Florida Senate - 2009                                    SB 2690
       
       
       
       By Senator Baker
       
       
       
       
       20-01804-09                                           20092690__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid reform; requiring the
    3         Agency for Health Care Administration to establish a
    4         legislative workgroup on Medicaid reform; providing
    5         for membership, meetings, and duties; requiring a
    6         report to the Governor and Legislature; providing for
    7         expiration of the workgroup; amending s. 395.1041,
    8         F.S.; providing legislative intent with respect to
    9         access to nonemergency medical services; amending s.
   10         408.910, F.S.; eliminating the opt-out provision for
   11         Medicaid reform participants in the Florida Health
   12         Choices Program; amending s. 409.8132, F.S.;
   13         eliminating the choice counseling option for
   14         applicants for the Medikids program component;
   15         amending s. 409.912, F.S.; conforming a cross
   16         reference; amending s. 409.91211, F.S., relating to
   17         the Medicaid managed care pilot program; authorizing
   18         the agency to seek changes to the current Medicaid
   19         reform waiver; revising objectives for distribution of
   20         certain Medicaid program funds; requiring the agency
   21         to provide plan recipients with reform plan encounter
   22         data and a toll-free complaint telephone number;
   23         deleting references to a choice counseling system and
   24         the opt-out option for Medicaid recipients; requiring
   25         the agency to post certain standards and policies on
   26         its Internet website; authorizing the agency to
   27         develop financial incentives for community-based care
   28         providers for certain purposes; amending s. 409.91213,
   29         F.S., relating to the agency’s quarterly progress and
   30         annual reports to the Legislature; deleting references
   31         to Medicaid choice counseling services, the opt-out
   32         program, and the enhanced benefit accounts program;
   33         amending s. 409.9122, F.S., relating to mandatory
   34         Medicaid managed care enrollment; deleting references
   35         to the opt-out program and certain contracts for
   36         choice counseling services; providing an effective
   37         date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Legislative workgroup on Medicaid reform;
   42  duties.—
   43         (1) The Agency for Health Care Administration shall
   44  establish a legislative workgroup to review the Medicaid managed
   45  care pilot program established under s. 409.91211, Florida
   46  Statutes. The workgroup shall:
   47         (a) Review the patient-encounter data, review the
   48  independent studies performed during the course of the pilot
   49  program, and assess to what extent the current Medicaid reform
   50  pilot program meets the requirements of the current waivers
   51  granted by the federal Centers for Medicare and Medicaid
   52  Services.
   53         (b) Examine the cost-effectiveness and impact of the
   54  enhanced benefit accounts program, particularly in rural
   55  counties.
   56         (c) Examine the opt-out option established under s.
   57  409.91211(4)(g), Florida Statutes, that permits Medicaid
   58  enrollees to purchase health care coverage through an employer
   59  sponsored health insurance plan.
   60         (d) Explore whether the implementation of low-income pool
   61  plans has resulted in innovative changes to improve the
   62  effectiveness of community-based services and the impact that
   63  these plans have had on inpatient hospital utilization and
   64  access to Medicaid-funded transportation, including requests for
   65  urgent care.
   66         (e) Review the impact of low-income pool plans on
   67  behavioral health care and the ability of consumers to access
   68  appropriate care, including whether the 80:20 rule should be
   69  imposed as a method to ensure that mental health services remain
   70  a priority for the plans. For purposes of this section, the term
   71  “80:20 rule” means the requirement that contracts issued
   72  pursuant to s. 409.912(4)(b), Florida Statutes, spend at least
   73  80 percent of the capitation paid to the managed care plan for
   74  behavioral health care services and not more than 20 percent on
   75  overhead and administrative costs.
   76         (f) Examine how plans have utilized downward substitution
   77  of care and whether this practice has led to greater innovation
   78  and more cost-effective provision of care. For purposes of this
   79  section, the term “downward substitution” means the use of less
   80  restrictive, lower cost, and medically appropriate services
   81  provided as an alternative to higher cost state plan services.
   82  Downward substitution of care may include private practice
   83  psychologists and social workers, inpatient care in institutions
   84  for mental illness, and other services the plan considers to be
   85  more cost-effective than hospital inpatient care.
   86         (g) Review the use of risk-adjusted rates, especially for
   87  rural counties.
   88         (h) Review the grievance resolution process and the
   89  procedure for filing complaints with the agency regarding access
   90  to care and consider alternative approaches.
   91         (i) Consider changes to the federal waiver to respond to
   92  identified problems and consider new methods or approaches,
   93  which may include physician direct-care models, specialty
   94  behavioral health plans, county-based models, and hospital-based
   95  systems of care in addition to the managed care delivery models
   96  currently authorized.
   97         (j) Consider changes to create financial incentives that
   98  reward risk taking and innovation and expand the use of downward
   99  substitution strategies, which shall not be limited to
  100  treatment-only services but shall include access to cost
  101  effective approaches including providing custodial care for
  102  persons with chronic diseases.
  103         (2) The workgroup shall include representatives from the
  104  Department of Children and Family Services, the Department of
  105  Elderly Affairs, the Agency for Health Care Administration, the
  106  Department of Health, the Medicaid Fraud Control Unit, and trade
  107  associations and consumer advocates.
  108         (3) Members of the workgroup shall serve at without
  109  compensation. The workgroup shall conduct at least four meetings
  110  and shall submit a final report recommending changes to the
  111  Medicaid managed care pilot program to the Governor, the
  112  President of the Senate, and the Speaker of the House of
  113  Representatives by January 1, 2010.
  114         (4) The workgroup shall expire January 1, 2010.
  115         Section 2. Subsection (1) of section 395.1041, Florida
  116  Statutes, is amended to read:
  117         395.1041 Access to emergency services and care.—
  118         (1) LEGISLATIVE INTENT.—The Legislature finds and declares
  119  it to be of vital importance that emergency services and care be
  120  provided by hospitals and physicians to every person in need of
  121  such care. The Legislature finds that persons have been denied
  122  emergency services and care by hospitals. It is the intent of
  123  the Legislature that the agency vigorously enforce the ability
  124  of persons to receive all necessary and appropriate emergency
  125  services and care and that the agency act in a thorough and
  126  timely manner against hospitals and physicians which deny
  127  persons emergency services and care. It is further the intent of
  128  the Legislature that hospitals, emergency medical services
  129  providers, and other health care providers work together in
  130  their local communities to enter into agreements or arrangements
  131  to ensure access to emergency services and care. It is further
  132  the intent of the Legislature that hospitals develop a placement
  133  and referral system for persons in need of nonemergency medical
  134  services to have access to appropriate licensed settings that
  135  are capable of providing those services. The Legislature further
  136  recognizes that appropriate emergency services and care often
  137  require followup consultation and treatment in order to
  138  effectively care for emergency medical conditions.
  139         Section 3. Paragraph (b) of subsection (4) of section
  140  408.910, Florida Statutes, is amended to read:
  141         408.910 Florida Health Choices Program.—
  142         (4) ELIGIBILITY AND PARTICIPATION.—Participation in the
  143  program is voluntary and shall be available to employers,
  144  individuals, vendors, and health insurance agents as specified
  145  in this subsection.
  146         (b) Individuals eligible to participate in the program
  147  include:
  148         1. Individual employees of enrolled employers.
  149         2. State employees not eligible for state employee health
  150  benefits.
  151         3. State retirees.
  152         4. Medicaid reform participants who select the opt-out
  153  provision of reform.
  154         4.5. Statutory rural hospitals.
