1 | Representative Hudson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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6 | Section 1. Subsections (1) and (2) of section 409.904, |
7 | Florida Statutes, are amended to read: |
8 | 409.904 Optional payments for eligible persons.-The agency |
9 | may make payments for medical assistance and related services on |
10 | behalf of the following persons who are determined to be |
11 | eligible subject to the income, assets, and categorical |
12 | eligibility tests set forth in federal and state law. Payment on |
13 | behalf of these Medicaid eligible persons is subject to the |
14 | availability of moneys and any limitations established by the |
15 | General Appropriations Act or chapter 216. |
16 | (1) Effective January 1, 2006, and subject to federal |
17 | waiver approval, a person who is age 65 or older or is |
18 | determined to be disabled, whose income is at or below 88 |
19 | percent of the federal poverty level, whose assets do not exceed |
20 | established limitations, and who is not eligible for Medicare |
21 | or, if eligible for Medicare, is also eligible for and receiving |
22 | Medicaid-covered institutional care services, hospice services, |
23 | or home and community-based services. The agency shall seek |
24 | federal authorization through a waiver to provide this coverage. |
25 | This subsection expires June 30, 2011. |
26 | (2)(a) A family, a pregnant woman, a child under age 21, a |
27 | person age 65 or over, or a blind or disabled person, who would |
28 | be eligible under any group listed in s. 409.903(1), (2), or |
29 | (3), except that the income or assets of such family or person |
30 | exceed established limitations. For a family or person in one of |
31 | these coverage groups, medical expenses are deductible from |
32 | income in accordance with federal requirements in order to make |
33 | a determination of eligibility. A family or person eligible |
34 | under the coverage known as the "medically needy," is eligible |
35 | to receive the same services as other Medicaid recipients, with |
36 | the exception of services in skilled nursing facilities and |
37 | intermediate care facilities for the developmentally disabled. |
38 | This paragraph expires June 30, 2011. |
39 | (b) Effective July 1, 2011, a pregnant woman or a child |
40 | younger than 21 years of age who would be eligible under any |
41 | group listed in s. 409.903, except that the income or assets of |
42 | such group exceed established limitations. For a person in one |
43 | of these coverage groups, medical expenses are deductible from |
44 | income in accordance with federal requirements in order to make |
45 | a determination of eligibility. A person eligible under the |
46 | coverage known as the "medically needy" is eligible to receive |
47 | the same services as other Medicaid recipients, with the |
48 | exception of services in skilled nursing facilities and |
49 | intermediate care facilities for the developmentally disabled. |
50 | Section 2. Subsections (7) and (12) of section 409.906, |
51 | Florida Statutes, are amended to read: |
52 | 409.906 Optional Medicaid services.-Subject to specific |
53 | appropriations, the agency may make payments for services which |
54 | are optional to the state under Title XIX of the Social Security |
55 | Act and are furnished by Medicaid providers to recipients who |
56 | are determined to be eligible on the dates on which the services |
57 | were provided. Any optional service that is provided shall be |
58 | provided only when medically necessary and in accordance with |
59 | state and federal law. Optional services rendered by providers |
60 | in mobile units to Medicaid recipients may be restricted or |
61 | prohibited by the agency. Nothing in this section shall be |
62 | construed to prevent or limit the agency from adjusting fees, |
63 | reimbursement rates, lengths of stay, number of visits, or |
64 | number of services, or making any other adjustments necessary to |
65 | comply with the availability of moneys and any limitations or |
66 | directions provided for in the General Appropriations Act or |
67 | chapter 216. If necessary to safeguard the state's systems of |
68 | providing services to elderly and disabled persons and subject |
69 | to the notice and review provisions of s. 216.177, the Governor |
70 | may direct the Agency for Health Care Administration to amend |
71 | the Medicaid state plan to delete the optional Medicaid service |
72 | known as "Intermediate Care Facilities for the Developmentally |
73 | Disabled." Optional services may include: |
74 | (7) CHIROPRACTIC SERVICES.-Effective October 1, 2011, the |
75 | agency may pay for manual manipulation of the spine and initial |
76 | services, screening, and X rays provided to a recipient under |
77 | the age of 21 by a licensed chiropractic physician. |
78 | (12) HEARING SERVICES.-Effective October 1, 2011, the |
79 | agency may pay for hearing and related services, including |
80 | hearing evaluations, hearing aid devices, dispensing of the |
81 | hearing aid, and related repairs, if provided to a recipient |
82 | under the age of 21 by a licensed hearing aid specialist, |
83 | otolaryngologist, otologist, audiologist, or physician. |
84 | Section 3. Subsections (14) and (23) of section 409.908, |
85 | Florida Statutes, are amended to read: |
86 | 409.908 Reimbursement of Medicaid providers.-Subject to |
87 | specific appropriations, the agency shall reimburse Medicaid |
88 | providers, in accordance with state and federal law, according |
89 | to methodologies set forth in the rules of the agency and in |
90 | policy manuals and handbooks incorporated by reference therein. |
91 | These methodologies may include fee schedules, reimbursement |
92 | methods based on cost reporting, negotiated fees, competitive |
93 | bidding pursuant to s. 287.057, and other mechanisms the agency |
94 | considers efficient and effective for purchasing services or |
95 | goods on behalf of recipients. If a provider is reimbursed based |
96 | on cost reporting and submits a cost report late and that cost |
97 | report would have been used to set a lower reimbursement rate |
98 | for a rate semester, then the provider's rate for that semester |
99 | shall be retroactively calculated using the new cost report, and |
100 | full payment at the recalculated rate shall be effected |
101 | retroactively. Medicare-granted extensions for filing cost |
102 | reports, if applicable, shall also apply to Medicaid cost |
103 | reports. Payment for Medicaid compensable services made on |
104 | behalf of Medicaid eligible persons is subject to the |
105 | availability of moneys and any limitations or directions |
106 | provided for in the General Appropriations Act or chapter 216. |
107 | Further, nothing in this section shall be construed to prevent |
108 | or limit the agency from adjusting fees, reimbursement rates, |
109 | lengths of stay, number of visits, or number of services, or |
110 | making any other adjustments necessary to comply with the |
111 | availability of moneys and any limitations or directions |
112 | provided for in the General Appropriations Act, provided the |
113 | adjustment is consistent with legislative intent. |
114 | (14) A provider of prescribed drugs shall be reimbursed |
115 | the least of the amount billed by the provider, the provider's |
116 | usual and customary charge, or the Medicaid maximum allowable |
117 | fee established by the agency, plus a dispensing fee. The |
118 | Medicaid maximum allowable fee for ingredient cost shall will be |
119 | based on the lowest lower of: the average wholesale price (AWP) |
120 | minus 16.4 percent, the wholesaler acquisition cost (WAC) plus |
121 | 3.75 4.75 percent, the federal upper limit (FUL), the state |
122 | maximum allowable cost (SMAC), or the usual and customary (UAC) |
123 | charge billed by the provider. Medicaid providers are required |
124 | to dispense generic drugs if available at lower cost and the |
125 | agency has not determined that the branded product is more cost- |
126 | effective, unless the prescriber has requested and received |
127 | approval to require the branded product. The agency is directed |
128 | to implement a variable dispensing fee for payments for |
