Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/CS/HB 119, 1st Eng. Barcode 256010 LEGISLATIVE ACTION Senate . House . . . Floor: 1J/AD/2R . Floor: RC 05/06/2011 07:05 PM . 05/06/2011 10:48 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment to Amendment (258560) (with title 2 amendment) 3 4 Between lines 2937 and 2938 5 insert: 6 Section 74. Section 409.981, Florida Statutes, is created 7 to read: 8 409.981 Eligible long-term care plans.— 9 (1) ELIGIBLE PLANS.—Provider service networks must be long 10 term care provider service networks. Other eligible plans may be 11 long-term care plans or comprehensive long-term care plans. 12 (2) ELIGIBLE PLAN SELECTION.—The agency shall select 13 eligible plans through the procurement process described in s. 14 409.966. The agency shall provide notice of invitations to 15 negotiate by July 1, 2012. The agency shall procure: 16 (a) Two plans for Region 1. At least one plan must be a 17 provider service network if any provider service networks submit 18 a responsive bid. 19 (b) Two plans for Region 2. At least one plan must be a 20 provider service network if any provider service networks submit 21 a responsive bid. 22 (c) At least three plans and up to five plans for Region 3. 23 At least one plan must be a provider service network if any 24 provider service networks submit a responsive bid. 25 (d) At least three plans and up to five plans for Region 4. 26 At least one plan must be a provider service network if any 27 provider service network submits a responsive bid. 28 (e) At least two plans and up to 4 plans for Region 5. At 29 least one plan must be a provider service network if any 30 provider service networks submit a responsive bid. 31 (f) At least four plans and up to seven plans for Region 6. 32 At least one plan must be a provider service network if any 33 provider service networks submit a responsive bid. 34 (g) At least three plans and up to 6 plans for Region 7. At 35 least one plan must be a provider service networks if any 36 provider service networks submit a responsive bid. 37 (h) At least two plans and up to four plans for Region 8. 38 At least one plan must be a provider service network if any 39 provider service networks submit a responsive bid. 40 (i) At least two plans and up to four plans for Region 9. 41 At least one plan must be a provider service network if any 42 provider service networks submit a responsive bid. 43 (j) At least two plans and up to four plans for Region 10. 44 At least one plan must be a provider service network if any 45 provider service networks submit a responsive bid. 46 (k) At least five plans and up to ten plans for Region 11. 47 At least one plan must be a provider service network if any 48 provider service networks submit a responsive bid. 49 50 If no provider service network submits a responsive bid in a 51 region other than Region 1 or Region 2, the agency shall procure 52 no more than one less than the maximum number of eligible plans 53 permitted in that region. Within 12 months after the initial 54 invitation to negotiate, the agency shall attempt to procure a 55 provider service network. The agency shall notice another 56 invitation to negotiate only with provider service networks in 57 regions where no provider service network has been selected. 58 (3) QUALITY SELECTION CRITERIA.—In addition to the criteria 59 established in s. 409.966, the agency shall consider the 60 following factors in the selection of eligible plans: 61 (a) Evidence of the employment of executive managers with 62 expertise and experience in serving aged and disabled persons 63 who require long-term care. 64 (b) Whether a plan has established a network of service 65 providers dispersed throughout the region and in sufficient 66 numbers to meet specific service standards established by the 67 agency for specialty services for persons receiving home and 68 community-based care. 69 (c) Whether a plan is proposing to establish a 70 comprehensive long-term care plan and whether the eligible plan 71 has a contract to provide managed medical assistance services in 72 the same region. 73 (d) Whether a plan offers consumer-directed care services 74 to enrollees pursuant to s. 409.221. 75 (e) Whether a plan is proposing to provide home and 76 community-based services in addition to the minimum benefits 77 required by s. 409.98. 