  155         Section 4. Subsection (7) of section 409.8132, Florida
  156  Statutes, is amended to read:
  157         409.8132 Medikids program component.—
  158         (7) ENROLLMENT.—Enrollment in the Medikids program
  159  component may occur at any time throughout the year. A child may
  160  not receive services under the Medikids program until the child
  161  is enrolled in a managed care plan or MediPass. Once determined
  162  eligible, an applicant may receive choice counseling and select
  163  a managed care plan or MediPass. The agency may initiate
  164  mandatory assignment for a Medikids applicant who has not chosen
  165  a managed care plan or MediPass provider after the applicant’s
  166  voluntary choice period ends. An applicant may select MediPass
  167  under the Medikids program component only in counties that have
  168  fewer than two managed care plans available to serve Medicaid
  169  recipients and only if the federal Health Care Financing
  170  Administration determines that MediPass constitutes “health
  171  insurance coverage” as defined in Title XXI of the Social
  172  Security Act.
  173         Section 5. Paragraph (b) of subsection (4) of section
  174  409.912, Florida Statutes, is amended to read:
  175         409.912 Cost-effective purchasing of health care.—The
  176  agency shall purchase goods and services for Medicaid recipients
  177  in the most cost-effective manner consistent with the delivery
  178  of quality medical care. To ensure that medical services are
  179  effectively utilized, the agency may, in any case, require a
  180  confirmation or second physician’s opinion of the correct
  181  diagnosis for purposes of authorizing future services under the
  182  Medicaid program. This section does not restrict access to
  183  emergency services or poststabilization care services as defined
  184  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  185  shall be rendered in a manner approved by the agency. The agency
  186  shall maximize the use of prepaid per capita and prepaid
  187  aggregate fixed-sum basis services when appropriate and other
  188  alternative service delivery and reimbursement methodologies,
  189  including competitive bidding pursuant to s. 287.057, designed
  190  to facilitate the cost-effective purchase of a case-managed
  191  continuum of care. The agency shall also require providers to
  192  minimize the exposure of recipients to the need for acute
  193  inpatient, custodial, and other institutional care and the
  194  inappropriate or unnecessary use of high-cost services. The
  195  agency shall contract with a vendor to monitor and evaluate the
  196  clinical practice patterns of providers in order to identify
  197  trends that are outside the normal practice patterns of a
  198  provider’s professional peers or the national guidelines of a
  199  provider’s professional association. The vendor must be able to
  200  provide information and counseling to a provider whose practice
  201  patterns are outside the norms, in consultation with the agency,
  202  to improve patient care and reduce inappropriate utilization.
  203  The agency may mandate prior authorization, drug therapy
  204  management, or disease management participation for certain
  205  populations of Medicaid beneficiaries, certain drug classes, or
  206  particular drugs to prevent fraud, abuse, overuse, and possible
  207  dangerous drug interactions. The Pharmaceutical and Therapeutics
  208  Committee shall make recommendations to the agency on drugs for
  209  which prior authorization is required. The agency shall inform
  210  the Pharmaceutical and Therapeutics Committee of its decisions
  211  regarding drugs subject to prior authorization. The agency is
  212  authorized to limit the entities it contracts with or enrolls as
  213  Medicaid providers by developing a provider network through
  214  provider credentialing. The agency may competitively bid single
  215  source-provider contracts if procurement of goods or services
  216  results in demonstrated cost savings to the state without
  217  limiting access to care. The agency may limit its network based
  218  on the assessment of beneficiary access to care, provider
  219  availability, provider quality standards, time and distance
  220  standards for access to care, the cultural competence of the
  221  provider network, demographic characteristics of Medicaid
  222  beneficiaries, practice and provider-to-beneficiary standards,
  223  appointment wait times, beneficiary use of services, provider
  224  turnover, provider profiling, provider licensure history,
  225  previous program integrity investigations and findings, peer
  226  review, provider Medicaid policy and billing compliance records,
  227  clinical and medical record audits, and other factors. Providers
  228  shall not be entitled to enrollment in the Medicaid provider
  229  network. The agency shall determine instances in which allowing
  230  Medicaid beneficiaries to purchase durable medical equipment and
  231  other goods is less expensive to the Medicaid program than long
  232  term rental of the equipment or goods. The agency may establish
  233  rules to facilitate purchases in lieu of long-term rentals in
  234  order to protect against fraud and abuse in the Medicaid program
  235  as defined in s. 409.913. The agency may seek federal waivers
  236  necessary to administer these policies.
  237         (4) The agency may contract with:
  238         (b) An entity that is providing comprehensive behavioral
  239  health care services to certain Medicaid recipients through a
  240  capitated, prepaid arrangement pursuant to the federal waiver
  241  provided for by s. 409.905(5). Such an entity must be licensed
  242  under chapter 624, chapter 636, or chapter 641 and must possess
  243  the clinical systems and operational competence to manage risk
  244  and provide comprehensive behavioral health care to Medicaid
  245  recipients. As used in this paragraph, the term “comprehensive
  246  behavioral health care services” means covered mental health and
  247  substance abuse treatment services that are available to
  248  Medicaid recipients. The secretary of the Department of Children
  249  and Family Services shall approve provisions of procurements
  250  related to children in the department’s care or custody prior to
  251  enrolling such children in a prepaid behavioral health plan. Any
  252  contract awarded under this paragraph must be competitively
  253  procured. In developing the behavioral health care prepaid plan
  254  procurement document, the agency shall ensure that the
  255  procurement document requires the contractor to develop and
  256  implement a plan to ensure compliance with s. 394.4574 related
  257  to services provided to residents of licensed assisted living
  258  facilities that hold a limited mental health license. Except as
  259  provided in subparagraph 8., and except in counties where the
  260  Medicaid managed care pilot program is authorized pursuant to s.
  261  409.91211, the agency shall seek federal approval to contract
  262  with a single entity meeting these requirements to provide
  263  comprehensive behavioral health care services to all Medicaid
  264  recipients not enrolled in a Medicaid managed care plan
  265  authorized under s. 409.91211 or a Medicaid health maintenance
  266  organization in an AHCA area. In an AHCA area where the Medicaid
  267  managed care pilot program is authorized pursuant to s.
  268  409.91211 in one or more counties, the agency may procure a
  269  contract with a single entity to serve the remaining counties as
  270  an AHCA area or the remaining counties may be included with an
  271  adjacent AHCA area and shall be subject to this paragraph. Each
  272  entity must offer sufficient choice of providers in its network
  273  to ensure recipient access to care and the opportunity to select
  274  a provider with whom they are satisfied. The network shall
  275  include all public mental health hospitals. To ensure unimpaired
  276  access to behavioral health care services by Medicaid
  277  recipients, all contracts issued pursuant to this paragraph
  278  shall require 80 percent of the capitation paid to the managed
  279  care plan, including health maintenance organizations, to be
  280  expended for the provision of behavioral health care services.
  281  In the event the managed care plan expends less than 80 percent
  282  of the capitation paid pursuant to this paragraph for the
  283  provision of behavioral health care services, the difference
  284  shall be returned to the agency. The agency shall provide the
  285  managed care plan with a certification letter indicating the
  286  amount of capitation paid during each calendar year for the
  287  provision of behavioral health care services pursuant to this
  288  section. The agency may reimburse for substance abuse treatment
  289  services on a fee-for-service basis until the agency finds that
  290  adequate funds are available for capitated, prepaid
  291  arrangements.
  292         1. By January 1, 2001, the agency shall modify the
  293  contracts with the entities providing comprehensive inpatient
  294  and outpatient mental health care services to Medicaid
  295  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
  296  Counties, to include substance abuse treatment services.
  297         2. By July 1, 2003, the agency and the Department of
  298  Children and Family Services shall execute a written agreement
  299  that requires collaboration and joint development of all policy,
  300  budgets, procurement documents, contracts, and monitoring plans
  301  that have an impact on the state and Medicaid community mental
  302  health and targeted case management programs.
  303         3. Except as provided in subparagraph 8., by July 1, 2006,
  304  the agency and the Department of Children and Family Services
  305  shall contract with managed care entities in each AHCA area
  306  except area 6 or arrange to provide comprehensive inpatient and
  307  outpatient mental health and substance abuse services through
  308  capitated prepaid arrangements to all Medicaid recipients who
  309  are eligible to participate in such plans under federal law and
  310  regulation. In AHCA areas where eligible individuals number less
  311  than 150,000, the agency shall contract with a single managed
  312  care plan to provide comprehensive behavioral health services to
  313  all recipients who are not enrolled in a Medicaid health
  314  maintenance organization or a Medicaid capitated managed care
  315  plan authorized under s. 409.91211. The agency may contract with
  316  more than one comprehensive behavioral health provider to
  317  provide care to recipients who are not enrolled in a Medicaid
  318  capitated managed care plan authorized under s. 409.91211 or a
  319  Medicaid health maintenance organization in AHCA areas where the
  320  eligible population exceeds 150,000. In an AHCA area where the
  321  Medicaid managed care pilot program is authorized pursuant to s.
  322  409.91211 in one or more counties, the agency may procure a
  323  contract with a single entity to serve the remaining counties as
  324  an AHCA area or the remaining counties may be included with an
  325  adjacent AHCA area and shall be subject to this paragraph.