129 | prescribed medicines while ensuring continued access for |
130 | Medicaid recipients. The variable dispensing fee may be based |
131 | upon, but not limited to, either or both the volume of |
132 | prescriptions dispensed by a specific pharmacy provider, the |
133 | volume of prescriptions dispensed to an individual recipient, |
134 | and dispensing of preferred-drug-list products. The agency may |
135 | increase the pharmacy dispensing fee authorized by statute and |
136 | in the annual General Appropriations Act by $0.50 for the |
137 | dispensing of a Medicaid preferred-drug-list product and reduce |
138 | the pharmacy dispensing fee by $0.50 for the dispensing of a |
139 | Medicaid product that is not included on the preferred drug |
140 | list. The agency may establish a supplemental pharmaceutical |
141 | dispensing fee to be paid to providers returning unused unit- |
142 | dose packaged medications to stock and crediting the Medicaid |
143 | program for the ingredient cost of those medications if the |
144 | ingredient costs to be credited exceed the value of the |
145 | supplemental dispensing fee. The agency is authorized to limit |
146 | reimbursement for prescribed medicine in order to comply with |
147 | any limitations or directions provided for in the General |
148 | Appropriations Act, which may include implementing a prospective |
149 | or concurrent utilization review program. |
150 | (23)(a) The agency shall establish rates at a level that |
151 | ensures no increase in statewide expenditures resulting from a |
152 | change in unit costs for 2 fiscal years effective July 1, 2011 |
153 | 2009. Reimbursement rates for the 2 fiscal years shall be as |
154 | provided in the General Appropriations Act. |
155 | (b) This subsection applies to the following provider |
156 | types: |
157 | 1. Inpatient hospitals. |
158 | 2. Outpatient hospitals. |
159 | 3. Nursing homes. |
160 | 4. County health departments. |
161 | 5. Community intermediate care facilities for the |
162 | developmentally disabled. |
163 | 6. Prepaid health plans. |
164 |
|
165 | The agency shall apply the effect of this subsection to the |
166 | reimbursement rates for nursing home diversion programs. |
167 | (c) The agency shall create a workgroup on hospital |
168 | reimbursement, a workgroup on nursing facility reimbursement, |
169 | and a workgroup on managed care plan payment. The workgroups |
170 | shall evaluate alternative reimbursement and payment |
171 | methodologies for hospitals, nursing facilities, and managed |
172 | care plans, including prospective payment methodologies for |
173 | hospitals and nursing facilities. The nursing facility workgroup |
174 | shall also consider price-based methodologies for indirect care |
175 | and acuity adjustments for direct care. The agency shall submit |
176 | a report on the evaluated alternative reimbursement |
177 | methodologies to the relevant committees of the Senate and the |
178 | House of Representatives by November 1, 2009. |
179 | (d) This subsection expires June 30, 2011. |
180 | Section 4. Subsection (2) of section 409.9082, Florida |
181 | Statutes, is amended to read: |
182 | 409.9082 Quality assessment on nursing home facility |
183 | providers; exemptions; purpose; federal approval required; |
184 | remedies.- |
185 | (2) Effective April 1, 2009, there is imposed upon each |
186 | nursing home facility a quality assessment. The aggregated |
187 | amount of assessments for all nursing home facilities in a given |
188 | year shall be an amount not exceeding the maximum percentage |
189 | allowed under federal law 5.5 percent of the total aggregate net |
190 | patient service revenue of assessed facilities. The agency shall |
191 | calculate the quality assessment rate annually on a per- |
192 | resident-day basis, exclusive of those resident days funded by |
193 | the Medicare program, as reported by the facilities. The per- |
194 | resident-day assessment rate shall be uniform except as |
195 | prescribed in subsection (3). Each facility shall report monthly |
196 | to the agency its total number of resident days, exclusive of |
197 | Medicare Part A resident days, and shall remit an amount equal |
198 | to the assessment rate times the reported number of days. The |
199 | agency shall collect, and each facility shall pay, the quality |
200 | assessment each month. The agency shall collect the assessment |
201 | from nursing home facility providers by no later than the 15th |
202 | of the next succeeding calendar month. The agency shall notify |
203 | providers of the quality assessment and provide a standardized |
204 | form to complete and submit with payments. The collection of the |
205 | nursing home facility quality assessment shall commence no |
206 | sooner than 5 days after the agency's initial payment of the |
207 | Medicaid rates containing the elements prescribed in subsection |
208 | (4). Nursing home facilities may not create a separate line-item |
209 | charge for the purpose of passing through the assessment to |
210 | residents. |
211 | Section 5. Subsection (8) of section 409.9083, Florida |
212 | Statutes, is amended to read: |
213 | 409.9083 Quality assessment on privately operated |
214 | intermediate care facilities for the developmentally disabled; |
215 | exemptions; purpose; federal approval required; remedies.- |
216 | (8) This section is repealed October 1, 2011. |
217 | Section 6. Paragraph (a) of subsection (2) of section |
218 | 409.911, Florida Statutes, is amended to read: |
219 | 409.911 Disproportionate share program.-Subject to |
220 | specific allocations established within the General |
221 | Appropriations Act and any limitations established pursuant to |
222 | chapter 216, the agency shall distribute, pursuant to this |
223 | section, moneys to hospitals providing a disproportionate share |
224 | of Medicaid or charity care services by making quarterly |
225 | Medicaid payments as required. Notwithstanding the provisions of |
226 | s. 409.915, counties are exempt from contributing toward the |
227 | cost of this special reimbursement for hospitals serving a |
228 | disproportionate share of low-income patients. |
229 | (2) The Agency for Health Care Administration shall use |
230 | the following actual audited data to determine the Medicaid days |
231 | and charity care to be used in calculating the disproportionate |
232 | share payment: |
233 | (a) The average of the 2004, 2005, and 2006 2003, 2004, |
234 | and 2005 audited disproportionate share data to determine each |
235 | hospital's Medicaid days and charity care for the 2011-2012 |
236 | 2010-2011 state fiscal year. |
237 | Section 7. Section 409.9112, Florida Statutes, is amended |
238 | to read: |
239 | 409.9112 Disproportionate share program for regional |
240 | perinatal intensive care centers.-In addition to the payments |
241 | made under s. 409.911, the agency shall design and implement a |
242 | system for making disproportionate share payments to those |
243 | hospitals that participate in the regional perinatal intensive |
244 | care center program established pursuant to chapter 383. The |
245 | system of payments must conform to federal requirements and |
246 | distribute funds in each fiscal year for which an appropriation |
247 | is made by making quarterly Medicaid payments. Notwithstanding |
248 | s. 409.915, counties are exempt from contributing toward the |
249 | cost of this special reimbursement for hospitals serving a |
250 | disproportionate share of low-income patients. For the 2011-2012 |
251 | 2010-2011 state fiscal year, the agency may not distribute |
252 | moneys under the regional perinatal intensive care centers |
253 | disproportionate share program. |
254 | (1) The following formula shall be used by the agency to |
255 | calculate the total amount earned for hospitals that participate |
256 | in the regional perinatal intensive care center program: |
257 |
|
258 | TAE = HDSP/THDSP |
259 | Where: |
260 | TAE = total amount earned by a regional perinatal intensive |
261 | care center. |
262 | HDSP = the prior state fiscal year regional perinatal |
263 | intensive care center disproportionate share payment to the |
264 | individual hospital. |
265 | THDSP = the prior state fiscal year total regional |
