Florida Senate - 2010                                    SB 2266
       
       
       
       By Senator Baker
       
       
       
       
       20-01835-10                                           20102266__
    1                        A bill to be entitled                      
    2         An act relating to the Medicaid rural county pilot
    3         project; creating s. 409.91212, F.S.; authorizing the
    4         Agency for Health Care Administration to seek a
    5         Medicaid pilot project waiver; creating a Medicaid
    6         rural county pilot project; providing definitions;
    7         providing duties and responsibilities of the agency
    8         and the boards of county commissioners with respect to
    9         implementing the project; providing requirements for
   10         county contracts with home maintenance organizations;
   11         authorizing the board of county commissioners of a
   12         rural county participating in the pilot project to
   13         consult with the agency regarding implementation of
   14         the project; authorizing the agency to adopt rules to
   15         implement the project; requiring the agency to submit
   16         a report to the Legislature; providing conditions
   17         under which a rural county may provide health care if
   18         a federal health reform plan is adopted; providing an
   19         effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 409.91212, Florida Statutes, is created
   24  to read:
   25         409.91212 Medicaid rural county pilot project.—
   26         (1) The Agency for Health Care Administration is authorized
   27  to seek a Medicaid waiver, pursuant to s. 1115 of the Social
   28  Security Act, to implement a 5-year pilot project to improve
   29  access to health care in each of the rural counties in this
   30  state. For the purposes of this section, the term “rural county”
   31  means a county having a population of fewer than 85,000
   32  residents.
   33         (2) The agency shall implement a pilot program that:
   34         (a) Includes Medicaid eligibility categories specified in
   35  ss. 409.903 and 409.904, as authorized in an approved federal
   36  waiver.
   37         (b) Delivers all mandatory services specified in s. 409.905
   38  and optional services specified in s. 409.906, as approved by
   39  the Centers for Medicare and Medicaid Services and the
   40  Legislature in the waiver pursuant to this section. Services to
   41  recipients under plan benefits shall include emergency services
   42  provided under s. 409.9128.
   43         (c) Permits a pharmacy licensed by the state in a rural
   44  county to purchase drugs at the same price as a federally
   45  qualified health center that serves Medicaid recipients who
   46  reside in that county. The agency shall work with independent
   47  retail pharmacies and the Florida Pharmacy Association to
   48  develop criteria and eligibility for access to the preferred
   49  pricing for drugs sold to Medicaid and Medicare Part D plan
   50  participants.
   51         (3) The agency shall award contracts in each participating
   52  county for a term of not less than 3 years and not more than 5
   53  years. In each county where a health maintenance organization is
   54  the successful bidder, the contract shall:
   55         (a) Include requirements for the health maintenance
   56  organization to make investments in the community-based care
   57  infrastructure, help develop and implement training on best
   58  practices so as to improve home care, and develop the skills of
   59  nonlicensed caregivers that are critical to controlling costs.
   60         (b) Incorporate the medical home model as a method for
   61  managing care.
   62         (c) Include hospital, pharmacy, mental health,
   63  transportation, and specialty care.
   64         (d) Include risk-adjusted rates to ensure the adequate
   65  provision of care to individuals considered to be a higher risk.
   66         (e) Include incentives for the development of innovation
   67  and require the development of provider systems located in the
   68  rural counties.
   69         (f) Include requirements for the development of local or
   70  regional electronic health records, pursuant to the Florida
   71  Electronic Health Records Exchange Act as provided in s.
   72  408.051, for all health care providers.
   73         (g) Demonstrate cost savings.
   74         (h) Require the health maintenance organization to provide
   75  the collected encounter data to the local health authority
   76  advisory board and post the data on the county’s website for
   77  public review.
   78         (i) Establish a toll-free complaint line, the number of
   79  which shall be distributed to enrolled members.
   80         (j) Provide for a process that permits the health
   81  maintenance organization or the agency, in consultation with the
   82  board of county commissioners, to terminate the contract.
   83         (k) Provide incentives to encourage the use of downward
   84  substitution of services as a means of offering comparable
   85  services at a lower cost and invest in innovative and promising
   86  practices to reduce the cost of and expand access to health care
   87  and improve customer satisfaction. For purposes of this section,
   88  the term “downward substitution” means the use of less
   89  restrictive, lower cost, and medically appropriate services
   90  provided as an alternative to higher cost state plan services.
   91         (4) At the discretion of its board of county commissioners,
   92  a rural county may participate in or decline to participate in
   93  the pilot project. The board of county commissioners of a county
   94  that chooses to participate in the pilot project is authorized
   95  to:
   96         (a) Develop, in consultation with the agency, a single
   97  source request for proposal for the provision of all Medicaid
   98  services in each county.
   99         (b) Collaborate with boards of county commissioners in
  100  other rural counties to create a regional request for proposal
  101  for the provision of Medicaid services if that collaboration
  102  would improve access to health care.
  103         (c) Establish, in consultation with the agency, a local
  104  health advisory council the functions of which are to review
  105  encounter data; offer recommendations for improving access to
  106  health care; accept and process consumer complaints; keep
  107  minutes of each meeting of the council, which shall be subject
  108  to the provisions of chapter 119; and conduct monthly meetings
  109  and workshops that are open to the public in accordance with the
  110  provisions of chapter 286. The board of county commissioners
  111  shall appoint the members of the council, which shall include a
  112  representative of the agency as a nonvoting member.
  113         (5) Upon review and approval of the applications for
  114  waivers of applicable federal laws and regulations to implement
  115  the managed care pilot program by the Legislature, the agency
  116  may initiate adoption of rules pursuant to ss. 120.536(1) and
  117  120.54 to implement and administer the managed care pilot
  118  program as provided in this section.
  119         (6) The agency shall submit a report on the progress of the
  120  pilot project to the President of the Senate and the Speaker of
  121  the House of Representatives by February 1, 2011.
  122         Section 2. If a federal health reform plan is adopted, a
  123  rural county health care plan is authorized to provide health
  124  care as a state option, and any waiver sought under s.
  125  409.91212, Florida Statutes, shall permit the state to exercise
  126  flexibility regarding access to cost-effective health care in
  127  rural counties, as defined in s. 409.91212, Florida Statutes.
  128         Section 3. This act shall take effect July 1, 2010.