  326  Contracts for comprehensive behavioral health providers awarded
  327  pursuant to this section shall be competitively procured. Both
  328  for-profit and not-for-profit corporations shall be eligible to
  329  compete. Managed care plans contracting with the agency under
  330  subsection (3) shall provide and receive payment for the same
  331  comprehensive behavioral health benefits as provided in AHCA
  332  rules, including handbooks incorporated by reference. In AHCA
  333  area 11, the agency shall contract with at least two
  334  comprehensive behavioral health care providers to provide
  335  behavioral health care to recipients in that area who are
  336  enrolled in, or assigned to, the MediPass program. One of the
  337  behavioral health care contracts shall be with the existing
  338  provider service network pilot project, as described in
  339  paragraph (d), for the purpose of demonstrating the cost
  340  effectiveness of the provision of quality mental health services
  341  through a public hospital-operated managed care model. Payment
  342  shall be at an agreed-upon capitated rate to ensure cost
  343  savings. Of the recipients in area 11 who are assigned to
  344  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
  345  50,000 of those MediPass-enrolled recipients shall be assigned
  346  to the existing provider service network in area 11 for their
  347  behavioral care.
  348         4. By October 1, 2003, the agency and the department shall
  349  submit a plan to the Governor, the President of the Senate, and
  350  the Speaker of the House of Representatives which provides for
  351  the full implementation of capitated prepaid behavioral health
  352  care in all areas of the state.
  353         a. Implementation shall begin in 2003 in those AHCA areas
  354  of the state where the agency is able to establish sufficient
  355  capitation rates.
  356         b. If the agency determines that the proposed capitation
  357  rate in any area is insufficient to provide appropriate
  358  services, the agency may adjust the capitation rate to ensure
  359  that care will be available. The agency and the department may
  360  use existing general revenue to address any additional required
  361  match but may not over-obligate existing funds on an annualized
  362  basis.
  363         c. Subject to any limitations provided for in the General
  364  Appropriations Act, the agency, in compliance with appropriate
  365  federal authorization, shall develop policies and procedures
  366  that allow for certification of local and state funds.
  367         5. Children residing in a statewide inpatient psychiatric
  368  program, or in a Department of Juvenile Justice or a Department
  369  of Children and Family Services residential program approved as
  370  a Medicaid behavioral health overlay services provider shall not
  371  be included in a behavioral health care prepaid health plan or
  372  any other Medicaid managed care plan pursuant to this paragraph.
  373         6. In converting to a prepaid system of delivery, the
  374  agency shall in its procurement document require an entity
  375  providing only comprehensive behavioral health care services to
  376  prevent the displacement of indigent care patients by enrollees
  377  in the Medicaid prepaid health plan providing behavioral health
  378  care services from facilities receiving state funding to provide
  379  indigent behavioral health care, to facilities licensed under
  380  chapter 395 which do not receive state funding for indigent
  381  behavioral health care, or reimburse the unsubsidized facility
  382  for the cost of behavioral health care provided to the displaced
  383  indigent care patient.
  384         7. Traditional community mental health providers under
  385  contract with the Department of Children and Family Services
  386  pursuant to part IV of chapter 394, child welfare providers
  387  under contract with the Department of Children and Family
  388  Services in areas 1 and 6, and inpatient mental health providers
  389  licensed pursuant to chapter 395 must be offered an opportunity
  390  to accept or decline a contract to participate in any provider
  391  network for prepaid behavioral health services.
  392         8. All Medicaid-eligible children, except children in area
  393  1 and children in Highlands County, Hardee County, Polk County,
  394  or Manatee County of area 6, who are open for child welfare
  395  services in the HomeSafeNet system, shall receive their
  396  behavioral health care services through a specialty prepaid plan
  397  operated by community-based lead agencies either through a
  398  single agency or formal agreements among several agencies. The
  399  specialty prepaid plan must result in savings to the state
  400  comparable to savings achieved in other Medicaid managed care
  401  and prepaid programs. Such plan must provide mechanisms to
  402  maximize state and local revenues. The specialty prepaid plan
  403  shall be developed by the agency and the Department of Children
  404  and Family Services. The agency is authorized to seek any
  405  federal waivers to implement this initiative. Medicaid-eligible
  406  children whose cases are open for child welfare services in the
  407  HomeSafeNet system and who reside in AHCA area 10 are exempt
  408  from the specialty prepaid plan upon the development of a
  409  service delivery mechanism for children who reside in area 10 as
  410  specified in s. 409.91211(3)(z)(dd).
  411         Section 6. Section 409.91211, Florida Statutes, is amended
  412  to read:
  413         409.91211 Medicaid managed care pilot program.—
  414         (1)(a) The agency is authorized to seek and implement
  415  experimental, pilot, or demonstration project waivers, pursuant
  416  to s. 1115 of the Social Security Act, and to seek changes to
  417  the current federal Medicaid reform waiver, to create a
  418  statewide initiative to provide for a more efficient and
  419  effective service delivery system that enhances quality of care
  420  and client outcomes in the Florida Medicaid program pursuant to
  421  this section. Phase one of the demonstration shall be
  422  implemented in two geographic areas. One demonstration site
  423  shall include only Broward County. A second demonstration site
  424  shall initially include Duval County and shall be expanded to
  425  include Baker, Clay, and Nassau Counties within 1 year after the
  426  Duval County program becomes operational. The agency shall
  427  implement expansion of the program to include the remaining
  428  counties of the state and remaining eligibility groups in
  429  accordance with the process specified in the federally approved
  430  special terms and conditions numbered 11-W-00206/4, as approved
  431  by the federal Centers for Medicare and Medicaid Services on
  432  October 19, 2005, with a goal of full statewide implementation
  433  by June 30, 2011.
  434         (b) This waiver authority is contingent upon federal
  435  approval to preserve the upper-payment-limit funding mechanism
  436  for hospitals, including a guarantee of a reasonable growth
  437  factor, a methodology to allow the use of a portion of these
  438  funds to serve as a risk pool for demonstration sites,
  439  provisions to preserve the state’s ability to use
  440  intergovernmental transfers, and provisions to protect the
  441  disproportionate share program authorized pursuant to this
  442  chapter. Upon completion of the evaluation conducted under s. 3,
  443  ch. 2005-133, Laws of Florida, the agency may request statewide
  444  expansion of the demonstration projects. Statewide phase-in to
  445  additional counties shall be contingent upon review and approval
  446  by the Legislature. Under the upper-payment-limit program, or
  447  the low-income pool as implemented by the Agency for Health Care
  448  Administration pursuant to federal waiver, the state matching
  449  funds required for the program shall be provided by local
  450  governmental entities through intergovernmental transfers in
  451  accordance with published federal statutes and regulations. The
  452  Agency for Health Care Administration shall distribute upper
  453  payment-limit, disproportionate share hospital, and low-income
  454  pool funds according to published federal statutes, regulations,
  455  and waivers and the low-income pool methodology approved by the
  456  federal Centers for Medicare and Medicaid Services.
  457         (c) It is the intent of the Legislature that the low-income
  458  pool plan required by the terms and conditions of the Medicaid
  459  reform waiver and submitted to the federal Centers for Medicare
  460  and Medicaid Services propose the distribution of the above
  461  mentioned program funds based on the following objectives:
  462         1. Assure a broad and fair distribution of available funds
  463  based on the access provided by Medicaid participating
  464  hospitals, regardless of their ownership status, through their
  465  delivery of inpatient or outpatient care for Medicaid
  466  beneficiaries and uninsured and underinsured individuals;
  467         2. Assure accessible emergency inpatient and outpatient
  468  care for Medicaid beneficiaries and uninsured and underinsured
  469  individuals;
  470         3. Enhance primary, preventive, and other ambulatory care
  471  coverages for uninsured individuals;
  472         4. Promote teaching and specialty hospital programs;
  473         5. Promote the stability and viability of statutorily
  474  defined rural hospitals and hospitals that serve as sole
  475  community hospitals;
  476         6. Recognize the extent of hospital uncompensated care
  477  costs;
  478         7. Maintain and enhance essential community hospital care;
  479         8. Maintain incentives for local governmental entities to
  480  contribute to the cost of uncompensated care;
  481         9. Promote measures to avoid preventable hospitalizations;
  482         10. Account for hospital efficiency; and
  483         11. Contribute to a community’s overall health system.
