospital. |
492 | THDSP = the prior state fiscal year total regional |
493 | perinatal intensive care center disproportionate share payments |
494 | to all hospitals. |
495 | (3)(2) The total additional payment for hospitals that |
496 | participate in the regional perinatal intensive care center |
497 | program shall be calculated by the agency as follows: |
498 |
|
499 | TAP = TAE x TA |
500 |
|
501 | Where: |
502 | TAP = total additional payment for a regional perinatal |
503 | intensive care center. |
504 | TAE = total amount earned by a regional perinatal intensive |
505 | care center. |
506 | TA = total appropriation for the regional perinatal |
507 | intensive care center disproportionate share program. |
508 | (4)(3) In order to receive payments under this section, a |
509 | hospital must be participating in the regional perinatal |
510 | intensive care center program pursuant to chapter 383 and must |
511 | meet the following additional requirements: |
512 | (a) Agree to conform to all departmental and agency |
513 | requirements to ensure high quality in the provision of |
514 | services, including criteria adopted by departmental and agency |
515 | rule concerning staffing ratios, medical records, standards of |
516 | care, equipment, space, and such other standards and criteria as |
517 | the department and agency deem appropriate as specified by rule. |
518 | (b) Agree to provide information to the department and |
519 | agency, in a form and manner to be prescribed by rule of the |
520 | department and agency, concerning the care provided to all |
521 | patients in neonatal intensive care centers and high-risk |
522 | maternity care. |
523 | (c) Agree to accept all patients for neonatal intensive |
524 | care and high-risk maternity care, regardless of ability to pay, |
525 | on a functional space-available basis. |
526 | (d) Agree to develop arrangements with other maternity and |
527 | neonatal care providers in the hospital's region for the |
528 | appropriate receipt and transfer of patients in need of |
529 | specialized maternity and neonatal intensive care services. |
530 | (e) Agree to establish and provide a developmental |
531 | evaluation and services program for certain high-risk neonates, |
532 | as prescribed and defined by rule of the department. |
533 | (f) Agree to sponsor a program of continuing education in |
534 | perinatal care for health care professionals within the region |
535 | of the hospital, as specified by rule. |
536 | (g) Agree to provide backup and referral services to the |
537 | department's county health departments and other low-income |
538 | perinatal providers within the hospital's region, including the |
539 | development of written agreements between these organizations |
540 | and the hospital. |
541 | (h) Agree to arrange for transportation for high-risk |
542 | obstetrical patients and neonates in need of transfer from the |
543 | community to the hospital or from the hospital to another more |
544 | appropriate facility. |
545 | (5)(4) Hospitals which fail to comply with any of the |
546 | conditions in subsection (4) (3) or the applicable rules of the |
547 | department and agency shall not receive any payments under this |
548 | section until full compliance is achieved. A hospital which is |
549 | not in compliance in two or more consecutive quarters shall not |
550 | receive its share of the funds. Any forfeited funds shall be |
551 | distributed by the remaining participating regional perinatal |
552 | intensive care center program hospitals. |
553 | Section 11. Section 409.9113, Florida Statutes, is amended |
554 | to read: |
555 | 409.9113 Disproportionate share program for teaching |
556 | hospitals.-- |
557 | (1) In addition to the payments made under ss. 409.911 and |
558 | 409.9112, the Agency for Health Care Administration shall make |
559 | disproportionate share payments to statutorily defined teaching |
560 | hospitals for their increased costs associated with medical |
561 | education programs and for tertiary health care services |
562 | provided to the indigent. This system of payments shall conform |
563 | with federal requirements and shall distribute funds in each |
564 | fiscal year for which an appropriation is made by making |
565 | quarterly Medicaid payments. Notwithstanding s. 409.915, |
566 | counties are exempt from contributing toward the cost of this |
567 | special reimbursement for hospitals serving a disproportionate |
568 | share of low-income patients. For the state fiscal year 2009- |
569 | 2010 2008-2009, the agency shall distribute the moneys provided |
570 | in the General Appropriations Act to statutorily defined |
571 | teaching hospitals and family practice teaching hospitals under |
572 | the teaching hospital disproportionate share program. The funds |
573 | provided for statutorily defined teaching hospitals shall be |
574 | distributed in the same proportion as the state fiscal year |
575 | 2003-2004 teaching hospital disproportionate share funds were |
