| 1 | A bill to be entitled |
| 2 | An act relating to trust funds; amending s. 20.425, F.S.; |
| 3 | providing an additional source of funds for the Grants and |
| 4 | Donations Trust Fund within the Agency for Health Care |
| 5 | Administration; amending s. 215.5601, F.S., relating to |
| 6 | the Lawton Chiles Endowment Fund; revising the date of |
| 7 | reversion of undisbursed balances in the fund; amending s. |
| 8 | 400.179, F.S.; requiring that a leasehold licensee fee be |
| 9 | deposited into the Grants and Donations Trust Fund of the |
| 10 | agency; amending s. 409.916, F.S.; requiring that funds |
| 11 | from nursing home facility quality assessments, certain |
| 12 | grants and donations, and leasehold licensee fees be |
| 13 | deposited into the Grant and Donations Trust Fund of the |
| 14 | agency; amending ss. 893.165 and 938.23, F.S.; requiring |
| 15 | that certain assessments for alcohol and drug abuse |
| 16 | treatment programs collected by clerks of the circuit |
| 17 | courts be deposited into the Grants and Donations Trust |
| 18 | Fund of the Department of Children and Family Services; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (2) of section 20.425, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 20.425 Agency for Health Care Administration; trust |
| 26 | funds.--The following trust funds shall be administered by the |
| 27 | Agency for Health Care Administration: |
| 28 | (2) Grants and Donations Trust Fund. |
| 29 | (a) Funds to be credited to and uses of the trust fund |
| 30 | shall be administered in accordance with the provisions of ss. |
| 31 | 215.32, 400.179, and 409.916. |
| 32 | (b) Notwithstanding the provisions of s. 216.301 and |
| 33 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 34 | of any fiscal year shall remain in the trust fund at the end of |
| 35 | the year and shall be available for carrying out the purposes of |
| 36 | the trust fund. |
| 37 | Section 2. Paragraph (e) of subsection (5) of section |
| 38 | 215.5601, Florida Statutes, is amended to read: |
| 39 | 215.5601 Lawton Chiles Endowment Fund.-- |
| 40 | (5) AVAILABILITY OF FUNDS; USES.-- |
| 41 | (e) Notwithstanding s. 216.301 and pursuant to s. 216.351, |
| 42 | all unencumbered balances of appropriations from each |
| 43 | department's respective Tobacco Settlement Trust Fund as of June |
| 44 | 30 or undisbursed balances as of September 30 December 31 shall |
| 45 | revert to the endowment's principal. Unencumbered balances in |
| 46 | the Biomedical Research Trust Fund shall be managed as provided |
| 47 | in s. 20.435(8)(b). |
| 48 | Section 3. Paragraph (d) of subsection (2) of section |
| 49 | 400.179, Florida Statutes, is amended to read: |
| 50 | 400.179 Liability for Medicaid underpayments and |
| 51 | overpayments.-- |
| 52 | (2) Because any transfer of a nursing facility may expose |
| 53 | the fact that Medicaid may have underpaid or overpaid the |
| 54 | transferor, and because in most instances, any such underpayment |
| 55 | or overpayment can only be determined following a formal field |
| 56 | audit, the liabilities for any such underpayments or |
| 57 | overpayments shall be as follows: |
| 58 | (d) Where the transfer involves a facility that has been |
| 59 | leased by the transferor: |
| 60 | 1. The transferee shall, as a condition to being issued a |
| 61 | license by the agency, acquire, maintain, and provide proof to |
| 62 | the agency of a bond with a term of 30 months, renewable |
| 63 | annually, in an amount not less than the total of 3 months' |
| 64 | Medicaid payments to the facility computed on the basis of the |
| 65 | preceding 12-month average Medicaid payments to the facility. |
| 66 | 2. A leasehold licensee may meet the requirements of |
| 67 | subparagraph 1. by payment of a nonrefundable fee, paid at |
| 68 | initial licensure, paid at the time of any subsequent change of |
| 69 | ownership, and paid annually thereafter, in the amount of 1 |
| 70 | percent of the total of 3 months' Medicaid payments to the |
| 71 | facility computed on the basis of the preceding 12-month average |
| 72 | Medicaid payments to the facility. If a preceding 12-month |
| 73 | average is not available, projected Medicaid payments may be |
| 74 | used. The fee shall be deposited into the Grants and Donations |
| 75 | Health Care Trust Fund and shall be accounted for separately as |
| 76 | a Medicaid nursing home overpayment account. These fees shall be |
| 77 | used at the sole discretion of the agency to repay nursing home |
| 78 | Medicaid overpayments. The agency is authorized to transfer |
| 79 | funds to the Grants and Donations Trust Fund for such |
| 80 | repayments. Payment of this fee shall not release the licensee |
| 81 | from any liability for any Medicaid overpayments, nor shall |
| 82 | payment bar the agency from seeking to recoup overpayments from |
| 83 | the licensee and any other liable party. As a condition of |
| 84 | exercising this lease bond alternative, licensees paying this |
| 85 | fee must maintain an existing lease bond through the end of the |
| 86 | 30-month term period of that bond. The agency is herein granted |
| 87 | specific authority to promulgate all rules pertaining to the |
| 88 | administration and management of this account, including |
| 89 | withdrawals from the account, subject to federal review and |
| 90 | approval. This provision shall take effect upon becoming law and |
| 91 | shall apply to any leasehold license application. The financial |
| 92 | viability of the Medicaid nursing home overpayment account shall |
| 93 | be determined by the agency through annual review of the account |
| 94 | balance and the amount of total outstanding, unpaid Medicaid |
| 95 | overpayments owing from leasehold licensees to the agency as |