  484         12. Develop physician-directed health care plans, specialty
  485  behavioral health care plans, and county-based health care plans
  486  for rural areas;
  487         13. Develop a plan to provide nonemergency transportation
  488  for individuals who reside in licensed assisted living
  489  facilities, mental health residential facilities, and adult
  490  family-care homes. The plan shall include cooperative agreements
  491  between the plan and the facility administrators and shall
  492  detail how the plan will make transportation available for
  493  qualified plan enrollees at these facilities to include access
  494  to urgent care transportation, time standards for pick up and
  495  returns, and the provision of escorts, if required;
  496         14. Create a standardization process for quality assurance
  497  purposes which all plans will utilize to help providers
  498  streamline and reduce redundancy associated with processing
  499  claims;
  500         15. Create an accreditation standard for provider agencies
  501  which will be recognized by all reform plans for compliance
  502  purposes; and
  503         16. Create financial incentives for plans to pursue
  504  innovative approaches to the provision of care for adversely
  505  affected subgroups that include individuals with chronic mental
  506  illnesses who have been committed under the Baker Act,
  507  individuals who have HIV/AIDS, and individuals with
  508  developmental disabilities.
  509         (2) The Legislature intends for the capitated managed care
  510  pilot program to:
  511         (a) Provide recipients in Medicaid fee-for-service or the
  512  MediPass program a comprehensive and coordinated capitated
  513  managed care system for all health care services specified in
  514  ss. 409.905 and 409.906.
  515         (b) Stabilize Medicaid expenditures under the pilot program
  516  compared to Medicaid expenditures in the pilot area for the 3
  517  years before implementation of the pilot program, while
  518  ensuring:
  519         1. Consumer education and choice.
  520         2. Access to medically necessary services.
  521         3. Coordination of preventative, acute, and long-term care.
  522         4. Reductions in unnecessary service utilization.
  523         (c) Provide an opportunity to evaluate the feasibility of
  524  statewide implementation of capitated managed care networks as a
  525  replacement for the current Medicaid fee-for-service and
  526  MediPass systems.
  527         (3) The agency shall have the following powers, duties, and
  528  responsibilities with respect to the pilot program:
  529         (a) To implement a system to deliver all mandatory services
  530  specified in s. 409.905 and optional services specified in s.
  531  409.906, as approved by the Centers for Medicare and Medicaid
  532  Services and the Legislature in the waiver pursuant to this
  533  section. Services to recipients under plan benefits shall
  534  include emergency services provided under s. 409.9128.
  535         (b) To implement a pilot program, including Medicaid
  536  eligibility categories specified in ss. 409.903 and 409.904, as
  537  authorized in an approved federal waiver.
  538         (c) To implement the managed care pilot program that
  539  maximizes all available state and federal funds, including those
  540  obtained through intergovernmental transfers, the low-income
  541  pool, supplemental Medicaid payments, and the disproportionate
  542  share program. Within the parameters allowed by federal statute
  543  and rule, the agency may seek options for making direct payments
  544  to hospitals and physicians employed by or under contract with
  545  the state’s medical schools for the costs associated with
  546  graduate medical education under Medicaid reform.
  547         (d) To implement actuarially sound, risk-adjusted
  548  capitation rates for Medicaid recipients in the pilot program
  549  which cover comprehensive care, enhanced services, and
  550  catastrophic care.
  551         (e) To implement policies and guidelines for phasing in
  552  financial risk for approved provider service networks over a 3
  553  year period. These policies and guidelines must include an
  554  option for a provider service network to be paid fee-for-service
  555  rates. For any provider service network established in a managed
  556  care pilot area, the option to be paid fee-for-service rates
  557  shall include a savings-settlement mechanism that is consistent
  558  with s. 409.912(44). This model shall be converted to a risk
  559  adjusted capitated rate no later than the beginning of the
  560  fourth year of operation, and may be converted earlier at the
  561  option of the provider service network. Federally qualified
  562  health centers may be offered an opportunity to accept or
  563  decline a contract to participate in any provider network for
  564  prepaid primary care services.
  565         (f) To implement stop-loss requirements and the transfer of
  566  excess cost to catastrophic coverage that accommodates the risks
  567  associated with the development of the pilot program.
  568         (g) To recommend a process to be used by the Social
  569  Services Estimating Conference to determine and validate the
  570  rate of growth of the per-member costs of providing Medicaid
  571  services under the managed care pilot program.
  572         (h) To implement program standards and credentialing
  573  requirements for capitated managed care networks to participate
  574  in the pilot program, including those related to fiscal
  575  solvency, quality of care, and adequacy of access to health care
  576  providers. It is the intent of the Legislature that, to the
  577  extent possible, any pilot program authorized by the state under
  578  this section include any federally qualified health center,
  579  federally qualified rural health clinic, county health
  580  department, the Children’s Medical Services Network within the
  581  Department of Health, or other federally, state, or locally
  582  funded entity that serves the geographic areas within the
  583  boundaries of the pilot program that requests to participate.
  584  This paragraph does not relieve an entity that qualifies as a
  585  capitated managed care network under this section from any other
  586  licensure or regulatory requirements contained in state or
  587  federal law which would otherwise apply to the entity. The
  588  standards and credentialing requirements shall be based upon,
  589  but are not limited to:
  590         1. Compliance with the accreditation requirements as
  591  provided in s. 641.512.
  592         2. Compliance with early and periodic screening, diagnosis,
  593  and treatment screening requirements under federal law.
  594         3. The percentage of voluntary disenrollments.
  595         4. Immunization rates.
  596         5. Standards of the National Committee for Quality
  597  Assurance and other approved accrediting bodies.
  598         6. Recommendations of other authoritative bodies.
  599         7. Specific requirements of the Medicaid program, or
  600  standards designed to specifically meet the unique needs of
  601  Medicaid recipients.
  602         8. Compliance with the health quality improvement system as
  603  established by the agency, which incorporates standards and
  604  guidelines developed by the Centers for Medicare and Medicaid
  605  Services as part of the quality assurance reform initiative.
  606         9. The network’s infrastructure capacity to manage
  607  financial transactions, recordkeeping, data collection, and
  608  other administrative functions.
  609         10. The network’s ability to submit any financial,
  610  programmatic, or patient-encounter data or other information
  611  required by the agency to determine the actual services provided
  612  and the cost of administering the plan.
  613         (i) To implement a mechanism for providing information to
  614  Medicaid recipients for the purpose of selecting a capitated
  615  managed care plan. For each plan available to a recipient, the
  616  agency, at a minimum, shall ensure that the recipient is
  617  provided with:
  618         1. A list and description of the benefits provided and
  619  patient-encounter data from the reform plans.
  620         2. Information about cost sharing.
  621         3. Plan performance data, if available.
  622         4. An explanation of benefit limitations.
  623         5. Contact information, including identification of
  624  providers participating in the network, geographic locations,
  625  and transportation limitations, and a toll-free telephone number
  626  to report complaints.
  627         6. Any other information the agency determines would
  628  facilitate a recipient’s understanding of the plan or insurance
  629  that would best meet his or her needs.
  630         (j) To implement a system to ensure that there is a record
  631  of recipient acknowledgment that choice counseling has been
  632  provided.
  633         (k) To implement a choice counseling system to ensure that
  634  the choice counseling process and related material are designed
  635  to provide counseling through face-to-face interaction, by
  636  telephone, and in writing and through other forms of relevant
  637  media. Materials shall be written at the fourth-grade reading
  638  level and available in a language other than English when 5
  639  percent of the county speaks a language other than English.
  640  Choice counseling shall also use language lines and other
  641  services for impaired recipients, such as TTD/TTY.
  642         (j)(l) To implement a system that prohibits capitated
  643  managed care plans, their representatives, and providers
  644  employed by or contracted with the capitated managed care plans
  645  from recruiting persons eligible for or enrolled in Medicaid,
  646  from providing inducements to Medicaid recipients to select a
  647  particular capitated managed care plan, and from prejudicing
  648  Medicaid recipients against other capitated managed care plans.
  649  The system shall require the entity performing choice counseling
  650  to determine if the recipient has made a choice of a plan or has
  651  opted out because of duress, threats, payment to the recipient,
  652  or incentives promised to the recipient by a third party. If the
  653  choice counseling entity determines that the decision to choose
  654  a plan was unlawfully influenced or a plan violated any of the
  655  provisions of s. 409.912(21), the choice counseling entity shall
  656  immediately report the violation to the agency’s program
  657  integrity section for investigation. Verification of choice
  658  counseling by the recipient shall include a stipulation that the
  659  recipient acknowledges the provisions of this subsection.