576 | distributed or as otherwise provided in the General |
577 | Appropriations Act. The funds provided for family practice |
578 | teaching hospitals shall be distributed equally among family |
579 | practice teaching hospitals. |
580 | (2)(1) On or before September 15 of each year, the Agency |
581 | for Health Care Administration shall calculate an allocation |
582 | fraction to be used for distributing funds to state statutory |
583 | teaching hospitals. Subsequent to the end of each quarter of the |
584 | state fiscal year, the agency shall distribute to each statutory |
585 | teaching hospital, as defined in s. 408.07, an amount determined |
586 | by multiplying one-fourth of the funds appropriated for this |
587 | purpose by the Legislature times such hospital's allocation |
588 | fraction. The allocation fraction for each such hospital shall |
589 | be determined by the sum of three primary factors, divided by |
590 | three. The primary factors are: |
591 | (a) The number of nationally accredited graduate medical |
592 | education programs offered by the hospital, including programs |
593 | accredited by the Accreditation Council for Graduate Medical |
594 | Education and the combined Internal Medicine and Pediatrics |
595 | programs acceptable to both the American Board of Internal |
596 | Medicine and the American Board of Pediatrics at the beginning |
597 | of the state fiscal year preceding the date on which the |
598 | allocation fraction is calculated. The numerical value of this |
599 | factor is the fraction that the hospital represents of the total |
600 | number of programs, where the total is computed for all state |
601 | statutory teaching hospitals. |
602 | (b) The number of full-time equivalent trainees in the |
603 | hospital, which comprises two components: |
604 | 1. The number of trainees enrolled in nationally |
605 | accredited graduate medical education programs, as defined in |
606 | paragraph (a). Full-time equivalents are computed using the |
607 | fraction of the year during which each trainee is primarily |
608 | assigned to the given institution, over the state fiscal year |
609 | preceding the date on which the allocation fraction is |
610 | calculated. The numerical value of this factor is the fraction |
611 | that the hospital represents of the total number of full-time |
612 | equivalent trainees enrolled in accredited graduate programs, |
613 | where the total is computed for all state statutory teaching |
614 | hospitals. |
615 | 2. The number of medical students enrolled in accredited |
616 | colleges of medicine and engaged in clinical activities, |
617 | including required clinical clerkships and clinical electives. |
618 | Full-time equivalents are computed using the fraction of the |
619 | year during which each trainee is primarily assigned to the |
620 | given institution, over the course of the state fiscal year |
621 | preceding the date on which the allocation fraction is |
622 | calculated. The numerical value of this factor is the fraction |
623 | that the given hospital represents of the total number of full- |
624 | time equivalent students enrolled in accredited colleges of |
625 | medicine, where the total is computed for all state statutory |
626 | teaching hospitals. |
627 |
|
628 | The primary factor for full-time equivalent trainees is computed |
629 | as the sum of these two components, divided by two. |
630 | (c) A service index that comprises three components: |
631 | 1. The Agency for Health Care Administration Service |
632 | Index, computed by applying the standard Service Inventory |
633 | Scores established by the Agency for Health Care Administration |
634 | to services offered by the given hospital, as reported on |
635 | Worksheet A-2 for the last fiscal year reported to the agency |
636 | before the date on which the allocation fraction is calculated. |
637 | The numerical value of this factor is the fraction that the |
638 | given hospital represents of the total Agency for Health Care |
639 | Administration Service Index values, where the total is computed |
640 | for all state statutory teaching hospitals. |
641 | 2. A volume-weighted service index, computed by applying |
642 | the standard Service Inventory Scores established by the Agency |
643 | for Health Care Administration to the volume of each service, |
644 | expressed in terms of the standard units of measure reported on |
645 | Worksheet A-2 for the last fiscal year reported to the agency |
646 | before the date on which the allocation factor is calculated. |
647 | The numerical value of this factor is the fraction that the |
648 | given hospital represents of the total volume-weighted service |
649 | index values, where the total is computed for all state |
650 | statutory teaching hospitals. |
651 | 3. Total Medicaid payments to each hospital for direct |
652 | inpatient and outpatient services during the fiscal year |
653 | preceding the date on which the allocation factor is calculated. |
654 | This includes payments made to each hospital for such services |