78 (4) PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY. 79 Participation by the Program of All-Inclusive Care for the 80 Elderly (PACE) shall be pursuant to a contract with the agency 81 and not subject to the procurement requirements or regional plan 82 number limits of this section. PACE plans may continue to 83 provide services to individuals at such levels and enrollment 84 caps as authorized by the General Appropriations Act. 85 (5) MEDICARE PLANS.—Participation by a Medicare Advantage 86 Preferred Provider Organization, Medicare Advantage Provider 87 sponsored Organization, Medicare Advantage Special Needs Plan, 88 Medicare Advantage health maintenance organizations, or Medicare 89 Advantage coordinated care plans shall be pursuant to a contract 90 with the agency and not subject to the procurement requirements 91 if the plan’s Medicaid enrollees consist exclusively of 92 recipients who are deemed dually eligible for Medicaid and 93 Medicare services. Otherwise, Medicare Advantage Preferred 94 Provider Organizations, Medicare Advantage Provider-Sponsored 95 Organizations, Medicare Advantage Special Needs Plans, Medicare 96 Advantage health maintenance organizations, and Medicare 97 Advantage coordinated care plans are subject to all procurement 98 requirements. 99 Section 75. Section 409.984, Florida Statutes, is created 100 to read: 101 409.984 Enrollment in a long-term care managed care plan.— 102 (1) The agency shall automatically enroll into a long-term 103 care managed care plan those Medicaid recipients who do not 104 voluntarily choose a plan pursuant to s. 409.969. The agency 105 shall automatically enroll recipients in plans that meet or 106 exceed the performance or quality standards established pursuant 107 to s. 409.967 and may not automatically enroll recipients in a 108 plan that is deficient in those performance or quality 109 standards. If a recipient is deemed dually eligible for Medicaid 110 and Medicare services and is currently receiving Medicare 111 services from an entity qualified under 42 C.F.R. part 422 as a 112 Medicare Advantage Preferred Provider Organization, Medicare 113 Advantage Provider-sponsored Organization, Medicare Advantage 114 Special Needs Plan, Medicare Advantage health maintenance 115 organization, or Medicare Advantage coordinated care plan, the 116 agency shall automatically enroll the recipient in such plan for 117 Medicaid services if the plan is currently participating in the 118 long-term care managed care program. Except as otherwise 119 provided in this part, the agency may not engage in practices 120 that are designed to favor one managed care plan over another. 121 (1) When automatically enrolling recipients in plans, the 122 agency shall take into account the following criteria: 123 (a) Whether the plan has sufficient network capacity to 124 meet the needs of the recipients. 125 (b) Whether the recipient has previously received services 126 from one of the plan’s home and community-based service 127 providers. 128 (c) Whether the home and community-based providers in one 129 plan are more geographically accessible to the recipient’s 130 residence than those in other plans. 131 (3) Notwithstanding s. 409.969(3)(c), if a recipient is 132 referred for hospice services, the recipient has 30 days during 133 which the recipient may select to enroll in another managed care 134 plan to access the hospice provider of the recipient’s choice. 135 (4) If a recipient is referred for placement in a nursing 136 home or assisted living facility, the plan must inform the 137 recipient of any facilities within the plan that have specific 138 cultural or religious affiliations and, if requested by the 139 recipient, make a reasonable effort to place the recipient in 140 the facility of the recipient’s choice. 141 142 ================= T I T L E A M E N D M E N T ================ 143 And the title is amended as follows: 144 Delete line 4902 145 and insert: 146 psychiatric facility; creating s. 409.981, F.S.; 147 providing criteria for eligible plans; designating 148 regions for plan implementation throughout the state; 149 providing criteria for the selection of plans to 150 participate in the long-term care managed care 151 program; providing that participation by the Program 152 of All-Inclusive Care for the Elderly and certain 153 Medicare plans is pursuant to an agency contract and 154 not subject to procurement; creating s. 409.984, F.S.; 155 providing criteria for automatic assignments of plan 156 enrollees who fail to choose a plan; providing for 157 hospice selection within a specified timeframe; 158 providing for a choice of residential setting under 159 certain circumstances; amending s. 429.07, F.S.;