Florida Senate - 2011 SB 2048 By Senator Braynon 33-02589-11 20112048__ 1 A bill to be entitled 2 An act relating to Medicaid; amending s. 409.912, 3 F.S.; authorizing the Agency for Health Care 4 Administration, in collaboration with the Department 5 of Health, to develop a home and community-based 6 services Medicaid waiver program to serve children 7 diagnosed with Trisomy 18, subject to federal waiver 8 approval, the availability of funds, and certain 9 limitations; providing rulemaking authority; providing 10 a short title; establishing the Health and Wellness 11 Recruitment Act; providing a purpose; requiring the 12 Florida Public Health Institute, Inc., and the 13 Department of Health, in cooperation with state and 14 local governments, to create and administer plans to 15 reduce the cost of health care services to adults and 16 children, including, but not limited to, those persons 17 participating in the Medicaid program or Medicare 18 program, throughout the state by providing education, 19 services, and treatment through health care 20 professionals and providers within a specified period 21 of time; requiring the Florida Public Health 22 Institute, Inc., and the Department of Health to 23 submit the plans to the Governor and Legislature; 24 requiring the Florida Public Health Institute, Inc., 25 and the department to revise the plans every 2 years; 26 requiring the Florida Public Health Institute, Inc., 27 and the Department of Health, in consultation with 28 health care stakeholders, to construct, in the most 29 cost-efficient manner, the plans in accordance with 30 the best interests of educational institutions, 31 professionals, providers, and businesses in the health 32 care industry in this state; requiring the Department 33 of Health to provide administrative and staff support 34 services and office space; requiring the department to 35 adopt rules; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Subsection (54) is added to section 409.912, 40 Florida Statutes, to read: 41 409.912 Cost-effective purchasing of health care.—The 42 agency shall purchase goods and services for Medicaid recipients 43 in the most cost-effective manner consistent with the delivery 44 of quality medical care. To ensure that medical services are 45 effectively utilized, the agency may, in any case, require a 46 confirmation or second physician’s opinion of the correct 47 diagnosis for purposes of authorizing future services under the 48 Medicaid program. This section does not restrict access to 49 emergency services or poststabilization care services as defined 50 in 42 C.F.R. part 438.114. Such confirmation or second opinion 51 shall be rendered in a manner approved by the agency. The agency 52 shall maximize the use of prepaid per capita and prepaid 53 aggregate fixed-sum basis services when appropriate and other 54 alternative service delivery and reimbursement methodologies, 55 including competitive bidding pursuant to s. 287.057, designed 56 to facilitate the cost-effective purchase of a case-managed 57 continuum of care. The agency shall also require providers to 58 minimize the exposure of recipients to the need for acute 59 inpatient, custodial, and other institutional care and the 60 inappropriate or unnecessary use of high-cost services. The 61 agency shall contract with a vendor to monitor and evaluate the 62 clinical practice patterns of providers in order to identify 63 trends that are outside the normal practice patterns of a 64 provider’s professional peers or the national guidelines of a 65 provider’s professional association. The vendor must be able to 66 provide information and counseling to a provider whose practice 67 patterns are outside the norms, in consultation with the agency, 68 to improve patient care and reduce inappropriate utilization. 69 The agency may mandate prior authorization, drug therapy 70 management, or disease management participation for certain 71 populations of Medicaid beneficiaries, certain drug classes, or 72 particular drugs to prevent fraud, abuse, overuse, and possible 73 dangerous drug interactions. The Pharmaceutical and Therapeutics 74 Committee shall make recommendations to the agency on drugs for 75 which prior authorization is required. The agency shall inform 76 the Pharmaceutical and Therapeutics Committee of its decisions 77 regarding drugs subject to prior authorization. The agency is 78 authorized to limit the entities it contracts with or enrolls as 79 Medicaid providers by developing a provider network through 80 provider credentialing. The agency may competitively bid single 81 source-provider contracts if procurement of goods or services 82 results in demonstrated cost savings to the state without 83 limiting access to care. The agency may limit its network based 84 on the assessment of beneficiary access to care, provider 85 availability, provider quality standards, time and distance 86 standards for access to care, the cultural competence of the 87 provider network, demographic characteristics of Medicaid 88 beneficiaries, practice and provider-to-beneficiary standards, 89 appointment wait times, beneficiary use of services, provider 90 turnover, provider profiling, provider licensure history, 91 previous program integrity investigations and findings, peer 92 review, provider Medicaid policy and billing compliance records, 93 clinical and medical record audits, and other factors. Providers 94 shall not be entitled to enrollment in the Medicaid provider 95 network. The agency shall determine instances in which allowing 96 Medicaid beneficiaries to purchase durable medical equipment and 97 other goods is less expensive to the Medicaid program than long 98 term rental of the equipment or goods. The agency may establish 99 rules to facilitate purchases in lieu of long-term rentals in 100 order to protect against fraud and abuse in the Medicaid program 101 as defined in s. 409.913. The agency may seek federal waivers 102 necessary to administer these policies. 103 (54) The agency shall work with the Department of Health to 104 develop a Medicaid waiver program for home and community-based 105 services to serve children diagnosed with Trisomy 18, also known 106 as Edwards syndrome, a rare genetic disorder that is 107 characterized by heart abnormalities, kidney dysfunction, and 108 other internal disorders. The agency shall implement the program 109 subject to federal waiver approval, the availability of funds, 110 and any limitations provided in the General Appropriations Act. 111 The agency may adopt rules to administer this subsection. 