655 | by Medicaid prepaid health plans, whether the plan was |
656 | administered by the hospital or not. The numerical value of this |
657 | factor is the fraction that each hospital represents of the |
658 | total of such Medicaid payments, where the total is computed for |
659 | all state statutory teaching hospitals. |
660 |
|
661 | The primary factor for the service index is computed as the sum |
662 | of these three components, divided by three. |
663 | (3)(2) By October 1 of each year, the agency shall use the |
664 | following formula to calculate the maximum additional |
665 | disproportionate share payment for statutorily defined teaching |
666 | hospitals: |
667 |
|
668 | TAP = THAF x A |
669 |
|
670 | Where: |
671 | TAP = total additional payment. |
672 | THAF = teaching hospital allocation factor. |
673 | A = amount appropriated for a teaching hospital |
674 | disproportionate share program. |
675 | Section 12. Section 409.9117, Florida Statutes, is amended |
676 | to read: |
677 | 409.9117 Primary care disproportionate share program.-- |
678 | (1) For the state fiscal year 2009-2010 2008-2009, the |
679 | agency shall not distribute moneys under the primary care |
680 | disproportionate share program. |
681 | (2)(1) If federal funds are available for disproportionate |
682 | share programs in addition to those otherwise provided by law, |
683 | there shall be created a primary care disproportionate share |
684 | program. |
685 | (3)(2) The following formula shall be used by the agency |
686 | to calculate the total amount earned for hospitals that |
687 | participate in the primary care disproportionate share program: |
688 |
|
689 | TAE = HDSP/THDSP |
690 |
|
691 | Where: |
692 | TAE = total amount earned by a hospital participating in |
693 | the primary care disproportionate share program. |
694 | HDSP = the prior state fiscal year primary care |
695 | disproportionate share payment to the individual hospital. |
696 | THDSP = the prior state fiscal year total primary care |
697 | disproportionate share payments to all hospitals. |
698 | (4)(3) The total additional payment for hospitals that |
699 | participate in the primary care disproportionate share program |
700 | shall be calculated by the agency as follows: |
701 |
|
702 | TAP = TAE x TA |
703 |
|
704 | Where: |
705 | TAP = total additional payment for a primary care hospital. |
706 | TAE = total amount earned by a primary care hospital. |
707 | TA = total appropriation for the primary care |
708 | disproportionate share program. |
709 | (5)(4) In the establishment and funding of this program, |
710 | the agency shall use the following criteria in addition to those |
711 | specified in s. 409.911, payments may not be made to a hospital |
712 | unless the hospital agrees to: |
713 | (a) Cooperate with a Medicaid prepaid health plan, if one |
714 | exists in the community. |
715 | (b) Ensure the availability of primary and specialty care |
716 | physicians to Medicaid recipients who are not enrolled in a |
717 | prepaid capitated arrangement and who are in need of access to |
718 | such physicians. |
719 | (c) Coordinate and provide primary care services free of |
720 | charge, except copayments, to all persons with incomes up to 100 |
721 | percent of the federal poverty level who are not otherwise |
722 | covered by Medicaid or another program administered by a |
723 | governmental entity, and to provide such services based on a |
724 | sliding fee scale to all persons with incomes up to 200 percent |
725 | of the federal poverty level who are not otherwise covered by |
726 | Medicaid or another program administered by a governmental |
727 | entity, except that eligibility may be limited to persons who |
728 | reside within a more limited area, as agreed to by the agency |
729 | and the hospital. |
730 | (d) Contract with any federally qualified health center, |
731 | if one exists within the agreed geopolitical boundaries, |
732 | concerning the provision of primary care services, in order to |
733 | guarantee delivery of services in a nonduplicative fashion, and |
734 | to provide for referral arrangements, privileges, and |
735 | admissions, as appropriate. The hospital shall agree to provide |
736 | at an onsite or offsite facility primary care services within 24 |
737 | hours to which all Medicaid recipients and persons eligible |
738 | under this paragraph who do not require emergency room services |
739 | are referred during normal daylight hours. |
740 | (e) Cooperate with the agency, the county, and other |
741 | entities to ensure the provision of certain public health |
742 | services, case management, referral and acceptance of patients, |
743 | and sharing of epidemiological data, as the agency and the |
744 | hospital find mutually necessary and desirable to promote and |
745 | protect the public health within the agreed geopolitical |
746 | boundaries. |
747 | (f) In cooperation with the county in which the hospital |
748 | resides, develop a low-cost, outpatient, prepaid health care |