  660         (m) To implement a choice counseling system that promotes
  661  health literacy and provides information aimed to reduce
  662  minority health disparities through outreach activities for
  663  Medicaid recipients.
  664         (n) To contract with entities to perform choice counseling.
  665  The agency may establish standards and performance contracts,
  666  including standards requiring the contractor to hire choice
  667  counselors who are representative of the state’s diverse
  668  population and to train choice counselors in working with
  669  culturally diverse populations.
  670         (k)(o) To implement eligibility assignment processes to
  671  facilitate client choice while ensuring pilot programs of
  672  adequate enrollment levels. These processes shall ensure that
  673  pilot sites have sufficient levels of enrollment to conduct a
  674  valid test of the managed care pilot program within a 2-year
  675  timeframe.
  676         (l)(p) To implement standards for plan compliance,
  677  including, but not limited to, standards for quality assurance
  678  and performance improvement, standards for peer or professional
  679  reviews, grievance policies, and policies for maintaining
  680  program integrity. The agency shall develop a data-reporting
  681  system, seek input from managed care plans in order to establish
  682  requirements for patient-encounter reporting, and ensure that
  683  the data reported is accurate and complete, and post the data on
  684  its Internet website.
  685         1. In performing the duties required under this section,
  686  the agency shall work with managed care plans to establish a
  687  uniform system to measure and monitor outcomes for a recipient
  688  of Medicaid services.
  689         2. The system shall use financial, clinical, and other
  690  criteria based on pharmacy, medical services, and other data
  691  that is related to the provision of Medicaid services,
  692  including, but not limited to:
  693         a. The Health Plan Employer Data and Information Set
  694  (HEDIS) or measures that are similar to HEDIS.
  695         b. Member satisfaction.
  696         c. Provider satisfaction.
  697         d. Report cards on plan performance and best practices.
  698         e. Compliance with the requirements for prompt payment of
  699  claims under ss. 627.613, 641.3155, and 641.513.
  700         f. Utilization and quality data for the purpose of ensuring
  701  access to medically necessary services, including
  702  underutilization or inappropriate denial of services.
  703         3. The agency shall require the managed care plans that
  704  have contracted with the agency to establish a quality assurance
  705  system that incorporates the provisions of s. 409.912(27) and
  706  any standards, rules, and guidelines developed by the agency.
  707         4. The agency shall establish an encounter database in
  708  order to compile data on health services rendered by health care
  709  practitioners who provide services to patients enrolled in
  710  managed care plans in the demonstration sites. The encounter
  711  database shall:
  712         a. Collect the following for each type of patient encounter
  713  with a health care practitioner or facility, including:
  714         (I) The demographic characteristics of the patient.
  715         (II) The principal, secondary, and tertiary diagnosis.
  716         (III) The procedure performed.
  717         (IV) The date and location where the procedure was
  718  performed.
  719         (V) The payment for the procedure, if any.
  720         (VI) If applicable, the health care practitioner’s
  721  universal identification number.
  722         (VII) If the health care practitioner rendering the service
  723  is a dependent practitioner, the modifiers appropriate to
  724  indicate that the service was delivered by the dependent
  725  practitioner.
  726         b. Collect appropriate information relating to prescription
  727  drugs for each type of patient encounter.
  728         c. Collect appropriate information related to health care
  729  costs and utilization from managed care plans participating in
  730  the demonstration sites.
  731         5. To the extent practicable, when collecting the data the
  732  agency shall use a standardized claim form or electronic
  733  transfer system that is used by health care practitioners,
  734  facilities, and payors.
  735         6. Health care practitioners and facilities in the
  736  demonstration sites shall electronically submit, and managed
  737  care plans participating in the demonstration sites shall
  738  electronically receive, information concerning claims payments
  739  and any other information reasonably related to the encounter
  740  database using a standard format as required by the agency.
  741         7. The agency shall establish reasonable deadlines for
  742  phasing in the electronic transmittal of full encounter data.
  743         8. The system must ensure that the data reported is
  744  accurate and complete.
  745         (m)(q) To implement a grievance resolution process for
  746  Medicaid recipients enrolled in a capitated managed care network
  747  under the pilot program modeled after the subscriber assistance
  748  panel, as created in s. 408.7056. This process shall include a
  749  mechanism for an expedited review of no greater than 24 hours
  750  after notification of a grievance if the life of a Medicaid
  751  recipient is in imminent and emergent jeopardy.
  752         (n)(r) To implement a grievance resolution process for
  753  health care providers employed by or contracted with a capitated
  754  managed care network under the pilot program in order to settle
  755  disputes among the provider and the managed care network or the
  756  provider and the agency.
  757         (o)(s) To implement criteria in an approved federal waiver
  758  to designate health care providers as eligible to participate in
  759  the pilot program. These criteria must include at a minimum
  760  those criteria specified in s. 409.907.
  761         (p)(t) To use health care provider agreements for
  762  participation in the pilot program.
  763         (q)(u) To require that all health care providers under
  764  contract with the pilot program be duly licensed in the state,
  765  if such licensure is available, and meet other criteria as may
  766  be established by the agency. These criteria shall include at a
  767  minimum those criteria specified in s. 409.907.
  768         (r)(v) To ensure that managed care organizations work
  769  collaboratively with other state or local governmental programs
  770  or institutions for the coordination of health care to eligible
  771  individuals receiving services from such programs or
  772  institutions.
  773         (s)(w) To implement procedures to minimize the risk of
  774  Medicaid fraud and abuse in all plans operating in the Medicaid
  775  managed care pilot program authorized in this section.
  776         1. The agency shall ensure that applicable provisions of
  777  this chapter and chapters 414, 626, 641, and 932 which relate to
  778  Medicaid fraud and abuse are applied and enforced at the
  779  demonstration project sites.
  780         2. Providers must have the certification, license, and
  781  credentials that are required by law and waiver requirements.
  782         3. The agency shall ensure that the plan is in compliance
  783  with s. 409.912(21) and (22).
  784         4. The agency shall require that each plan establish
  785  functions and activities governing program integrity in order to
  786  reduce the incidence of fraud and abuse. Plans must report
  787  instances of fraud and abuse pursuant to chapter 641.
  788         5. The plan shall have written administrative and
  789  management arrangements or procedures, including a mandatory
  790  compliance plan, which are designed to guard against fraud and
  791  abuse. The plan shall designate a compliance officer who has
  792  sufficient experience in health care.
  793         6.a. The agency shall require all managed care plan
  794  contractors in the pilot program to report all instances of
  795  suspected fraud and abuse. A failure to report instances of
  796  suspected fraud and abuse is a violation of law and subject to
  797  the penalties provided by law.
  798         b. An instance of fraud and abuse in the managed care plan,
  799  including, but not limited to, defrauding the state health care
  800  benefit program by misrepresentation of fact in reports, claims,
  801  certifications, enrollment claims, demographic statistics, or
  802  patient-encounter data; misrepresentation of the qualifications
  803  of persons rendering health care and ancillary services; bribery
  804  and false statements relating to the delivery of health care;
  805  unfair and deceptive marketing practices; and false claims
  806  actions in the provision of managed care, is a violation of law
  807  and subject to the penalties provided by law.
  808         c. The agency shall require that all contractors make all
  809  files and relevant billing and claims data accessible to state
  810  regulators and investigators and that all such data is linked
  811  into a unified system to ensure consistent reviews and
  812  investigations.
  813         (t)(x) To develop and provide actuarial and benefit design
  814  analyses that indicate the effect on capitation rates and
  815  benefits offered in the pilot program over a prospective 5-year
  816  period based on the following assumptions:
  817         1. Growth in capitation rates which is limited to the
  818  estimated growth rate in general revenue.
  819         2. Growth in capitation rates which is limited to the
  820  average growth rate over the last 3 years in per-recipient
  821  Medicaid expenditures.
  822         3. Growth in capitation rates which is limited to the
  823  growth rate of aggregate Medicaid expenditures between the 2003
  824  2004 fiscal year and the 2004-2005 fiscal year.