266 | perinatal intensive care center disproportionate share payments |
267 | to all hospitals. |
268 |
|
269 | (2) The total additional payment for hospitals that |
270 | participate in the regional perinatal intensive care center |
271 | program shall be calculated by the agency as follows: |
272 |
|
273 | TAP = TAE x TA |
274 | Where: |
275 | TAP = total additional payment for a regional perinatal |
276 | intensive care center. |
277 | TAE = total amount earned by a regional perinatal intensive |
278 | care center. |
279 | TA = total appropriation for the regional perinatal |
280 | intensive care center disproportionate share program. |
281 |
|
282 | (3) In order to receive payments under this section, a |
283 | hospital must be participating in the regional perinatal |
284 | intensive care center program pursuant to chapter 383 and must |
285 | meet the following additional requirements: |
286 | (a) Agree to conform to all departmental and agency |
287 | requirements to ensure high quality in the provision of |
288 | services, including criteria adopted by departmental and agency |
289 | rule concerning staffing ratios, medical records, standards of |
290 | care, equipment, space, and such other standards and criteria as |
291 | the department and agency deem appropriate as specified by rule. |
292 | (b) Agree to provide information to the department and |
293 | agency, in a form and manner to be prescribed by rule of the |
294 | department and agency, concerning the care provided to all |
295 | patients in neonatal intensive care centers and high-risk |
296 | maternity care. |
297 | (c) Agree to accept all patients for neonatal intensive |
298 | care and high-risk maternity care, regardless of ability to pay, |
299 | on a functional space-available basis. |
300 | (d) Agree to develop arrangements with other maternity and |
301 | neonatal care providers in the hospital's region for the |
302 | appropriate receipt and transfer of patients in need of |
303 | specialized maternity and neonatal intensive care services. |
304 | (e) Agree to establish and provide a developmental |
305 | evaluation and services program for certain high-risk neonates, |
306 | as prescribed and defined by rule of the department. |
307 | (f) Agree to sponsor a program of continuing education in |
308 | perinatal care for health care professionals within the region |
309 | of the hospital, as specified by rule. |
310 | (g) Agree to provide backup and referral services to the |
311 | county health departments and other low-income perinatal |
312 | providers within the hospital's region, including the |
313 | development of written agreements between these organizations |
314 | and the hospital. |
315 | (h) Agree to arrange for transportation for high-risk |
316 | obstetrical patients and neonates in need of transfer from the |
317 | community to the hospital or from the hospital to another more |
318 | appropriate facility. |
319 | (4) Hospitals which fail to comply with any of the |
320 | conditions in subsection (3) or the applicable rules of the |
321 | department and agency may not receive any payments under this |
322 | section until full compliance is achieved. A hospital which is |
323 | not in compliance in two or more consecutive quarters may not |
324 | receive its share of the funds. Any forfeited funds shall be |
325 | distributed by the remaining participating regional perinatal |
326 | intensive care center program hospitals. |
327 | Section 8. Section 409.9113, Florida Statutes, is amended |
328 | to read: |
329 | 409.9113 Disproportionate share program for teaching |
330 | hospitals.-In addition to the payments made under ss. 409.911 |
331 | and 409.9112, the agency shall make disproportionate share |
332 | payments to statutorily defined teaching hospitals for their |
333 | increased costs associated with medical education programs and |
334 | for tertiary health care services provided to the indigent. This |
335 | system of payments must conform to federal requirements and |
336 | distribute funds in each fiscal year for which an appropriation |
337 | is made by making quarterly Medicaid payments. Notwithstanding |
338 | s. 409.915, counties are exempt from contributing toward the |
339 | cost of this special reimbursement for hospitals serving a |
340 | disproportionate share of low-income patients. For the 2011-2012 |
341 | 2010-2011 state fiscal year, the agency shall distribute the |
342 | moneys provided in the General Appropriations Act to statutorily |
343 | defined teaching hospitals and family practice teaching |
344 | hospitals under the teaching hospital disproportionate share |
345 | program. The funds provided for statutorily defined teaching |
346 | hospitals shall be distributed in the same proportion as the |
347 | state fiscal year 2003-2004 teaching hospital disproportionate |
348 | share funds were distributed or as otherwise provided in the |
349 | General Appropriations Act. The funds provided for family |
350 | practice teaching hospitals shall be distributed equally among |
351 | family practice teaching hospitals. |
352 | (1) On or before September 15 of each year, the agency |
353 | shall calculate an allocation fraction to be used for |
354 | distributing funds to state statutory teaching hospitals. |
355 | Subsequent to the end of each quarter of the state fiscal year, |
356 | the agency shall distribute to each statutory teaching hospital, |
357 | as defined in s. 408.07, an amount determined by multiplying |
358 | one-fourth of the funds appropriated for this purpose by the |
359 | Legislature times such hospital's allocation fraction. The |
360 | allocation fraction for each such hospital shall be determined |
361 | by the sum of the following three primary factors, divided by |
362 | three: |
363 | (a) The number of nationally accredited graduate medical |
364 | education programs offered by the hospital, including programs |
365 | accredited by the Accreditation Council for Graduate Medical |
366 | Education and the combined Internal Medicine and Pediatrics |
367 | programs acceptable to both the American Board of Internal |
368 | Medicine and the American Board of Pediatrics at the beginning |
369 | of the state fiscal year preceding the date on which the |
370 | allocation fraction is calculated. The numerical value of this |
371 | factor is the fraction that the hospital represents of the total |
372 | number of programs, where the total is computed for all state |
373 | statutory teaching hospitals. |
374 | (b) The number of full-time equivalent trainees in the |
375 | hospital, which comprises two components: |
376 | 1. The number of trainees enrolled in nationally |
377 | accredited graduate medical education programs, as defined in |
378 | paragraph (a). Full-time equivalents are computed using the |
379 | fraction of the year during which each trainee is primarily |
380 | assigned to the given institution, over the state fiscal year |
381 | preceding the date on which the allocation fraction is |
382 | calculated. The numerical value of this factor is the fraction |
383 | that the hospital represents of the total number of full-time |
384 | equivalent trainees enrolled in accredited graduate programs, |
385 | where the total is computed for all state statutory teaching |
386 | hospitals. |
387 | 2. The number of medical students enrolled in accredited |
388 | colleges of medicine and engaged in clinical activities, |
389 | including required clinical clerkships and clinical electives. |
390 | Full-time equivalents are computed using the fraction of the |
391 | year during which each trainee is primarily assigned to the |
392 | given institution, over the course of the state fiscal year |
393 | preceding the date on which the allocation fraction is |
394 | calculated. The numerical value of this factor is the fraction |
395 | that the given hospital represents of the total number of full- |
396 | time equivalent students enrolled in accredited colleges of |
397 | medicine, where the total is computed for all state statutory |
398 | teaching hospitals. |
399 |
|
400 | The primary factor for full-time equivalent trainees is computed |
401 | as the sum of these two components, divided by two. |
402 | (c) A service index that comprises three components: |