749 | program to persons who are not eligible for the Medicaid |
750 | program, and who reside within the area. |
751 | (g) Provide inpatient services to residents within the |
752 | area who are not eligible for Medicaid or Medicare, and who do |
753 | not have private health insurance, regardless of ability to pay, |
754 | on the basis of available space, except that nothing shall |
755 | prevent the hospital from establishing bill collection programs |
756 | based on ability to pay. |
757 | (h) Work with the Florida Healthy Kids Corporation, the |
758 | Florida Health Care Purchasing Cooperative, and business health |
759 | coalitions, as appropriate, to develop a feasibility study and |
760 | plan to provide a low-cost comprehensive health insurance plan |
761 | to persons who reside within the area and who do not have access |
762 | to such a plan. |
763 | (i) Work with public health officials and other experts to |
764 | provide community health education and prevention activities |
765 | designed to promote healthy lifestyles and appropriate use of |
766 | health services. |
767 | (j) Work with the local health council to develop a plan |
768 | for promoting access to affordable health care services for all |
769 | persons who reside within the area, including, but not limited |
770 | to, public health services, primary care services, inpatient |
771 | services, and affordable health insurance generally. |
772 |
|
773 | Any hospital that fails to comply with any of the provisions of |
774 | this subsection, or any other contractual condition, may not |
775 | receive payments under this section until full compliance is |
776 | achieved. |
777 | Section 13. Paragraph (g) is added to subsection (5) of |
778 | section 409.912, Florida Statutes, and subsections (54) and (55) |
779 | are added to that section, to read: |
780 | 409.912 Cost-effective purchasing of health care.--The |
781 | agency shall purchase goods and services for Medicaid recipients |
782 | in the most cost-effective manner consistent with the delivery |
783 | of quality medical care. To ensure that medical services are |
784 | effectively utilized, the agency may, in any case, require a |
785 | confirmation or second physician's opinion of the correct |
786 | diagnosis for purposes of authorizing future services under the |
787 | Medicaid program. This section does not restrict access to |
788 | emergency services or poststabilization care services as defined |
789 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
790 | shall be rendered in a manner approved by the agency. The agency |
791 | shall maximize the use of prepaid per capita and prepaid |
792 | aggregate fixed-sum basis services when appropriate and other |
793 | alternative service delivery and reimbursement methodologies, |
794 | including competitive bidding pursuant to s. 287.057, designed |
795 | to facilitate the cost-effective purchase of a case-managed |
796 | continuum of care. The agency shall also require providers to |
797 | minimize the exposure of recipients to the need for acute |
798 | inpatient, custodial, and other institutional care and the |
799 | inappropriate or unnecessary use of high-cost services. The |
800 | agency shall contract with a vendor to monitor and evaluate the |
801 | clinical practice patterns of providers in order to identify |
802 | trends that are outside the normal practice patterns of a |
803 | provider's professional peers or the national guidelines of a |
804 | provider's professional association. The vendor must be able to |
805 | provide information and counseling to a provider whose practice |
806 | patterns are outside the norms, in consultation with the agency, |
807 | to improve patient care and reduce inappropriate utilization. |
808 | The agency may mandate prior authorization, drug therapy |
809 | management, or disease management participation for certain |
810 | populations of Medicaid beneficiaries, certain drug classes, or |
811 | particular drugs to prevent fraud, abuse, overuse, and possible |
812 | dangerous drug interactions. The Pharmaceutical and Therapeutics |
813 | Committee shall make recommendations to the agency on drugs for |
814 | which prior authorization is required. The agency shall inform |
815 | the Pharmaceutical and Therapeutics Committee of its decisions |
816 | regarding drugs subject to prior authorization. The agency is |
817 | authorized to limit the entities it contracts with or enrolls as |
818 | Medicaid providers by developing a provider network through |
819 | provider credentialing. The agency may competitively bid single- |
820 | source-provider contracts if procurement of goods or services |
821 | results in demonstrated cost savings to the state without |
822 | limiting access to care. The agency may limit its network based |
823 | on the assessment of beneficiary access to care, provider |
824 | availability, provider quality standards, time and distance |
825 | standards for access to care, the cultural competence of the |
