Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1736 Barcode 615948 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Flores) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 2675 and 2676 4 insert: 5 (4) The agency may contract with: 6 (b) An entity that is providing comprehensive behavioral 7 health care services to certain Medicaid recipients through a 8 capitated, prepaid arrangement pursuant to the federal waiver 9 provided for by s. 409.905(5). Such entity must be licensed 10 under chapter 624, chapter 636, or chapter 641, or authorized 11 under paragraph (c) or paragraph (d), and must possess the 12 clinical systems and operational competence to manage risk and 13 provide comprehensive behavioral health care to Medicaid 14 recipients. As used in this paragraph, the term “comprehensive 15 behavioral health care services” means covered mental health and 16 substance abuse treatment services that are available to 17 Medicaid recipients. The secretary of the Department of Children 18 and Family Services shall approve provisions of procurements 19 related to children in the department’s care or custody before 20 enrolling such children in a prepaid behavioral health plan. Any 21 contract awarded under this paragraph must be competitively 22 procured. In developing the behavioral health care prepaid plan 23 procurement document, the agency shall ensure that the 24 procurement document requires the contractor to develop and 25 implement a plan to ensure compliance with s. 394.4574 related 26 to services provided to residents of licensed assisted living 27 facilities that hold a limited mental health license. Except as 28 provided in subparagraph 8., and except in counties where the 29 Medicaid managed care pilot program is authorized pursuant to s. 30 409.91211, the agency shall seek federal approval to contract 31 with a single entity meeting these requirements to provide 32 comprehensive behavioral health care services to all Medicaid 33 recipients not enrolled in a Medicaid managed care plan 34 authorized under s. 409.91211, a provider service network 35 authorized under paragraph (d), or a Medicaid health maintenance 36 organization in an AHCA area. In an AHCA area where the Medicaid 37 managed care pilot program is authorized pursuant to s. 38 409.91211 in one or more counties, the agency may procure a 39 contract with a single entity to serve the remaining counties as 40 an AHCA area or the remaining counties may be included with an 41 adjacent AHCA area and are subject to this paragraph. Each 42 entity must offer a sufficient choice of providers in its 43 network to ensure recipient access to care and the opportunity 44 to select a provider with whom they are satisfied. The network 45 shall include all public mental health hospitals. To ensure 46 unimpaired access to behavioral health care services by Medicaid 47 recipients, all contracts issued pursuant to this paragraph must 48 require 80 percent of the capitation paid to the managed care 49 plan, including health maintenance organizations and capitated 50 provider service networks, to be expended for the provision of 51 behavioral health care services. If the managed care plan 52 expends less than 80 percent of the capitation paid for the 53 provision of behavioral health care services, the difference 54 shall be returned to the agency. The agency shall provide the 55 plan with a certification letter indicating the amount of 56 capitation paid during each calendar year for behavioral health 57 care services pursuant to this section. The agency may reimburse 58 for substance abuse treatment services on a fee-for-service 59 basis until the agency finds that adequate funds are available 60 for capitated, prepaid arrangements. 61 1. By January 1, 2001, the agency shall modify the 62 contracts with the entities providing comprehensive inpatient 63 and outpatient mental health care services to Medicaid 64 recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk 65 Counties, to include substance abuse treatment services. 66 2. By July 1, 2003, the agency and the Department of 67 Children and Family Services shall execute a written agreement 68 that requires collaboration and joint development of all policy, 69 budgets, procurement documents, contracts, and monitoring plans 70 that have an impact on the state and Medicaid community mental 71 health and targeted case management programs. 72 3. Except as provided in subparagraph 8., by July 1, 2006, 73 the agency and the Department of Children and Family Services 74 shall contract with managed care entities in each AHCA area 75 except area 6 or arrange to provide comprehensive inpatient and 76 outpatient mental health and substance abuse services through 77 capitated prepaid arrangements to all Medicaid recipients who 78 are eligible to participate in such plans under federal law and 79 regulation. In AHCA areas where eligible individuals number less 80 than 150,000, the agency shall contract with a single managed 81 care plan to provide comprehensive behavioral health services to 82 all recipients who are not enrolled in a Medicaid health 83 maintenance organization, a provider service network authorized 84 under paragraph (d), or a Medicaid capitated managed care plan 85 authorized under s. 409.91211. The agency may contract with more 86 than one comprehensive behavioral health provider to provide 87 care to recipients who are not enrolled in a Medicaid capitated 88 managed care plan authorized under s. 409.91211, a provider 89 service network authorized under paragraph (d), or a Medicaid 90 health maintenance organization in AHCA areas where the eligible 91 population exceeds 150,000. In an AHCA area where the Medicaid 92 managed care pilot program is authorized pursuant to s. 93 409.91211 in one or more counties, the agency may procure a 94 contract with a single entity to serve the remaining counties as 95 an AHCA area or the remaining counties may be included with an 96 adjacent AHCA area and shall be subject to this paragraph. 