  825         (u)(y) To develop a mechanism to require capitated managed
  826  care plans to reimburse qualified emergency service providers,
  827  including, but not limited to, ambulance services, in accordance
  828  with ss. 409.908 and 409.9128. The pilot program must include a
  829  provision for continuing fee-for-service payments for emergency
  830  services, including, but not limited to, individuals who access
  831  ambulance services or emergency departments and who are
  832  subsequently determined to be eligible for Medicaid services.
  833         (v)(z) To ensure that school districts participating in the
  834  certified school match program pursuant to ss. 409.908(21) and
  835  1011.70 shall be reimbursed by Medicaid, subject to the
  836  limitations of s. 1011.70(1), for a Medicaid-eligible child
  837  participating in the services as authorized in s. 1011.70, as
  838  provided for in s. 409.9071, regardless of whether the child is
  839  enrolled in a capitated managed care network. Capitated managed
  840  care networks must make a good faith effort to execute
  841  agreements with school districts regarding the coordinated
  842  provision of services authorized under s. 1011.70. County health
  843  departments and federally qualified health centers delivering
  844  school-based services pursuant to ss. 381.0056 and 381.0057 must
  845  be reimbursed by Medicaid for the federal share for a Medicaid
  846  eligible child who receives Medicaid-covered services in a
  847  school setting, regardless of whether the child is enrolled in a
  848  capitated managed care network. Capitated managed care networks
  849  must make a good faith effort to execute agreements with county
  850  health departments and federally qualified health centers
  851  regarding the coordinated provision of services to a Medicaid
  852  eligible child. To ensure continuity of care for Medicaid
  853  patients, the agency, the Department of Health, and the
  854  Department of Education shall develop procedures for ensuring
  855  that a student’s capitated managed care network provider
  856  receives information relating to services provided in accordance
  857  with ss. 381.0056, 381.0057, 409.9071, and 1011.70.
  858         (w)(aa) To implement a mechanism whereby Medicaid
  859  recipients who are already enrolled in a managed care plan or
  860  the MediPass program in the pilot areas shall be offered the
  861  opportunity to change to capitated managed care plans on a
  862  staggered basis, as defined by the agency. All Medicaid
  863  recipients shall have 30 days in which to make a choice of
  864  capitated managed care plans. Those Medicaid recipients who do
  865  not make a choice shall be assigned to a capitated managed care
  866  plan in accordance with paragraph (4)(a) and shall be exempt
  867  from s. 409.9122. To facilitate continuity of care for a
  868  Medicaid recipient who is also a recipient of Supplemental
  869  Security Income (SSI), prior to assigning the SSI recipient to a
  870  capitated managed care plan, the agency shall determine whether
  871  the SSI recipient has an ongoing relationship with a provider or
  872  capitated managed care plan, and, if so, the agency shall assign
  873  the SSI recipient to that provider or capitated managed care
  874  plan where feasible. Those SSI recipients who do not have such a
  875  provider relationship shall be assigned to a capitated managed
  876  care plan provider in accordance with paragraph (4)(a) and shall
  877  be exempt from s. 409.9122.
  878         (x)(bb) To develop and recommend a service delivery
  879  alternative for children having chronic medical conditions which
  880  establishes a medical home project to provide primary care
  881  services to this population. The project shall provide
  882  community-based primary care services that are integrated with
  883  other subspecialties to meet the medical, developmental, and
  884  emotional needs for children and their families. This project
  885  shall include an evaluation component to determine impacts on
  886  hospitalizations, length of stays, emergency room visits, costs,
  887  and access to care, including specialty care and patient and
  888  family satisfaction.
  889         (y)(cc) To develop and recommend service delivery
  890  mechanisms within capitated managed care plans to provide
  891  Medicaid services as specified in ss. 409.905 and 409.906 to
  892  persons with developmental disabilities sufficient to meet the
  893  medical, developmental, and emotional needs of these persons.
  894         (z)(dd) To implement service delivery mechanisms within
  895  capitated managed care plans to provide Medicaid services as
  896  specified in ss. 409.905 and 409.906 to Medicaid-eligible
  897  children whose cases are open for child welfare services in the
  898  HomeSafeNet system. These services must be coordinated with
  899  community-based care providers as specified in s. 409.1671,
  900  where available, and be sufficient to meet the medical,
  901  developmental, behavioral, and emotional needs of these
  902  children. These service delivery mechanisms must be implemented
  903  no later than July 1, 2008, in AHCA area 10 in order for the
  904  children in AHCA area 10 to remain exempt from the statewide
  905  plan under s. 409.912(4)(b)8.
  906         (4)(a) A Medicaid recipient in the pilot area who is not
  907  currently enrolled in a capitated managed care plan upon
  908  implementation is not eligible for services as specified in ss.
  909  409.905 and 409.906, for the amount of time that the recipient
  910  does not enroll in a capitated managed care network. If a
  911  Medicaid recipient has not enrolled in a capitated managed care
  912  plan within 30 days after eligibility, the agency shall assign
  913  the Medicaid recipient to a capitated managed care plan based on
  914  the assessed needs of the recipient as determined by the agency
  915  and the recipient shall be exempt from s. 409.9122. When making
  916  assignments, the agency shall take into account the following
  917  criteria:
  918         1. A capitated managed care network has sufficient network
  919  capacity to meet the needs of members.
  920         2. The capitated managed care network has previously
  921  enrolled the recipient as a member, or one of the capitated
  922  managed care network’s primary care providers has previously
  923  provided health care to the recipient.
  924         3. The agency has knowledge that the member has previously
  925  expressed a preference for a particular capitated managed care
  926  network as indicated by Medicaid fee-for-service claims data,
  927  but has failed to make a choice.
  928         4. The capitated managed care network’s primary care
  929  providers are geographically accessible to the recipient’s
  930  residence.
  931         (b) When more than one capitated managed care network
  932  provider meets the criteria specified in paragraph (3)(h), the
  933  agency shall make recipient assignments consecutively by family
  934  unit.
  935         (c) If a recipient is currently enrolled with a Medicaid
  936  managed care organization that also operates an approved reform
  937  plan within a demonstration area and the recipient fails to
  938  choose a plan during the reform enrollment process or during
  939  redetermination of eligibility, the recipient shall be
  940  automatically assigned by the agency into the most appropriate
  941  reform plan operated by the recipient’s current Medicaid managed
  942  care plan. If the recipient’s current managed care plan does not
  943  operate a reform plan in the demonstration area which adequately
  944  meets the needs of the Medicaid recipient, the agency shall use
  945  the automatic assignment process as prescribed in the special
  946  terms and conditions numbered 11-W-00206/4. All enrollment and
  947  choice counseling materials provided by the agency must contain
  948  an explanation of the provisions of this paragraph for current
  949  managed care recipients.
  950         (d) The agency may not engage in practices that are
  951  designed to favor one capitated managed care plan over another
  952  or that are designed to influence Medicaid recipients to enroll
  953  in a particular capitated managed care network in order to
  954  strengthen its particular fiscal viability.
  955         (e) After a recipient has made a selection or has been
  956  enrolled in a capitated managed care network, the recipient
  957  shall have 90 days in which to voluntarily disenroll and select
  958  another capitated managed care network. After 90 days, no
  959  further changes may be made except for cause. Cause shall
  960  include, but not be limited to, poor quality of care, lack of
  961  access to necessary specialty services, an unreasonable delay or
  962  denial of service, inordinate or inappropriate changes of
  963  primary care providers, service access impairments due to
  964  significant changes in the geographic location of services, or
  965  fraudulent enrollment. The agency may require a recipient to use
  966  the capitated managed care network’s grievance process as
  967  specified in paragraph (3)(m)(q) prior to the agency’s
  968  determination of cause, except in cases in which immediate risk
  969  of permanent damage to the recipient’s health is alleged. The
  970  grievance process, when used, must be completed in time to
  971  permit the recipient to disenroll no later than the first day of
  972  the second month after the month the disenrollment request was
  973  made. If the capitated managed care network, as a result of the
  974  grievance process, approves an enrollee’s request to disenroll,
  975  the agency is not required to make a determination in the case.