403 | 1. The Agency for Health Care Administration Service |
404 | Index, computed by applying the standard Service Inventory |
405 | Scores established by the agency to services offered by the |
406 | given hospital, as reported on Worksheet A-2 for the last fiscal |
407 | year reported to the agency before the date on which the |
408 | allocation fraction is calculated. The numerical value of this |
409 | factor is the fraction that the given hospital represents of the |
410 | total Agency for Health Care Administration Service Index |
411 | values, where the total is computed for all state statutory |
412 | teaching hospitals. |
413 | 2. A volume-weighted service index, computed by applying |
414 | the standard Service Inventory Scores established by the Agency |
415 | for Health Care Administration to the volume of each service, |
416 | expressed in terms of the standard units of measure reported on |
417 | Worksheet A-2 for the last fiscal year reported to the agency |
418 | before the date on which the allocation factor is calculated. |
419 | The numerical value of this factor is the fraction that the |
420 | given hospital represents of the total volume-weighted service |
421 | index values, where the total is computed for all state |
422 | statutory teaching hospitals. |
423 | 3. Total Medicaid payments to each hospital for direct |
424 | inpatient and outpatient services during the fiscal year |
425 | preceding the date on which the allocation factor is calculated. |
426 | This includes payments made to each hospital for such services |
427 | by Medicaid prepaid health plans, whether the plan was |
428 | administered by the hospital or not. The numerical value of this |
429 | factor is the fraction that each hospital represents of the |
430 | total of such Medicaid payments, where the total is computed for |
431 | all state statutory teaching hospitals. |
432 |
|
433 | The primary factor for the service index is computed as the sum |
434 | of these three components, divided by three. |
435 | (2) By October 1 of each year, the agency shall use the |
436 | following formula to calculate the maximum additional |
437 | disproportionate share payment for statutorily defined teaching |
438 | hospitals: |
439 | TAP = THAF x A |
440 | Where: |
441 | TAP = total additional payment. |
442 | THAF = teaching hospital allocation factor. |
443 | A = amount appropriated for a teaching hospital |
444 | disproportionate share program. |
445 | Section 9. Section 409.9117, Florida Statutes, is amended |
446 | to read: |
447 | 409.9117 Primary care disproportionate share program.-For |
448 | the 2011-2012 2010-2011 state fiscal year, the agency shall not |
449 | distribute moneys under the primary care disproportionate share |
450 | program. |
451 | (1) If federal funds are available for disproportionate |
452 | share programs in addition to those otherwise provided by law, |
453 | there shall be created a primary care disproportionate share |
454 | program. |
455 | (2) The following formula shall be used by the agency to |
456 | calculate the total amount earned for hospitals that participate |
457 | in the primary care disproportionate share program: |
458 |
|
459 | TAE = HDSP/THDSP |
460 | Where: |
461 | TAE = total amount earned by a hospital participating in |
462 | the primary care disproportionate share program. |
463 | HDSP = the prior state fiscal year primary care |
464 | disproportionate share payment to the individual hospital. |
465 | THDSP = the prior state fiscal year total primary care |
466 | disproportionate share payments to all hospitals. |
467 |
|
468 | (3) The total additional payment for hospitals that |
469 | participate in the primary care disproportionate share program |
470 | shall be calculated by the agency as follows: |
471 |
|
472 | TAP = TAE x TA |
473 |
|
474 | Where: |
475 | TAP = total additional payment for a primary care hospital. |
476 | TAE = total amount earned by a primary care hospital. |
477 | TA = total appropriation for the primary care |
478 | disproportionate share program. |
479 |
|
480 | (4) In the establishment and funding of this program, the |
481 | agency shall use the following criteria in addition to those |
482 | specified in s. 409.911, and payments may not be made to a |
483 | hospital unless the hospital agrees to: |
484 | (a) Cooperate with a Medicaid prepaid health plan, if one |
485 | exists in the community. |
486 | (b) Ensure the availability of primary and specialty care |
487 | physicians to Medicaid recipients who are not enrolled in a |
488 | prepaid capitated arrangement and who are in need of access to |
489 | such physicians. |
490 | (c) Coordinate and provide primary care services free of |
491 | charge, except copayments, to all persons with incomes up to 100 |
492 | percent of the federal poverty level who are not otherwise |
493 | covered by Medicaid or another program administered by a |
494 | governmental entity, and to provide such services based on a |
495 | sliding fee scale to all persons with incomes up to 200 percent |
496 | of the federal poverty level who are not otherwise covered by |
497 | Medicaid or another program administered by a governmental |
498 | entity, except that eligibility may be limited to persons who |
499 | reside within a more limited area, as agreed to by the agency |
500 | and the hospital. |
501 | (d) Contract with any federally qualified health center, |
502 | if one exists within the agreed geopolitical boundaries, |
503 | concerning the provision of primary care services, in order to |
504 | guarantee delivery of services in a nonduplicative fashion, and |
505 | to provide for referral arrangements, privileges, and |
506 | admissions, as appropriate. The hospital shall agree to provide |
507 | at an onsite or offsite facility primary care services within 24 |
508 | hours to which all Medicaid recipients and persons eligible |
509 | under this paragraph who do not require emergency room services |
510 | are referred during normal daylight hours. |
511 | (e) Cooperate with the agency, the county, and other |
512 | entities to ensure the provision of certain public health |
513 | services, case management, referral and acceptance of patients, |
514 | and sharing of epidemiological data, as the agency and the |
515 | hospital find mutually necessary and desirable to promote and |
516 | protect the public health within the agreed geopolitical |
517 | boundaries. |
518 | (f) In cooperation with the county in which the hospital |
519 | resides, develop a low-cost, outpatient, prepaid health care |
520 | program to persons who are not eligible for the Medicaid |
521 | program, and who reside within the area. |
522 | (g) Provide inpatient services to residents within the |
523 | area who are not eligible for Medicaid or Medicare, and who do |
524 | not have private health insurance, regardless of ability to pay, |
525 | on the basis of available space, except that hospitals may not |
526 | be prevented from establishing bill collection programs based on |
527 | ability to pay. |
528 | (h) Work with the Florida Healthy Kids Corporation, the |
529 | Florida Health Care Purchasing Cooperative, and business health |
530 | coalitions, as appropriate, to develop a feasibility study and |
531 | plan to provide a low-cost comprehensive health insurance plan |
532 | to persons who reside within the area and who do not have access |
533 | to such a plan. |
534 | (i) Work with public health officials and other experts to |
535 | provide community health education and prevention activities |
536 | designed to promote healthy lifestyles and appropriate use of |
537 | health services. |
538 | (j) Work with the local health council to develop a plan |
539 | for promoting access to affordable health care services for all |
540 | persons who reside within the area, including, but not limited |
541 | to, public health services, primary care services, inpatient |
542 | services, and affordable health insurance generally. |
543 |
|
544 | Any hospital that fails to comply with any of the provisions of |
545 | this subsection, or any other contractual condition, may not |
546 | receive payments under this section until full compliance is |
547 | achieved. |
548 | Section 10. Paragraph (b) of subsection (16) and paragraph |
