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.