826 | provider network, demographic characteristics of Medicaid |
827 | beneficiaries, practice and provider-to-beneficiary standards, |
828 | appointment wait times, beneficiary use of services, provider |
829 | turnover, provider profiling, provider licensure history, |
830 | previous program integrity investigations and findings, peer |
831 | review, provider Medicaid policy and billing compliance records, |
832 | clinical and medical record audits, and other factors. Providers |
833 | shall not be entitled to enrollment in the Medicaid provider |
834 | network. The agency shall determine instances in which allowing |
835 | Medicaid beneficiaries to purchase durable medical equipment and |
836 | other goods is less expensive to the Medicaid program than long- |
837 | term rental of the equipment or goods. The agency may establish |
838 | rules to facilitate purchases in lieu of long-term rentals in |
839 | order to protect against fraud and abuse in the Medicaid program |
840 | as defined in s. 409.913. The agency may seek federal waivers |
841 | necessary to administer these policies. |
842 | (5) The Agency for Health Care Administration, in |
843 | partnership with the Department of Elderly Affairs, shall create |
844 | an integrated, fixed-payment delivery program for Medicaid |
845 | recipients who are 60 years of age or older or dually eligible |
846 | for Medicare and Medicaid. The Agency for Health Care |
847 | Administration shall implement the integrated program initially |
848 | on a pilot basis in two areas of the state. The pilot areas |
849 | shall be Area 7 and Area 11 of the Agency for Health Care |
850 | Administration. Enrollment in the pilot areas shall be on a |
851 | voluntary basis and in accordance with approved federal waivers |
852 | and this section. The agency and its program contractors and |
853 | providers shall not enroll any individual in the integrated |
854 | program because the individual or the person legally responsible |
855 | for the individual fails to choose to enroll in the integrated |
856 | program. Enrollment in the integrated program shall be |
857 | exclusively by affirmative choice of the eligible individual or |
858 | by the person legally responsible for the individual. The |
859 | integrated program must transfer all Medicaid services for |
860 | eligible elderly individuals who choose to participate into an |
861 | integrated-care management model designed to serve Medicaid |
862 | recipients in the community. The integrated program must combine |
863 | all funding for Medicaid services provided to individuals who |
864 | are 60 years of age or older or dually eligible for Medicare and |
865 | Medicaid into the integrated program, including funds for |
866 | Medicaid home and community-based waiver services; all Medicaid |
867 | services authorized in ss. 409.905 and 409.906, excluding funds |
868 | for Medicaid nursing home services unless the agency is able to |
869 | demonstrate how the integration of the funds will improve |
870 | coordinated care for these services in a less costly manner; and |
871 | Medicare coinsurance and deductibles for persons dually eligible |
872 | for Medicaid and Medicare as prescribed in s. 409.908(13). |
873 | (g) The implementation of the integrated, fixed-payment |
874 | delivery program created under this subsection is subject to an |
875 | appropriation in the General Appropriations Act. |
876 | (54) The agency shall develop and implement a home health |
877 | agency monitoring pilot project in Miami-Dade County by January |
878 | 1, 2010. The agency shall contract with a vendor to verify the |
879 | utilization and the delivery of home health services and provide |
880 | an electronic billing interface for home health services. The |
881 | contract must require the creation of a program to submit claims |
882 | for the home health services electronically. The program must |
883 | verify visits for the delivery of home health services |
884 | telephonically using voice biometrics. The agency may seek |
885 | amendments to the Medicaid state plan and waivers of federal |
886 | laws, as necessary, to implement the pilot project. |
887 | Notwithstanding s. 287.057(5)(f), the agency must award the |
888 | contract through the competitive solicitation process. The |
889 | agency shall submit a report to the Governor, the President of |
890 | the Senate, and the Speaker of the House of Representatives |
891 | evaluating the pilot project by February 1, 2011. |
892 | (55) The agency shall implement a comprehensive care |
893 | management pilot project in Miami-Dade County for home health |
894 | services by January 1, 2010, which includes face-to-face |
895 | assessments by a state-licensed nurse, consultation with |
896 | physicians ordering services to substantiate the medical |
897 | necessity for services, and onsite or desk reviews of |
898 | recipients' medical records. The agency may enter into a |
899 | contract with a qualified organization to implement the pilot |
900 | project. The agency may seek amendments to the Medicaid state |