549 | (a) of subsection (39) of section 409.912, Florida Statutes, are |
550 | amended to read: |
551 | 409.912 Cost-effective purchasing of health care.-The |
552 | agency shall purchase goods and services for Medicaid recipients |
553 | in the most cost-effective manner consistent with the delivery |
554 | of quality medical care. To ensure that medical services are |
555 | effectively utilized, the agency may, in any case, require a |
556 | confirmation or second physician's opinion of the correct |
557 | diagnosis for purposes of authorizing future services under the |
558 | Medicaid program. This section does not restrict access to |
559 | emergency services or poststabilization care services as defined |
560 | in 42 C.F.R. part 438.114. Such confirmation or second opinion |
561 | shall be rendered in a manner approved by the agency. The agency |
562 | shall maximize the use of prepaid per capita and prepaid |
563 | aggregate fixed-sum basis services when appropriate and other |
564 | alternative service delivery and reimbursement methodologies, |
565 | including competitive bidding pursuant to s. 287.057, designed |
566 | to facilitate the cost-effective purchase of a case-managed |
567 | continuum of care. The agency shall also require providers to |
568 | minimize the exposure of recipients to the need for acute |
569 | inpatient, custodial, and other institutional care and the |
570 | inappropriate or unnecessary use of high-cost services. The |
571 | agency shall contract with a vendor to monitor and evaluate the |
572 | clinical practice patterns of providers in order to identify |
573 | trends that are outside the normal practice patterns of a |
574 | provider's professional peers or the national guidelines of a |
575 | provider's professional association. The vendor must be able to |
576 | provide information and counseling to a provider whose practice |
577 | patterns are outside the norms, in consultation with the agency, |
578 | to improve patient care and reduce inappropriate utilization. |
579 | The agency may mandate prior authorization, drug therapy |
580 | management, or disease management participation for certain |
581 | populations of Medicaid beneficiaries, certain drug classes, or |
582 | particular drugs to prevent fraud, abuse, overuse, and possible |
583 | dangerous drug interactions. The Pharmaceutical and Therapeutics |
584 | Committee shall make recommendations to the agency on drugs for |
585 | which prior authorization is required. The agency shall inform |
586 | the Pharmaceutical and Therapeutics Committee of its decisions |
587 | regarding drugs subject to prior authorization. The agency is |
588 | authorized to limit the entities it contracts with or enrolls as |
589 | Medicaid providers by developing a provider network through |
590 | provider credentialing. The agency may competitively bid single- |
591 | source-provider contracts if procurement of goods or services |
592 | results in demonstrated cost savings to the state without |
593 | limiting access to care. The agency may limit its network based |
594 | on the assessment of beneficiary access to care, provider |
595 | availability, provider quality standards, time and distance |
596 | standards for access to care, the cultural competence of the |
597 | provider network, demographic characteristics of Medicaid |
598 | beneficiaries, practice and provider-to-beneficiary standards, |
599 | appointment wait times, beneficiary use of services, provider |
600 | turnover, provider profiling, provider licensure history, |
601 | previous program integrity investigations and findings, peer |
602 | review, provider Medicaid policy and billing compliance records, |
603 | clinical and medical record audits, and other factors. Providers |
604 | shall not be entitled to enrollment in the Medicaid provider |
605 | network. The agency shall determine instances in which allowing |
606 | Medicaid beneficiaries to purchase durable medical equipment and |
607 | other goods is less expensive to the Medicaid program than long- |
608 | term rental of the equipment or goods. The agency may establish |
609 | rules to facilitate purchases in lieu of long-term rentals in |
610 | order to protect against fraud and abuse in the Medicaid program |
611 | as defined in s. 409.913. The agency may seek federal waivers |
612 | necessary to administer these policies. |
613 | (16) |
614 | (b) The responsibility of the agency under this subsection |
615 | shall include the development of capabilities to identify actual |
616 | and optimal practice patterns; patient and provider educational |
617 | initiatives; methods for determining patient compliance with |
618 | prescribed treatments; fraud, waste, and abuse prevention and |
619 | detection programs; and beneficiary case management programs. |
620 | 1. The practice pattern identification program shall |
621 | evaluate practitioner prescribing patterns based on national and |
622 | regional practice guidelines, comparing practitioners to their |
623 | peer groups. The agency and its Drug Utilization Review Board |
624 | shall consult with the Department of Health and a panel of |
625 | practicing health care professionals consisting of the |
626 | following: the Speaker of the House of Representatives and the |
627 | President of the Senate shall each appoint three physicians |
628 | licensed under chapter 458 or chapter 459; and the Governor |
629 | shall appoint two pharmacists licensed under chapter 465 and one |
630 | dentist licensed under chapter 466 who is an oral surgeon. Terms |
631 | of the panel members shall expire at the discretion of the |
632 | appointing official. The advisory panel shall be responsible for |
633 | evaluating treatment guidelines and recommending ways to |
634 | incorporate their use in the practice pattern identification |
635 | program. Practitioners who are prescribing inappropriately or |
636 | inefficiently, as determined by the agency, may have their |
637 | prescribing of certain drugs subject to prior authorization or |
638 | may be terminated from all participation in the Medicaid |
639 | program. |
640 | 2. The agency shall also develop educational interventions |
641 | designed to promote the proper use of medications by providers |
642 | and beneficiaries. |
643 | 3. The agency shall implement a pharmacy fraud, waste, and |
644 | abuse initiative that may include a surety bond or letter of |
645 | credit requirement for participating pharmacies, enhanced |
646 | provider auditing practices, the use of additional fraud and |
647 | abuse software, recipient management programs for beneficiaries |
648 | inappropriately using their benefits, and other steps that will |
649 | eliminate provider and recipient fraud, waste, and abuse. The |
650 | initiative shall address enforcement efforts to reduce the |
651 | number and use of counterfeit prescriptions. |
652 | 4. By September 30, 2002, The agency may shall contract |
653 | with an entity in the state to provide electronic access to |
654 | Medicaid prescription refill data and information relating to |
655 | the Medicaid Preferred Drug List to Medicaid providers implement |
656 | a wireless handheld clinical pharmacology drug information |
657 | database for practitioners. The initiative shall be designed to |
658 | enhance the agency's efforts to reduce fraud, abuse, and errors |
659 | in the prescription drug benefit program and to otherwise |
660 | further the intent of this paragraph. |
661 | 5. By April 1, 2006, the agency shall contract with an |
662 | entity to design a database of clinical utilization information |
663 | or electronic medical records for Medicaid providers. This |
664 | system must be web-based and allow providers to review on a |
665 | real-time basis the utilization of Medicaid services, including, |
666 | but not limited to, physician office visits, inpatient and |
667 | outpatient hospitalizations, laboratory and pathology services, |
668 | radiological and other imaging services, dental care, and |
669 | patterns of dispensing prescription drugs in order to coordinate |
670 | care and identify potential fraud and abuse. |
671 | 6. The agency may apply for any federal waivers needed to |
672 | administer this paragraph. |