112 Section 2. (1) SHORT TITLE.—This act shall be cited as the 113 “Health and Wellness Recruitment Act.” 114 (2) PURPOSE.—The Health and Wellness Recruitment Act is 115 established to inform, change, restore, and promote daily 116 internal, external, and spiritual wellness through healthy 117 living for all residents in this state with the intent to save 118 the state the extra cost of health care. Such savings may be 119 redirected and invested in treating mental health diseases and 120 other serious permanent, hereditary, or contagious diseases that 121 affect the most ill residents of the state, especially those 122 participating in the Medicaid program or Medicare program. 123 (3) STAGE I HEALTH STRATEGY.—The Florida Public Health 124 Institute, Inc., and the Department of Health, in cooperation 125 with state and local governments, shall create and administer a 126 plan to reduce the cost of health care services to adults and 127 children, including, but not limited to, those persons 128 participating in the Medicaid program or Medicare program, 129 throughout the state by providing education, services, and 130 treatment through health care professionals and providers by 131 July 1, 2013. The Florida Public Health Institute, Inc., and the 132 Department of Health shall submit a plan for execution to the 133 Governor, the President of the Senate, and the Speaker of the 134 House of Representatives by October 1, 2011, to determine: 135 (a) Which curative remedies to use, including, but not 136 limited to, spiritual remedies, a proper nutritional and 137 therapeutic diet, natural foods, alternative medicine, and 138 physical activity, for the treatment and cure of those persons 139 who suffer from internal illnesses, skin diseases, and injuries 140 to the body. 141 (b) How participants in the state Medicaid program or state 142 Medicare program who suffer from internal illnesses, skin 143 diseases, and injuries to the body should be treated with 144 curative remedies provided in paragraph (a). 145 (c) How implementing this 24-month plan provided in this 146 subsection may be administered among the residents of this state 147 in accordance with ss. 381.005, 381.006, 381.0302, 381.734, 148 381.7351-381.7356, and 381.98, Florida Statutes. 149 (d) The results that may occur, based on the curative 150 remedies provided in paragraph (a), from the decrease in health 151 care fraud, doctor visits, and pharmaceutical drug usage among 152 residents in the state. 153 (e) The cost and any appropriation that is required to 154 implement the 24-month plan provided in this subsection. 155 (f) Any other matters that the Florida Public Health 156 Institute, Inc., and the Department of Health may deem 157 significant in implementing the 24-month plan provided in this 158 subsection. 159 (4) STAGE II WELLNESS STRATEGY.—The Florida Public Health 160 Institute, Inc., and the Department of Health, in cooperation 161 with state and local governments, shall create and administer a 162 plan to reduce the cost of health care services by stabilizing 163 the health care needs for adults and children, including, but 164 not limited to, those participants in the Medicaid program or 165 Medicare program, throughout the state through education, public 166 service announcements, and health care professionals and 167 providers by July 1, 2013. The Florida Public Health Institute, 168 Inc., and the Department of Health shall submit a plan for 169 execution to the Governor, the President of the Senate, and the 170 Speaker of the House of Representatives by January 9, 2012, to 171 determine: 172 (a) Which preventive remedies to use, including, but not 173 limited to, spiritual remedies, a proper nutritional and 174 therapeutic diet, natural foods, alternative medicine, and 175 physical activity, for the treatment and cure of those persons 176 who suffer from internal illnesses, skin diseases, and injuries 177 to the body. 178 (b) How participants in the state Medicaid program or the 179 state Medicare program should be educated in the use of 180 preventive remedies provided in paragraph (a). 181 (c) How implementing the 24-month plan provided in this 182 subsection may be administered among the residents of this state 183 in accordance with ss. 381.005, 381.006, 381.0302, 381.734, 184 381.7351-381.7356, and 381.98, Florida Statutes. 185 (d) The results that may occur, based on the preventive 186 remedies provided in paragraph (a), from the decrease in health 187 care fraud, doctor visits, and pharmaceutical drug usage among 188 residents in the state. 189 (e) The cost and any appropriation that is required to 190 implement the 24-month plan provided in this subsection. 191 (f) Any other matters that the Florida Public Health 192 Institute, Inc., and the Department of Health may deem 193 significant in implementing the 24-month plan provided in this 194 subsection. 195 (5) REVISIONS.—The Florida Public Health Institute, Inc., 196 and the Department of Health shall revise the plans every 2 197 years, whether in whole or in part, and submit the revisions to 198 the Governor, the President of the Senate, and the Speaker of 199 the House of Representatives within 90 days after adopting the 200 revisions. 201 (6) RECRUITMENT PLANS SUPPORT.— 202 (a) The Florida Public Health Institute, Inc., and the 203 Department of Health, in consultation with health care 204 stakeholders, shall construct, in the most cost-efficient 205 manner, the plans provided in subsections (3) and (4) in 206 accordance with the best interests of educational institutions, 207 professionals, providers, and businesses involved in the health 208 care industry in this state. 209 (b) The Department of Health shall provide administrative 210 and staff support services and suitable space in the offices of 211 the department for the meetings and records of the department 212 and the Florida Public Health Institute, Inc., with regard to 213 the plans provided in subsections (3) and (4). 214 (7) RULES.—The Department of Health shall adopt rules to 215 administer this section. 216 Section 3. This act shall take effect July 1, 2011.