Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. PCS (224390) for SB 1986 Barcode 275632 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Gaetz) recommended the following: 1 Senate Amendment 2 3 Delete lines 483 - 554 4 and insert: 5 (b) Terminated for cause, pursuant to the appeals 6 procedures established by the state or federal government, from 7 any state Medicaid program or the federal Medicare program. 8 Section 11. Subsection (4) of section 409.905, Florida 9 Statutes, is amended to read: 10 409.905 Mandatory Medicaid services.—The agency may make 11 payments for the following services, which are required of the 12 state by Title XIX of the Social Security Act, furnished by 13 Medicaid providers to recipients who are determined to be 14 eligible on the dates on which the services were provided. Any 15 service under this section shall be provided only when medically 16 necessary and in accordance with state and federal law. 17 Mandatory services rendered by providers in mobile units to 18 Medicaid recipients may be restricted by the agency. Nothing in 19 this section shall be construed to prevent or limit the agency 20 from adjusting fees, reimbursement rates, lengths of stay, 21 number of visits, number of services, or any other adjustments 22 necessary to comply with the availability of moneys and any 23 limitations or directions provided for in the General 24 Appropriations Act or chapter 216. 25 (4) HOME HEALTH CARE SERVICES.—The agency shall pay for 26 nursing and home health aide services, supplies, appliances, and 27 durable medical equipment, necessary to assist a recipient 28 living at home. An entity that provides services pursuant to 29 this subsection shall be licensed under part III of chapter 400. 30 These services, equipment, and supplies, or reimbursement 31 therefor, may be limited as provided in the General 32 Appropriations Act and do not include services, equipment, or 33 supplies provided to a person residing in a hospital or nursing 34 facility. 35 (a) In providing home health care services, the agency may 36 require prior authorization of care based on diagnosis or 37 utilization rates. The agency shall require prior authorization 38 for visits for home health services that are not associated with 39 a skilled nursing visit when the home health agency utilization 40 rates exceed the state average by 50 percent or more. The home 41 health agency must submit the recipient’s plan of care and 42 documentation that supports the recipient’s diagnosis to the 43 agency when requesting prior authorization. 44 (b) The agency shall implement a comprehensive utilization 45 management program that requires prior authorization of all 46 private duty nursing services, an individualized treatment plan 47 that includes information about medication and treatment orders, 48 treatment goals, methods of care to be used, and plans for care 49 coordination by nurses and other health professionals. The 50 utilization management program shall also include a process for 51 periodically reviewing the ongoing use of private duty nursing 52 services. The assessment of need shall be based on a child’s 53 condition, family support and care supplements, a family’s 54 ability to provide care, and a family’s and child’s schedule 55 regarding work, school, sleep, and care for other family 56 dependents. When implemented, the private duty nursing 57 utilization management program shall replace the current 58 authorization program used by the Agency for Health Care 59 Administration and the Children’s Medical Services program of 60 the Department of Health. The agency may competitively bid on a 61 contract to select a qualified organization to provide 62 utilization management of private duty nursing services. The 63 agency is authorized to seek federal waivers to implement this 64 initiative. 65 (c) The agency may not pay for home health services, unless 66 the services are medically necessary, and: 67 1. The services are ordered by a physician. 68 2. The written prescription for the services is signed and 69 dated by the recipient’s physician before the development of a 70 plan of care and before any request requiring prior 71 authorization. 72 3. The physician ordering the services is not employed, 73 under contract with, or otherwise affiliated with the home 74 health agency rendering the services. 75 4. The physician ordering the services has examined the 76 recipient within the 30 days preceding the initial request for 77 the services and biannually thereafter. 78