673 | (39)(a) The agency shall implement a Medicaid prescribed- |
674 | drug spending-control program that includes the following |
675 | components: |
676 | 1. A Medicaid preferred drug list, which shall be a |
677 | listing of cost-effective therapeutic options recommended by the |
678 | Medicaid Pharmacy and Therapeutics Committee established |
679 | pursuant to s. 409.91195 and adopted by the agency for each |
680 | therapeutic class on the preferred drug list. At the discretion |
681 | of the committee, and when feasible, the preferred drug list |
682 | should include at least two products in a therapeutic class. The |
683 | agency may post the preferred drug list and updates to the |
684 | preferred drug list on an Internet website without following the |
685 | rulemaking procedures of chapter 120. Antiretroviral agents are |
686 | excluded from the preferred drug list. The agency shall also |
687 | limit the amount of a prescribed drug dispensed to no more than |
688 | a 34-day supply unless the drug products' smallest marketed |
689 | package is greater than a 34-day supply, or the drug is |
690 | determined by the agency to be a maintenance drug in which case |
691 | a 100-day maximum supply may be authorized. The agency is |
692 | authorized to seek any federal waivers necessary to implement |
693 | these cost-control programs and to continue participation in the |
694 | federal Medicaid rebate program, or alternatively to negotiate |
695 | state-only manufacturer rebates. The agency may adopt rules to |
696 | implement this subparagraph. The agency shall continue to |
697 | provide unlimited contraceptive drugs and items. The agency must |
698 | establish procedures to ensure that: |
699 | a. There is a response to a request for prior consultation |
700 | by telephone or other telecommunication device within 24 hours |
701 | after receipt of a request for prior consultation; and |
702 | b. A 72-hour supply of the drug prescribed is provided in |
703 | an emergency or when the agency does not provide a response |
704 | within 24 hours as required by sub-subparagraph a. |
705 | 2. Reimbursement to pharmacies for Medicaid prescribed |
706 | drugs shall be set at the lowest lesser of: the average |
707 | wholesale price (AWP) minus 16.4 percent, the wholesaler |
708 | acquisition cost (WAC) plus 3.75 4.75 percent, the federal upper |
709 | limit (FUL), the state maximum allowable cost (SMAC), or the |
710 | usual and customary (UAC) charge billed by the provider. |
711 | 3. The agency shall develop and implement a process for |
712 | managing the drug therapies of Medicaid recipients who are using |
713 | significant numbers of prescribed drugs each month. The |
714 | management process may include, but is not limited to, |
715 | comprehensive, physician-directed medical-record reviews, claims |
716 | analyses, and case evaluations to determine the medical |
717 | necessity and appropriateness of a patient's treatment plan and |
718 | drug therapies. The agency may contract with a private |
719 | organization to provide drug-program-management services. The |
720 | Medicaid drug benefit management program shall include |
721 | initiatives to manage drug therapies for HIV/AIDS patients, |
722 | patients using 20 or more unique prescriptions in a 180-day |
723 | period, and the top 1,000 patients in annual spending. The |
724 | agency shall enroll any Medicaid recipient in the drug benefit |
725 | management program if he or she meets the specifications of this |
726 | provision and is not enrolled in a Medicaid health maintenance |
727 | organization. |
728 | 4. The agency may limit the size of its pharmacy network |
729 | based on need, competitive bidding, price negotiations, |
730 | credentialing, or similar criteria. The agency shall give |
731 | special consideration to rural areas in determining the size and |
732 | location of pharmacies included in the Medicaid pharmacy |
733 | network. A pharmacy credentialing process may include criteria |
734 | such as a pharmacy's full-service status, location, size, |
735 | patient educational programs, patient consultation, disease |
736 | management services, and other characteristics. The agency may |
737 | impose a moratorium on Medicaid pharmacy enrollment when it is |
738 | determined that it has a sufficient number of Medicaid- |
739 | participating providers. The agency must allow dispensing |
740 | practitioners to participate as a part of the Medicaid pharmacy |
741 | network regardless of the practitioner's proximity to any other |
742 | entity that is dispensing prescription drugs under the Medicaid |
743 | program. A dispensing practitioner must meet all credentialing |
744 | requirements applicable to his or her practice, as determined by |
745 | the agency. |
746 | 5. The agency shall develop and implement a program that |
747 | requires Medicaid practitioners who prescribe drugs to use a |
748 | counterfeit-proof prescription pad for Medicaid prescriptions. |
749 | The agency shall require the use of standardized counterfeit- |
750 | proof prescription pads by Medicaid-participating prescribers or |
751 | prescribers who write prescriptions for Medicaid recipients. The |
752 | agency may implement the program in targeted geographic areas or |
753 | statewide. |
754 | 6. The agency may enter into arrangements that require |
755 | manufacturers of generic drugs prescribed to Medicaid recipients |
756 | to provide rebates of at least 15.1 percent of the average |
757 | manufacturer price for the manufacturer's generic products. |
758 | These arrangements shall require that if a generic-drug |
759 | manufacturer pays federal rebates for Medicaid-reimbursed drugs |
760 | at a level below 15.1 percent, the manufacturer must provide a |
761 | supplemental rebate to the state in an amount necessary to |
762 | achieve a 15.1-percent rebate level. |
763 | 7. The agency may establish a preferred drug list as |
764 | described in this subsection, and, pursuant to the establishment |
765 | of such preferred drug list, it is authorized to negotiate |
766 | supplemental rebates from manufacturers that are in addition to |
767 | those required by Title XIX of the Social Security Act and at no |
768 | less than 14 percent of the average manufacturer price as |
769 | defined in 42 U.S.C. s. 1936 on the last day of a quarter unless |
770 | the federal or supplemental rebate, or both, equals or exceeds |
771 | 29 percent. There is no upper limit on the supplemental rebates |
772 | the agency may negotiate. The agency may determine that specific |
773 | products, brand-name or generic, are competitive at lower rebate |
774 | percentages. Agreement to pay the minimum supplemental rebate |
775 | percentage will guarantee a manufacturer that the Medicaid |
776 | Pharmaceutical and Therapeutics Committee will consider a |
777 | product for inclusion on the preferred drug list. However, a |
778 | pharmaceutical manufacturer is not guaranteed placement on the |
779 | preferred drug list by simply paying the minimum supplemental |
780 | rebate. Agency decisions will be made on the clinical efficacy |
781 | of a drug and recommendations of the Medicaid Pharmaceutical and |
782 | Therapeutics Committee, as well as the price of competing |
783 | products minus federal and state rebates. The agency is |
784 | authorized to contract with an outside agency or contractor to |
785 | conduct negotiations for supplemental rebates. For the purposes |
786 | of this section, the term "supplemental rebates" means cash |
787 | rebates. Effective July 1, 2004, value-added programs as a |
788 | substitution for supplemental rebates are prohibited. The agency |
789 | is authorized to seek any federal waivers to implement this |
790 | initiative. |
791 | 8. The Agency for Health Care Administration shall expand |
792 | home delivery of pharmacy products. The agency is authorized to |
793 | amend the state plan and issue a procurement, as necessary, in |
794 | order to implement this program. The procurements shall include |
795 | agreements with a pharmacy or pharmacies located in the state to |
796 | provide mail order delivery services at no cost to the |
797 | recipients who elect to receive home delivery of pharmacy |
798 | products. The procurement shall focus on serving recipients with |