  976  The agency must make a determination and take final action on a
  977  recipient’s request so that disenrollment occurs no later than
  978  the first day of the second month after the month the request
  979  was made. If the agency fails to act within the specified
  980  timeframe, the recipient’s request to disenroll is deemed to be
  981  approved as of the date agency action was required. Recipients
  982  who disagree with the agency’s finding that cause does not exist
  983  for disenrollment shall be advised of their right to pursue a
  984  Medicaid fair hearing to dispute the agency’s finding.
  985         (f) The agency shall apply for federal waivers from the
  986  Centers for Medicare and Medicaid Services to lock eligible
  987  Medicaid recipients into a capitated managed care network for 12
  988  months after an open enrollment period. After 12 months of
  989  enrollment, a recipient may select another capitated managed
  990  care network. However, nothing shall prevent a Medicaid
  991  recipient from changing primary care providers within the
  992  capitated managed care network during the 12-month period.
  993         (g) The agency shall apply for federal waivers from the
  994  Centers for Medicare and Medicaid Services to allow recipients
  995  to purchase health care coverage through an employer-sponsored
  996  health insurance plan instead of through a Medicaid-certified
  997  plan. This provision shall be known as the opt-out option.
  998         1. A recipient who chooses the Medicaid opt-out option
  999  shall have an opportunity for a specified period of time, as
 1000  authorized under a waiver granted by the Centers for Medicare
 1001  and Medicaid Services, to select and enroll in a Medicaid
 1002  certified plan. If the recipient remains in the employer
 1003  sponsored plan after the specified period, the recipient shall
 1004  remain in the opt-out program for at least 1 year or until the
 1005  recipient no longer has access to employer-sponsored coverage,
 1006  until the employer’s open enrollment period for a person who
 1007  opts out in order to participate in employer-sponsored coverage,
 1008  or until the person is no longer eligible for Medicaid,
 1009  whichever time period is shorter.
 1010         2. Notwithstanding any other provision of this section,
 1011  coverage, cost sharing, and any other component of employer
 1012  sponsored health insurance shall be governed by applicable state
 1013  and federal laws.
 1014         (5) This section does not authorize the agency to implement
 1015  any provision of s. 1115 of the Social Security Act
 1016  experimental, pilot, or demonstration project waiver to reform
 1017  the state Medicaid program in any part of the state other than
 1018  the two geographic areas specified in this section unless
 1019  approved by the Legislature.
 1020         (6) The agency shall develop and submit for approval
 1021  applications for waivers of applicable federal laws and
 1022  regulations as necessary to implement the managed care pilot
 1023  project as defined in this section. The agency may develop
 1024  financial incentives for community-based care providers to
 1025  develop systems of care that prevent or divert the need for
 1026  inpatient hospital care. The agency shall post all waiver
 1027  applications under this section on its Internet website 30 days
 1028  before submitting the applications to the United States Centers
 1029  for Medicare and Medicaid Services. All waiver applications
 1030  shall be provided for review and comment to the appropriate
 1031  committees of the Senate and House of Representatives for at
 1032  least 10 working days prior to submission. All waivers submitted
 1033  to and approved by the United States Centers for Medicare and
 1034  Medicaid Services under this section must be approved by the
 1035  Legislature. Federally approved waivers must be submitted to the
 1036  President of the Senate and the Speaker of the House of
 1037  Representatives for referral to the appropriate legislative
 1038  committees. The appropriate committees shall recommend whether
 1039  to approve the implementation of any waivers to the Legislature
 1040  as a whole. The agency shall submit a plan containing a
 1041  recommended timeline for implementation of any waivers and
 1042  budgetary projections of the effect of the pilot program under
 1043  this section on the total Medicaid budget for the 2006-2007
 1044  through 2009-2010 state fiscal years. This implementation plan
 1045  shall be submitted to the President of the Senate and the
 1046  Speaker of the House of Representatives at the same time any
 1047  waivers are submitted for consideration by the Legislature. The
 1048  agency may implement the waiver and special terms and conditions
 1049  numbered 11-W-00206/4, as approved by the federal Centers for
 1050  Medicare and Medicaid Services. If the agency seeks approval by
 1051  the Federal Government of any modifications to these special
 1052  terms and conditions, the agency must provide written
 1053  notification of its intent to modify these terms and conditions
 1054  to the President of the Senate and the Speaker of the House of
 1055  Representatives at least 15 days before submitting the
 1056  modifications to the Federal Government for consideration. The
 1057  notification must identify all modifications being pursued and
 1058  the reason the modifications are needed. Upon receiving federal
 1059  approval of any modifications to the special terms and
 1060  conditions, the agency shall provide a report to the Legislature
 1061  describing the federally approved modifications to the special
 1062  terms and conditions within 7 days after approval by the Federal
 1063  Government.
 1064         (7)(a) The Secretary of Health Care Administration shall
 1065  convene a technical advisory panel to advise the agency in the
 1066  areas of risk-adjusted-rate setting and, benefit design, and
 1067  choice counseling. The panel shall include representatives from
 1068  the Florida Association of Health Plans, representatives from
 1069  provider-sponsored networks, a Medicaid consumer representative,
 1070  and a representative from the Office of Insurance Regulation.
 1071         (b) The technical advisory panel shall advise the agency
 1072  concerning:
 1073         1. The risk-adjusted rate methodology to be used by the
 1074  agency, including recommendations on mechanisms to recognize the
 1075  risk of all Medicaid enrollees and for the transition to a risk
 1076  adjustment system, including recommendations for phasing in risk
 1077  adjustment and the use of risk corridors.
 1078         2. Implementation of an encounter data system to be used
 1079  for risk-adjusted rates.
 1080         3. Administrative and implementation issues regarding the
 1081  use of risk-adjusted rates, including, but not limited to, cost,
 1082  simplicity, client privacy, data accuracy, and data exchange.
 1083         4. Issues of benefit design, including the actuarial
 1084  equivalence and sufficiency standards to be used.
 1085         5. The implementation plan for the proposed choice
 1086  counseling system, including the information and materials to be
 1087  provided to recipients, the methodologies by which recipients
 1088  will be counseled regarding choice, criteria to be used to
 1089  assess plan quality, the methodology to be used to assign
 1090  recipients into plans if they fail to choose a managed care
 1091  plan, and the standards to be used for responsiveness to
 1092  recipient inquiries.
 1093         (c) The technical advisory panel shall continue in
 1094  existence and advise the agency on matters outlined in this
 1095  subsection.
 1096         (8) The agency must ensure, in the first two state fiscal
 1097  years in which a risk-adjusted methodology is a component of
 1098  rate setting, that no managed care plan providing comprehensive
 1099  benefits to TANF and SSI recipients has an aggregate risk score
 1100  that varies by more than 10 percent from the aggregate weighted
 1101  mean of all managed care plans providing comprehensive benefits
 1102  to TANF and SSI recipients in a reform area. The agency’s
 1103  payment to a managed care plan shall be based on such revised
 1104  aggregate risk score.
 1105         (9) After any calculations of aggregate risk scores or
 1106  revised aggregate risk scores in subsection (8), the capitation
 1107  rates for plans participating under this section shall be phased
 1108  in as follows:
 1109         (a) In the first year, the capitation rates shall be
 1110  weighted so that 75 percent of each capitation rate is based on
 1111  the current methodology and 25 percent is based on a new risk
 1112  adjusted capitation rate methodology.
 1113         (b) In the second year, the capitation rates shall be
 1114  weighted so that 50 percent of each capitation rate is based on
 1115  the current methodology and 50 percent is based on a new risk
 1116  adjusted rate methodology.
 1117         (c) In the following fiscal year, the risk-adjusted
 1118  capitation methodology may be fully implemented.
 1119         (10) Subsections (8) and (9) do not apply to managed care
 1120  plans offering benefits exclusively to high-risk, specialty
 1121  populations. The agency may set risk-adjusted rates immediately
 1122  for such plans.
 1123         (11) Before the implementation of risk-adjusted rates, the
 1124  rates shall be certified by an actuary and approved by the
 1125  federal Centers for Medicare and Medicaid Services.
 1126         (12) For purposes of this section, the term “capitated
 1127  managed care plan” includes health insurers authorized under
 1128  chapter 624, exclusive provider organizations authorized under
 1129  chapter 627, health maintenance organizations authorized under
 1130  chapter 641, the Children’s Medical Services Network under
 1131  chapter 391, and provider service networks that elect to be paid
 1132  fee-for-service for up to 3 years as authorized under this
 1133  section.
