Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/HB 7109, 2nd Eng. Barcode 686708 LEGISLATIVE ACTION Senate . House . . . Floor: WD/3R . 05/06/2011 11:11 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment to Amendment (351842) (with directory 2 amendment) 3 4 Delete lines 466 - 512 5 and insert: 6 (c) The agency shall adjust a hospital’s current inpatient 7 per diem rate to reflect the cost of serving the Medicaid 8 population at that institution if: 9 1. The hospital experiences an increase in Medicaid 10 caseload by more than 25 percent in any year, primarily 11 resulting from the closure of a hospital in the same service 12 area occurring after July 1, 1995; 13 2. The hospital’s Medicaid per diem rate is at least 25 14 percent below the Medicaid per patient cost for that year; or 15 3. The hospital is located in a county that has six or 16 fewer general acute care hospitals, began offering obstetrical 17 services on or after September 1999, and has submitted a request 18 in writing to the agency for a rate adjustment after July 1, 19 2000, but before September 30, 2000, in which case such 20 hospital’s Medicaid inpatient per diem rate shall be adjusted to 21 cost, effective July 1, 2002. 22 23 By October 1 of each year, the agency must provide estimated 24 costs for any adjustment in a hospital inpatient per diem rate 25 to the Executive Office of the Governor, the House of 26 Representatives General Appropriations Committee, and the Senate 27 Appropriations Committee. Before the agency implements a change 28 in a hospital’s inpatient per diem rate pursuant to this 29 paragraph, the Legislature must have specifically appropriated 30 sufficient funds in the General Appropriations Act to support 31 the increase in cost as estimated by the agency. This paragraph 32 expires June 30, 2012. 33 (d) Effective July 1, 2012, the agency shall implement a 34 methodology for establishing base reimbursement rates for each 35 hospital based on allowable costs, as defined by the agency. 36 Rates shall be calculated annually and take effect July 1 of 37 each year based on the most recent complete and accurate cost 38 report submitted by each hospital. Adjustments may not be made 39 to the rates after September 30 of the state fiscal year in 40 which the rate takes effect. Errors in cost reporting or 41 calculation of rates discovered after September 30 must be 42 reconciled in a subsequent rate period. The agency may not make 43 any adjustment to a hospital’s reimbursement rate more than 5 44 years after a hospital is notified of an audited rate 45 established by the agency. The requirement that the agency may 46 not make any adjustment to a hospital’s reimbursement rate more 47 than 5 years after a hospital is notified of an audited rate 48 established by the agency is remedial and applies to actions by 49 providers involving Medicaid claims for hospital services. 50 Hospital rates shall be subject to such limits or ceilings as 51 may be established in law or described in the agency’s hospital 52 reimbursement plan. Specific exemptions to the limits or 53 ceilings may be provided in the General Appropriations Act. 54 (h) The agency shall develop a plan to convert inpatient 55 56 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 57 And the directory clause is amended as follows: 58 Delete lines 355 - 357 59 and insert: 60 Section 9. Subsections (2) and (4) and paragraph (c) of 61 subsection (5) of section 409.905, Florida Statutes, are 62 amended, present paragraphs (d) through (f) are redesignated as 63 paragraphs (e) through (g) respectively, and new paragraphs (d) 64 and (g) are added to subsection (5), to read: 65