799 | chronic diseases for which pharmacy expenditures represent a |
800 | significant portion of Medicaid pharmacy expenditures or which |
801 | impact a significant portion of the Medicaid population. To |
802 | assist Medicaid patients in securing their prescriptions and |
803 | reduce program costs, the agency shall expand its current mail- |
804 | order-pharmacy diabetes-supply program to include all generic |
805 | and brand-name drugs used by Medicaid patients with diabetes. |
806 | Medicaid recipients in the current program may obtain |
807 | nondiabetes drugs on a voluntary basis. This initiative is |
808 | limited to the geographic area covered by the current contract. |
809 | The agency may seek and implement any federal waivers necessary |
810 | to implement this subparagraph. |
811 | 9. The agency shall limit to one dose per month any drug |
812 | prescribed to treat erectile dysfunction. |
813 | 10.a. The agency may implement a Medicaid behavioral drug |
814 | management system. The agency may contract with a vendor that |
815 | has experience in operating behavioral drug management systems |
816 | to implement this program. The agency is authorized to seek |
817 | federal waivers to implement this program. |
818 | b. The agency, in conjunction with the Department of |
819 | Children and Family Services, may implement the Medicaid |
820 | behavioral drug management system that is designed to improve |
821 | the quality of care and behavioral health prescribing practices |
822 | based on best practice guidelines, improve patient adherence to |
823 | medication plans, reduce clinical risk, and lower prescribed |
824 | drug costs and the rate of inappropriate spending on Medicaid |
825 | behavioral drugs. The program may include the following |
826 | elements: |
827 | (I) Provide for the development and adoption of best |
828 | practice guidelines for behavioral health-related drugs such as |
829 | antipsychotics, antidepressants, and medications for treating |
830 | bipolar disorders and other behavioral conditions; translate |
831 | them into practice; review behavioral health prescribers and |
832 | compare their prescribing patterns to a number of indicators |
833 | that are based on national standards; and determine deviations |
834 | from best practice guidelines. |
835 | (II) Implement processes for providing feedback to and |
836 | educating prescribers using best practice educational materials |
837 | and peer-to-peer consultation. |
838 | (III) Assess Medicaid beneficiaries who are outliers in |
839 | their use of behavioral health drugs with regard to the numbers |
840 | and types of drugs taken, drug dosages, combination drug |
841 | therapies, and other indicators of improper use of behavioral |
842 | health drugs. |
843 | (IV) Alert prescribers to patients who fail to refill |
844 | prescriptions in a timely fashion, are prescribed multiple same- |
845 | class behavioral health drugs, and may have other potential |
846 | medication problems. |
847 | (V) Track spending trends for behavioral health drugs and |
848 | deviation from best practice guidelines. |
849 | (VI) Use educational and technological approaches to |
850 | promote best practices, educate consumers, and train prescribers |
851 | in the use of practice guidelines. |
852 | (VII) Disseminate electronic and published materials. |
853 | (VIII) Hold statewide and regional conferences. |
854 | (IX) Implement a disease management program with a model |
855 | quality-based medication component for severely mentally ill |
856 | individuals and emotionally disturbed children who are high |
857 | users of care. |
858 | 11.a. The agency shall implement a Medicaid prescription |
859 | drug management system. The agency may contract with a vendor |
860 | that has experience in operating prescription drug management |
861 | systems in order to implement this system. Any management system |
862 | that is implemented in accordance with this subparagraph must |
863 | rely on cooperation between physicians and pharmacists to |
864 | determine appropriate practice patterns and clinical guidelines |
865 | to improve the prescribing, dispensing, and use of drugs in the |
866 | Medicaid program. The agency may seek federal waivers to |
867 | implement this program. |
868 | b. The drug management system must be designed to improve |
869 | the quality of care and prescribing practices based on best |
870 | practice guidelines, improve patient adherence to medication |
871 | plans, reduce clinical risk, and lower prescribed drug costs and |
872 | the rate of inappropriate spending on Medicaid prescription |
873 | drugs. The program must: |
874 | (I) Provide for the development and adoption of best |
875 | practice guidelines for the prescribing and use of drugs in the |
876 | Medicaid program, including translating best practice guidelines |
877 | into practice; reviewing prescriber patterns and comparing them |
878 | to indicators that are based on national standards and practice |
879 | patterns of clinical peers in their community, statewide, and |
880 | nationally; and determine deviations from best practice |
881 | guidelines. |
882 | (II) Implement processes for providing feedback to and |
883 | educating prescribers using best practice educational materials |
884 | and peer-to-peer consultation. |
885 | (III) Assess Medicaid recipients who are outliers in their |
886 | use of a single or multiple prescription drugs with regard to |
887 | the numbers and types of drugs taken, drug dosages, combination |
888 | drug therapies, and other indicators of improper use of |
889 | prescription drugs. |
890 | (IV) Alert prescribers to patients who fail to refill |
891 | prescriptions in a timely fashion, are prescribed multiple drugs |
892 | that may be redundant or contraindicated, or may have other |
893 | potential medication problems. |
894 | (V) Track spending trends for prescription drugs and |
895 | deviation from best practice guidelines. |
896 | (VI) Use educational and technological approaches to |
897 | promote best practices, educate consumers, and train prescribers |
898 | in the use of practice guidelines. |
899 | (VII) Disseminate electronic and published materials. |
900 | (VIII) Hold statewide and regional conferences. |
901 | (IX) Implement disease management programs in cooperation |
902 | with physicians and pharmacists, along with a model quality- |
903 | based medication component for individuals having chronic |
904 | medical conditions. |
905 | 12. The agency is authorized to contract for drug rebate |
906 | administration, including, but not limited to, calculating |
907 | rebate amounts, invoicing manufacturers, negotiating disputes |
908 | with manufacturers, and maintaining a database of rebate |
909 | collections. |
910 | 13. The agency may specify the preferred daily dosing form |
911 | or strength for the purpose of promoting best practices with |
912 | regard to the prescribing of certain drugs as specified in the |
913 | General Appropriations Act and ensuring cost-effective |
914 | prescribing practices. |
915 | 14. The agency may require prior authorization for |
916 | Medicaid-covered prescribed drugs. The agency may, but is not |
917 | required to, prior-authorize the use of a product: |
918 | a. For an indication not approved in labeling; |
919 | b. To comply with certain clinical guidelines; or |
920 | c. If the product has the potential for overuse, misuse, |
921 | or abuse. |
922 |
|
923 | The agency may require the prescribing professional to provide |
924 | information about the rationale and supporting medical evidence |
925 | for the use of a drug. The agency may post prior authorization |
926 | criteria and protocol and updates to the list of drugs that are |
927 | subject to prior authorization on an Internet website without |
928 | amending its rule or engaging in additional rulemaking. |
929 | 15. The agency, in conjunction with the Pharmaceutical and |
930 | Therapeutics Committee, may require age-related prior |
931 | authorizations for certain prescribed drugs. The agency may |
932 | preauthorize the use of a drug for a recipient who may not meet |
933 | the age requirement or may exceed the length of therapy for use |
