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.