901 | plan and waivers of federal laws, as necessary, to implement the |
902 | pilot project. |
903 | Section 14. Paragraph (e) of subsection (3) and subsection |
904 | (12) of section 409.91211, Florida Statutes, are amended to |
905 | read: |
906 | 409.91211 Medicaid managed care pilot program.-- |
907 | (3) The agency shall have the following powers, duties, |
908 | and responsibilities with respect to the pilot program: |
909 | (e) To implement policies and guidelines for phasing in |
910 | financial risk for approved provider service networks over a 5- |
911 | year 3-year period. These policies and guidelines must include |
912 | an option for a provider service network to be paid fee-for- |
913 | service rates. For any provider service network established in a |
914 | managed care pilot area, the option to be paid fee-for-service |
915 | rates shall include a savings-settlement mechanism that is |
916 | consistent with s. 409.912(44). This model shall be converted to |
917 | a risk-adjusted capitated rate no later than the beginning of |
918 | the sixth fourth year of operation, and may be converted earlier |
919 | at the option of the provider service network. Federally |
920 | qualified health centers may be offered an opportunity to accept |
921 | or decline a contract to participate in any provider network for |
922 | prepaid primary care services. |
923 | (12) For purposes of this section, the term "capitated |
924 | managed care plan" includes health insurers authorized under |
925 | chapter 624, exclusive provider organizations authorized under |
926 | chapter 627, health maintenance organizations authorized under |
927 | chapter 641, the Children's Medical Services Network under |
928 | chapter 391, and provider service networks that elect to be paid |
929 | fee-for-service for up to 5 3 years as authorized under this |
930 | section. |
931 | Section 15. Subsection (18) is added to section 430.04, |
932 | Florida Statutes, to read: |
933 | 430.04 Duties and responsibilities of the Department of |
934 | Elderly Affairs.--The Department of Elderly Affairs shall: |
935 | (18) Administer all Medicaid waivers and programs relating |
936 | to elders and their appropriations. The waivers include, but are |
937 | not limited to, the following: |
938 | (a) Alzheimer's Dementia-Specific Medicaid Waiver as |
939 | defined in s. 430.502(7),(8), and (9). |
940 | (b) Assisted Living for the Elderly Medicaid Waiver. |
941 | (c) Aged and Disabled Adult Medicaid Waiver. |
942 | (d) Adult Day Health Care Waiver. |
943 | (e) Consumer-directed care program as defined in s. |
944 | 409.221. |
945 | (f) Program of All-inclusive Care for the Elderly. |
946 | (g) Long-term care community-based diversion pilot |
947 | projects as defined in s. 430.705. |
948 | (h) Channeling Services Waiver for Frail Elders. |
949 | Section 16. Section 430.707, Florida Statutes, is amended |
950 | to read: |
951 | 430.707 Contracts.-- |
952 | (1) The department, in consultation with the agency, shall |
953 | select and contract with managed care organizations and, on a |
954 | prepaid basis, with other qualified providers as defined in s. |
955 | 430.703(7) to provide long-term care within community diversion |
956 | pilot project areas. All providers shall report quarterly to the |
957 | department regarding the entity's compliance with all the |
958 | financial and quality assurance requirements of the contract. |
959 | (2) The department, in consultation with the agency, may |
960 | contract with entities that which have submitted an application |
961 | as a community nursing home diversion project as of July 1, |
962 | 1998, to provide benefits pursuant to the "Program of All- |
963 | inclusive Care for the Elderly" as established in Pub. L. No. |
964 | 105-33. For the purposes of this community nursing home |
965 | diversion project, such entities are shall be exempt from the |
966 | requirements of chapter 641, if the entity is a private, |
967 | nonprofit, superior-rated nursing home and if with at least 50 |
968 | percent of its residents are eligible for Medicaid. The agency, |
969 | in consultation with the department, shall accept and forward to |
970 | the Centers for Medicare and Medicaid Services an application |
971 | for expansion of the pilot project from an entity that provides |
972 | benefits pursuant to the Program of All-inclusive Care for the |
973 | Elderly and that is in good standing with the agency, the |
974 | department, and the Centers for Medicare and Medicaid Services. |
975 | Section 17. This act shall take effect July 1, 2009. |
976 |
|
977 |
|
978 | ----------------------------------------------------- |
979 | T I T L E A M E N D M E N T |
980 | Remove the entire title and insert: |
981 | A bill to be entitled |
982 | An act relating to health care; amending s. 409.814, F.S.; |
983 | providing Florida Kidcare eligibility determination |
984 | requirements; amending s. 409.815, F.S.; revising |
985 | mandatory benefit requirements for behavioral health and |