| 96 | determined by final agency audits. |
| 97 | 3. The leasehold licensee may meet the bond requirement |
| 98 | through other arrangements acceptable to the agency. The agency |
| 99 | is herein granted specific authority to promulgate rules |
| 100 | pertaining to lease bond arrangements. |
| 101 | 4. All existing nursing facility licensees, operating the |
| 102 | facility as a leasehold, shall acquire, maintain, and provide |
| 103 | proof to the agency of the 30-month bond required in |
| 104 | subparagraph 1., above, on and after July 1, 1993, for each |
| 105 | license renewal. |
| 106 | 5. It shall be the responsibility of all nursing facility |
| 107 | operators, operating the facility as a leasehold, to renew the |
| 108 | 30-month bond and to provide proof of such renewal to the agency |
| 109 | annually. |
| 110 | 6. Any failure of the nursing facility operator to |
| 111 | acquire, maintain, renew annually, or provide proof to the |
| 112 | agency shall be grounds for the agency to deny, revoke, and |
| 113 | suspend the facility license to operate such facility and to |
| 114 | take any further action, including, but not limited to, |
| 115 | enjoining the facility, asserting a moratorium pursuant to part |
| 116 | II of chapter 408, or applying for a receiver, deemed necessary |
| 117 | to ensure compliance with this section and to safeguard and |
| 118 | protect the health, safety, and welfare of the facility's |
| 119 | residents. A lease agreement required as a condition of bond |
| 120 | financing or refinancing under s. 154.213 by a health facilities |
| 121 | authority or required under s. 159.30 by a county or |
| 122 | municipality is not a leasehold for purposes of this paragraph |
| 123 | and is not subject to the bond requirement of this paragraph. |
| 124 | Section 4. Section 409.916, Florida Statutes, is amended |
| 125 | to read: |
| 126 | 409.916 Grants and Donations Trust Fund.-- |
| 127 | (1) The agency shall deposit any funds received from |
| 128 | pharmaceutical manufacturers and all other funds received by the |
| 129 | agency from any other person as the result of a Medicaid cost |
| 130 | containment strategy, in the nature of a rebate, grant, or other |
| 131 | similar mechanism into the Grants and Donations Trust Fund. |
| 132 | (2) Funds received from pharmaceutical manufacturers shall |
| 133 | be used as the state portion for funding Medicaid prescribed |
| 134 | drug services. However, at least $75,000 may be appropriated |
| 135 | from the Grants and Donations Trust Fund for Medicaid research |
| 136 | and development activities as specified in the General |
| 137 | Appropriations Act. |
| 138 | (3) Receipts from the agency's share of Medicaid fraud and |
| 139 | abuse recoupments and fines shall be deposited into the Grants |
| 140 | and Donations Trust Fund for purposes established by law and the |
| 141 | General Appropriations Act. |
| 142 | (4) Funds received from Medicaid providers as nursing home |
| 143 | quality assessment fees shall be deposited into the Grants and |
| 144 | Donations Trust Fund and used for purposes established by law |
| 145 | and the General Appropriations Act. |
| 146 | (5) Funds received through grants and donations from the |
| 147 | state and from counties, local governments, public entities, and |
| 148 | taxing districts shall be deposited into the Grants and |
| 149 | Donations Trust Fund and used for purposes established by law |
| 150 | and the General Appropriations Act. |
| 151 | (6) Funds received from the leasehold licensee fee |
| 152 | pursuant to s. 400.179(2)(d)2. shall be deposited into the |
| 153 | Grants and Donations Trust Fund and used for purposes |
| 154 | established by law and the General Appropriations Act. |
| 155 | Section 5. Paragraph (b) of subsection (3) of section |
| 156 | 893.165, Florida Statutes, is amended to read: |
| 157 | 893.165 County alcohol and other drug abuse treatment or |
| 158 | education trust funds.-- |
| 159 | (3) |
| 160 | (b) Assessments collected by clerks of circuit courts |
| 161 | having more than one county in the circuit, for any county in |
| 162 | the circuit which does not have a County Alcohol and Other Drug |
| 163 | Abuse Trust Fund, shall be remitted to the Department of |
| 164 | Children and Family Services, in accordance with administrative |
| 165 | rules adopted, for deposit into the department's Community |
| 166 | Alcohol and Other Drug Abuse Services Grants and Donations Trust |
| 167 | Fund for distribution pursuant to the guidelines and priorities |
| 168 | developed by the department. |
| 169 | Section 6. Subsection (2) of section 938.23, Florida |
| 170 | Statutes, is amended to read: |
| 171 | 938.23 Assistance grants for alcohol and other drug abuse |
| 172 | programs.-- |
| 173 | (2) All assessments authorized by this section shall be |
| 174 | collected by the clerk of court and remitted to the |
| 175 | jurisdictional county as described in s. 893.165(2) for deposit |
| 176 | into the County Alcohol and Other Drug Abuse Trust Fund or |
| 177 | remitted to the Department of Revenue for deposit into the |
| 178 | Community Alcohol and Other Drug Abuse Services Grants and |
| 179 | Donations Trust Fund of the Department of Children and Family |
| 180 | Services pursuant to guidelines and priorities developed by the |
| 181 | department. If a County Alcohol and Other Drug Abuse Trust Fund |
| 182 | has not been established for any jurisdictional county, |
| 183 | assessments collected by the clerk of court shall be remitted to |
| 184 | the Department of Revenue for deposit into the Community Alcohol |
| 185 | and Other Drug Abuse Services Grants and Donations Trust Fund of |
| 186 | the Department of Children and Family Services. |
| 187 | Section 7. This act shall take effect July 1, 2009. |