934 | of this product as recommended by the manufacturer and approved |
935 | by the Food and Drug Administration. Prior authorization may |
936 | require the prescribing professional to provide information |
937 | about the rationale and supporting medical evidence for the use |
938 | of a drug. |
939 | 16. The agency shall implement a step-therapy prior |
940 | authorization approval process for medications excluded from the |
941 | preferred drug list. Medications listed on the preferred drug |
942 | list must be used within the previous 12 months prior to the |
943 | alternative medications that are not listed. The step-therapy |
944 | prior authorization may require the prescriber to use the |
945 | medications of a similar drug class or for a similar medical |
946 | indication unless contraindicated in the Food and Drug |
947 | Administration labeling. The trial period between the specified |
948 | steps may vary according to the medical indication. The step- |
949 | therapy approval process shall be developed in accordance with |
950 | the committee as stated in s. 409.91195(7) and (8). A drug |
951 | product may be approved without meeting the step-therapy prior |
952 | authorization criteria if the prescribing physician provides the |
953 | agency with additional written medical or clinical documentation |
954 | that the product is medically necessary because: |
955 | a. There is not a drug on the preferred drug list to treat |
956 | the disease or medical condition which is an acceptable clinical |
957 | alternative; |
958 | b. The alternatives have been ineffective in the treatment |
959 | of the beneficiary's disease; or |
960 | c. Based on historic evidence and known characteristics of |
961 | the patient and the drug, the drug is likely to be ineffective, |
962 | or the number of doses have been ineffective. |
963 |
|
964 | The agency shall work with the physician to determine the best |
965 | alternative for the patient. The agency may adopt rules waiving |
966 | the requirements for written clinical documentation for specific |
967 | drugs in limited clinical situations. |
968 | 17. The agency shall implement a return and reuse program |
969 | for drugs dispensed by pharmacies to institutional recipients, |
970 | which includes payment of a $5 restocking fee for the |
971 | implementation and operation of the program. The return and |
972 | reuse program shall be implemented electronically and in a |
973 | manner that promotes efficiency. The program must permit a |
974 | pharmacy to exclude drugs from the program if it is not |
975 | practical or cost-effective for the drug to be included and must |
976 | provide for the return to inventory of drugs that cannot be |
977 | credited or returned in a cost-effective manner. The agency |
978 | shall determine if the program has reduced the amount of |
979 | Medicaid prescription drugs which are destroyed on an annual |
980 | basis and if there are additional ways to ensure more |
981 | prescription drugs are not destroyed which could safely be |
982 | reused. The agency's conclusion and recommendations shall be |
983 | reported to the Legislature by December 1, 2005. |
984 | Section 11. Notwithstanding s. 430.707, Florida Statutes, |
985 | and subject to federal approval of the application to be a site |
986 | for the Program of All-inclusive Care for the Elderly, the |
987 | Agency for Health Care Administration shall contract with one |
988 | private health care organization, the sole member of which is a |
989 | private, not-for-profit corporation that owns and manages health |
990 | care organizations which provide comprehensive long-term care |
991 | services, including nursing home, assisted living, independent |
992 | housing, home care, adult day care, and care management, with a |
993 | board-certified, trained geriatrician as the medical director. |
994 | This organization shall provide these services to frail and |
995 | elderly persons who reside in Palm Beach County. The |
996 | organization shall be exempt from the requirements of chapter |
997 | 641, Florida Statutes. The agency, in consultation with the |
998 | Department of Elderly Affairs and subject to an appropriation, |
999 | shall approve up to 150 initial enrollees in the Program of All- |
1000 | inclusive Care for the Elderly established by this organization |
1001 | to serve elderly persons who reside in Palm Beach County. |
1002 | Section 12. This act shall take effect July 1, 2011. |
1003 |
|
1004 |
|
1005 | ----------------------------------------------------- |
1006 | T I T L E A M E N D M E N T |
1007 | Remove the entire title and insert: |
1008 | A bill to be entitled |
1009 | An act relating to Medicaid services; amending s. 409.904, |
1010 | F.S.; repealing the sunset of provisions authorizing the |
1011 | federal waiver for certain persons age 65 and older or who |
1012 | have a disability; repealing the sunset of provisions |
1013 | authorizing a specified medically needy program; |
1014 | eliminating the limit to services placed on the medically |
1015 | needy program for pregnant women and children younger than |
1016 | age 21; amending s. 409.906, F.S.; eliminating adult |
1017 | Medicaid optional coverage for chiropractic services; |
1018 | eliminating adult Medicaid optional coverage for hearing |
1019 | services; amending s. 409.908, F.S.; updating the formula |
1020 | used for calculating reimbursements to Medicaid providers |
1021 | for prescribed drugs; continuing the requirement that the |
1022 | Agency for Health Care Administration set certain |
1023 | institutional provider reimbursement rates in a manner |
1024 | that results in no automatic cost-based statewide |
1025 | expenditure increase; deleting an obsolete requirement to |
1026 | establish workgroups to evaluate alternate reimbursement |
1027 | and payment methods; eliminating the repeal date of the |
1028 | suspension of the use of cost data to set certain |
1029 | institutional provider reimbursement rates; amending s. |
1030 | 409.9082, F.S.; revising the allowed aggregated amount of |
1031 | assessments for all nursing home facilities to conform |
1032 | with federal law; amending s. 409.9083, F.S.; eliminating |
1033 | the repeal date of the quality assessment on privately |
1034 | operated intermediate care facilities for the |
1035 | developmentally disabled; amending s. 409.911, F.S.; |
1036 | updating the audited data specified for use in calculating |
1037 | disproportionate share; amending s. 409.9112, F.S.; |
1038 | continuing the prohibition against distributing moneys |
1039 | under the perinatal intensive care centers |
1040 | disproportionate share program; amending s. 409.9113, |
1041 | F.S.; continuing authorization for the distribution of |
1042 | moneys to certain teaching hospitals under the |
1043 | disproportionate share program; amending s. 409.9117, |
1044 | F.S.; continuing the prohibition against distributing |
1045 | moneys under the primary care disproportionate share |
1046 | program; amending s. 409.912, F.S.; allowing the agency to |
1047 | continue to contract for electronic access to certain |
1048 | pharmacology drug information; eliminating the requirement |
1049 | to implement a wireless handheld clinical pharmacology |
1050 | drug information database for practitioners; updating the |
1051 | formula used for calculating reimbursement to Medicaid |
1052 | providers for prescribed drugs; authorizing the agency to |
1053 | seek federal approval and to issue a procurement in order |
1054 | to implement a home delivery of pharmacy products program; |
1055 | establishing the provisions for the procurement and the |
1056 | program; eliminating the requirement for the expansion of |
1057 | the mail-order-pharmacy diabetes-supply program; |
1058 | eliminating certain provisions of the Medicaid |
1059 | prescription drug management program; authorizing the |
1060 | agency to contract with an organization to provide certain |
1061 | benefits under a federal program in Palm Beach County; |
1062 | providing an exemption from ch. 641, F.S., for the |
1063 | organization; authorizing, subject to appropriation, |
1064 | enrollment slots for the Program of All-inclusive Care for |
1065 | the Elderly in Palm Beach County; providing an effective |
1066 | date. |