 1134         (13) Upon review and approval of the applications for
 1135  waivers of applicable federal laws and regulations to implement
 1136  the managed care pilot program by the Legislature, the agency
 1137  may initiate adoption of rules pursuant to ss. 120.536(1) and
 1138  120.54 to implement and administer the managed care pilot
 1139  program as provided in this section.
 1140         (14) It is the intent of the Legislature that if any
 1141  conflict exists between the provisions contained in this section
 1142  and other provisions of this chapter which relate to the
 1143  implementation of the Medicaid managed care pilot program, the
 1144  provisions contained in this section shall control. The agency
 1145  shall provide a written report to the Legislature by April 1,
 1146  2006, identifying any provisions of this chapter which conflict
 1147  with the implementation of the Medicaid managed care pilot
 1148  program created in this section. After April 1, 2006, the agency
 1149  shall provide a written report to the Legislature immediately
 1150  upon identifying any provisions of this chapter which conflict
 1151  with the implementation of the Medicaid managed care pilot
 1152  program created in this section.
 1153         Section 7. Section 409.91213, Florida Statutes, is amended
 1154  to read:
 1155         409.91213 Quarterly progress reports and annual reports.—
 1156         (1) The agency shall submit to the Governor, the President
 1157  of the Senate, the Speaker of the House of Representatives, the
 1158  Minority Leader of the Senate, the Minority Leader of the House
 1159  of Representatives, and the Office of Program Policy Analysis
 1160  and Government Accountability the following reports:
 1161         (a) The quarterly progress report submitted to the United
 1162  States Centers for Medicare and Medicaid Services no later than
 1163  60 days following the end of each quarter. The intent of this
 1164  report is to present the agency’s analysis and the status of
 1165  various operational areas. The quarterly progress report must
 1166  include, but need not be limited to:
 1167         1. Events occurring during the quarter or anticipated to
 1168  occur in the near future which affect health care delivery,
 1169  including, but not limited to, the approval of and contracts for
 1170  new plans, which report must specify the coverage area, phase-in
 1171  period, populations served, and benefits; the enrollment;
 1172  grievances; and other operational issues.
 1173         2. Action plans for addressing any policy and
 1174  administrative issues.
 1175         3. Agency efforts related to collecting and verifying
 1176  encounter data and utilization data.
 1177         4. Enrollment data disaggregated by plan and by eligibility
 1178  category, such as Temporary Assistance for Needy Families or
 1179  Supplemental Security Income; the total number of enrollees;
 1180  market share; and the percentage change in enrollment by plan.
 1181  In addition, the agency shall provide a summary of voluntary and
 1182  mandatory selection rates and disenrollment data.
 1183         5. For purposes of monitoring budget neutrality, enrollment
 1184  data, member-month data, and expenditures in the format for
 1185  monitoring budget neutrality which is provided by the federal
 1186  Centers for Medicare and Medicaid Services.
 1187         6. Activities and associated expenditures of the low-income
 1188  pool.
 1189         7. Activities related to the implementation of choice
 1190  counseling, including efforts to improve health literacy and the
 1191  methods used to obtain public input, such as recipient focus
 1192  groups.
 1193         8. Participation rates in the enhanced benefit accounts
 1194  program, including participation levels; a summary of activities
 1195  and associated expenditures; the number of accounts established,
 1196  including active participants and individuals who continue to
 1197  retain access to funds in an account but who no longer actively
 1198  participate; an estimate of quarterly deposits in the accounts;
 1199  and expenditures from the accounts.
 1200         9. Enrollment data concerning employer-sponsored insurance
 1201  which document the number of individuals selecting to opt out
 1202  when employer-sponsored insurance is available. The agency shall
 1203  include data that identify enrollee characteristics, including
 1204  the eligibility category, type of employer-sponsored insurance,
 1205  and type of coverage, such as individual or family coverage. The
 1206  agency shall develop and maintain disenrollment reports
 1207  specifying the reason for disenrollment in an employer-sponsored
 1208  insurance program. The agency shall also track and report on
 1209  those enrollees who elect the option to reenroll in the Medicaid
 1210  reform demonstration.
 1211         7.10. Progress toward meeting the demonstration goals.
 1212         8.11. Evaluation activities.
 1213         (b) An annual report documenting accomplishments, project
 1214  status, quantitative and case-study findings, utilization data,
 1215  and policy and administrative difficulties in the operation of
 1216  the Medicaid waiver demonstration program. The agency shall
 1217  submit the draft annual report no later than October 1 after the
 1218  end of each fiscal year.
 1219         (2) Beginning with the annual report for demonstration year
 1220  two, the agency shall include a section concerning the
 1221  administration of enhanced benefit accounts, the participation
 1222  rates, an assessment of expenditures, and an assessment of
 1223  potential cost savings.
 1224         (2)(3) Beginning with the annual report for demonstration
 1225  year four, the agency shall include a section that provides
 1226  qualitative and quantitative data describing the impact the low
 1227  income pool has had on the rate of uninsured people in this
 1228  state, beginning with the implementation of the demonstration
 1229  program.
 1230         Section 8. Paragraphs (a) and (l) of subsection (2) of
 1231  section 409.9122, Florida Statutes, are amended to read:
 1232         409.9122 Mandatory Medicaid managed care enrollment;
 1233  programs and procedures.—
 1234         (2)(a) The agency shall enroll in a managed care plan or
 1235  MediPass all Medicaid recipients, except those Medicaid
 1236  recipients who are: in an institution; enrolled in the Medicaid
 1237  medically needy program; or eligible for both Medicaid and
 1238  Medicare. Upon enrollment, individuals will be able to change
 1239  their managed care option during the 90-day opt out period
 1240  required by federal Medicaid regulations. The agency is
 1241  authorized to seek the necessary Medicaid state plan amendment
 1242  to implement this policy. However, to the extent permitted by
 1243  federal law, the agency may enroll in a managed care plan or
 1244  MediPass a Medicaid recipient who is exempt from mandatory
 1245  managed care enrollment, provided that:
 1246         1. The recipient’s decision to enroll in a managed care
 1247  plan or MediPass is voluntary;
 1248         2. If the recipient chooses to enroll in a managed care
 1249  plan, the agency has determined that the managed care plan
 1250  provides specific programs and services which address the
 1251  special health needs of the recipient; and
 1252         3. The agency receives any necessary waivers from the
 1253  federal Centers for Medicare and Medicaid Services.
 1254  
 1255  The agency shall develop rules to establish policies by which
 1256  exceptions to the mandatory managed care enrollment requirement
 1257  may be made on a case-by-case basis. The rules shall include the
 1258  specific criteria to be applied when making a determination as
 1259  to whether to exempt a recipient from mandatory enrollment in a
 1260  managed care plan or MediPass. School districts participating in
 1261  the certified school match program pursuant to ss. 409.908(21)
 1262  and 1011.70 shall be reimbursed by Medicaid, subject to the
 1263  limitations of s. 1011.70(1), for a Medicaid-eligible child
 1264  participating in the services as authorized in s. 1011.70, as
 1265  provided for in s. 409.9071, regardless of whether the child is
 1266  enrolled in MediPass or a managed care plan. Managed care plans
 1267  shall make a good faith effort to execute agreements with school
 1268  districts regarding the coordinated provision of services
 1269  authorized under s. 1011.70. County health departments
 1270  delivering school-based services pursuant to ss. 381.0056 and
 1271  381.0057 shall be reimbursed by Medicaid for the federal share
 1272  for a Medicaid-eligible child who receives Medicaid-covered
 1273  services in a school setting, regardless of whether the child is
 1274  enrolled in MediPass or a managed care plan. Managed care plans
 1275  shall make a good faith effort to execute agreements with county
 1276  health departments regarding the coordinated provision of
 1277  services to a Medicaid-eligible child. To ensure continuity of
 1278  care for Medicaid patients, the agency, the Department of
 1279  Health, and the Department of Education shall develop procedures
 1280  for ensuring that a student’s managed care plan or MediPass
 1281  provider receives information relating to services provided in
 1282  accordance with ss. 381.0056, 381.0057, 409.9071, and 1011.70.
 1283         (l) Notwithstanding the provisions of chapter 287, the
 1284  agency may, at its discretion, renew cost-effective contracts
 1285  for choice counseling services once or more for such periods as
 1286  the agency may decide. However, all such renewals may not
 1287  combine to exceed a total period longer than the term of the
 1288  original contract.
 1289         Section 9. This act shall take effect July 1, 2009.