97 Contracts for comprehensive behavioral health providers awarded 98 pursuant to this section shall be competitively procured. Both 99 for-profit and not-for-profit corporations are eligible to 100 compete. Managed care plans contracting with the agency under 101 subsection (3) or paragraph (d), shall provide and receive 102 payment for the same comprehensive behavioral health benefits as 103 provided in AHCA rules, including handbooks incorporated by 104 reference. In AHCA area 11, the agency shall contract with at 105 least two comprehensive behavioral health care providers to 106 provide behavioral health care to recipients in that area who 107 are enrolled in, or assigned to, the MediPass program. One of 108 the behavioral health care contracts must be with the existing 109 provider service network pilot project, as described in 110 paragraph (d), for the purpose of demonstrating the cost 111 effectiveness of the provision of quality mental health services 112 through a public hospital-operated managed care model. Payment 113 shall be at an agreed-upon capitated rate to ensure cost 114 savings. Of the recipients in area 11 who are assigned to 115 MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those 116 MediPass-enrolled recipients shall be assigned to the existing 117 provider service network in area 11 for their behavioral care. 118 4. By October 1, 2003, the agency and the department shall 119 submit a plan to the Governor, the President of the Senate, and 120 the Speaker of the House of Representatives which provides for 121 the full implementation of capitated prepaid behavioral health 122 care in all areas of the state. 123 a. Implementation shall begin in 2003 in those AHCA areas 124 of the state where the agency is able to establish sufficient 125 capitation rates. 126 b. If the agency determines that the proposed capitation 127 rate in any area is insufficient to provide appropriate 128 services, the agency may adjust the capitation rate to ensure 129 that care will be available. The agency and the department may 130 use existing general revenue to address any additional required 131 match but may not over-obligate existing funds on an annualized 132 basis. 133 c. Subject to any limitations provided in the General 134 Appropriations Act, the agency, in compliance with appropriate 135 federal authorization, shall develop policies and procedures 136 that allow for certification of local and state funds. 137 5. Children residing in a statewide inpatient psychiatric 138 program, or in a Department of Juvenile Justice or a Department 139 of Children and Family Services residential program approved as 140 a Medicaid behavioral health overlay services provider may not 141 be included in a behavioral health care prepaid health plan or 142 any other Medicaid managed care plan pursuant to this paragraph. 143 6. In converting to a prepaid system of delivery, the 144 agency shall in its procurement document require an entity 145 providing only comprehensive behavioral health care services to 146 prevent the displacement of indigent care patients by enrollees 147 in the Medicaid prepaid health plan providing behavioral health 148 care services from facilities receiving state funding to provide 149 indigent behavioral health care, to facilities licensed under 150 chapter 395 which do not receive state funding for indigent 151 behavioral health care, or reimburse the unsubsidized facility 152 for the cost of behavioral health care provided to the displaced 153 indigent care patient. 154 7. Traditional community mental health providers under 155 contract with the Department of Children and Family Services 156 pursuant to part IV of chapter 394, child welfare providers 157 under contract with the Department of Children and Family 158 Services in areas 1 and 6, and inpatient mental health providers 159 licensed pursuant to chapter 395 must be offered an opportunity 160 to accept or decline a contract to participate in any provider 161 network for prepaid behavioral health services. 162 8. All Medicaid-eligible children, except children in area 163 1 and children in Highlands County, Hardee County, Polk County, 164 or Manatee County of area 6, that are open for child welfare 165 services in the HomeSafeNet system, shall receive their 166 behavioral health care services through a specialty prepaid plan 167 operated by community-based lead agencies through a single 168 agency or formal agreements among several agencies. The agency 169 shall work with the specialty plan to develop clinically 170 effective, evidence-based alternatives as a downward 171 substitution for the statewide inpatient psychiatric program and 172 similar residential care and institutional services. The 173 specialty prepaid plan must result in savings to the state 174 comparable to savings achieved in other Medicaid managed care 175 and prepaid programs. Such plan must provide mechanisms to 176 maximize state and local revenues. The specialty prepaid plan 177 shall be developed by the agency and the Department of Children 178 and Family Services. The agency may seek federal waivers to 179 implement this initiative. Medicaid-eligible children whose 180 cases are open for child welfare services in the HomeSafeNet 181 system and who reside in AHCA area 10 are exempt from the 182 specialty prepaid plan upon the development of a service 183 delivery mechanism for children who reside in area 10 as 184 specified in s. 409.91211(3)(dd). 185 186 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 187 And the directory clause is amended as follows: 188 Delete lines 2612 - 2613 189 and insert: 190 Section 72. Paragraph (b) of subsection (4) and paragraph 191 (a) of subsection (39) of section 409.912, Florida Statutes, are 192 amended to read: 193 194 ================= T I T L E A M E N D M E N T ================ 195 And the title is amended as follows: 196 Delete line 232 197 and insert: 198 F.S.; requiring the Agency for Health Care 199 Administration to work with the specialty prepaid plan 200 that provides behavioral health care services for 201 certain Medicaid-eligible children to develop 202 evidence-based alternatives for the statewide 203 inpatient psychiatric program and other similar 204 services; revising procedures for implementation of a