986 | dental services; providing reimbursement requirements for |
987 | federally qualified health centers and rural health |
988 | clinics; amending s. 409.818, F.S.; requiring the Agency |
989 | for Health Care Administration to monitor the compliance |
990 | and quality of health insurance plans in the Florida |
991 | Kidcare program as required by federal law; amending s. |
992 | 409.904, F.S.; revising the expiration date of provisions |
993 | authorizing the federal waiver for certain persons age 65 |
994 | and over or who have a disability; revising the expiration |
995 | date of provisions authorizing a specified medically needy |
996 | program; amending s. 409.905, F.S., relating to mandatory |
997 | Medicaid services; requiring prior authorization for |
998 | certain home health services; requiring home health |
999 | agencies to submit certain supporting documentation when |
1000 | requesting prior authorization; establishing reimbursement |
1001 | requirements for home health services; providing an |
1002 | exemption for certain home health agencies; revising |
1003 | conditions for adjustment of a hospital's inpatient per |
1004 | diem rate; amending s. 409.906, F.S., relating to optional |
1005 | Medicaid services; providing limitations on the provision |
1006 | of adult vision services; amending s. 409.9082, F.S.; |
1007 | authorizing the agency to exempt certain nursing home |
1008 | facility providers from quality assessments or apply a |
1009 | lower assessment rate to the facility; modifying |
1010 | circumstances requiring discontinuance of the quality |
1011 | assessment on nursing home facility providers; creating s. |
1012 | 409.9083, F.S.; providing definitions; providing for a |
1013 | quality assessment to be imposed upon privately operated |
1014 | intermediate care facility providers for the |
1015 | developmentally disabled; requiring the agency to |
1016 | calculate the quality assessment rate annually; providing |
1017 | requirements for reporting and collecting the assessment; |
1018 | specifying the purposes of the assessment and an order of |
1019 | priority; requiring that the agency seek federal |
1020 | authorization to implement the act; specifying |
1021 | circumstances requiring discontinuance of the quality |
1022 | assessment; authorizing the agency to impose certain |
1023 | penalties against providers that fail to pay the |
1024 | assessment; requiring the agency to adopt rules; providing |
1025 | for future repeal; amending s. 409.911, F.S.; revising the |
1026 | share data used to calculate disproportionate share |
1027 | payments to hospitals; amending s. 409.9112, F.S.; |
1028 | revising the time period during which the agency is |
1029 | prohibited from distributing disproportionate share |
1030 | payments to regional perinatal intensive care centers; |
1031 | amending s. 409.9113, F.S.; requiring the agency to |
1032 | distribute moneys provided in the General Appropriations |
1033 | Act to statutorily defined teaching hospitals and family |
1034 | practice teaching hospitals under the teaching hospital |
1035 | disproportionate share program for the 2009-2010 fiscal |
1036 | year; amending s. 409.9117, F.S.; prohibiting the agency |
1037 | from distributing moneys under the primary care |
1038 | disproportionate share program for the 2009-2010 fiscal |
1039 | year; amending s. 409.912, F.S.; providing that the |
1040 | continuance of the integrated fixed-payment delivery pilot |
1041 | program for certain elderly or dually eligible recipients |
1042 | is contingent upon an appropriation; creating a pilot |
1043 | project in Miami-Dade County to monitor the delivery of |
1044 | home health services and provide for electronic claims for |
1045 | home health services; authorizing the agency to seek |
1046 | amendments to the state plan and waivers of federal law to |
1047 | implement the project; requiring the agency to award |
1048 | contracts based on a competitive solicitation process; |
1049 | requiring a report to the Governor and Legislature; |
1050 | creating a comprehensive care management pilot project in |
1051 | Miami-Dade County for home health services; authorizing |
1052 | the agency to seek amendments to the state plan and |
1053 | waivers of federal law to implement the project; amending |
1054 | s. 409.91211, F.S.; revising the date when provider |
1055 | service networks convert from fee-for-service to |
1056 | capitation rates; amending s. 430.04, F.S.; requiring the |
1057 | Department of Elderly Affairs to administer all Medicaid |
1058 | waivers and programs relating to elders and their |
1059 | appropriations; amending s. 430.707, F.S.; requiring the |
1060 | agency, in consultation with the Department of Elderly |
1061 | Affairs, to accept and forward to the Centers for Medicare |
1062 | and Medicaid Services an application for expansion of a |
1063 | pilot project from an entity that provides certain |
1064 | benefits under a federal program; providing an effective |
1065 | date. |