Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. HB 5301
       
       
       
       
       
       
                                Barcode 872092                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .                                
             03/09/2012 10:20 PM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 381.79, Florida
    6  Statutes, is amended to read:
    7         381.79 Brain and Spinal Cord Injury Program Trust Fund.—
    8         (3) Annually, 5 percent of the revenues deposited monthly
    9  into in the fund pursuant to s. 318.21(2)(d) shall be
   10  appropriated to the University of Florida and 5 percent to the
   11  University of Miami for spinal cord injury and brain injury
   12  research. The amount to be distributed to the universities shall
   13  be calculated based on the deposits into the fund for each
   14  quarter in the fiscal year, but may not exceed $750,000 $500,000
   15  per university per year. Funds distributed under this subsection
   16  shall be made in quarterly payments at the end of each quarter
   17  during the fiscal year.
   18         Section 2. Section 383.15, Florida Statutes, is amended to
   19  read:
   20         383.15 Legislative intent; perinatal intensive care
   21  services.—The Legislature finds and declares that many perinatal
   22  diseases and disabilities have debilitating, costly, and often
   23  fatal consequences if left untreated. Many of these debilitating
   24  conditions could be prevented or ameliorated if services were
   25  available to the public through a regional perinatal intensive
   26  care centers program. Perinatal intensive care services are
   27  critical to the well-being and development of a healthy society
   28  and represent a constructive, cost-beneficial, and essential
   29  investment in the future of our state. Therefore, it is the
   30  intent of the Legislature to develop a regional perinatal
   31  intensive care centers program. The Legislature further intends
   32  that development of such a regional perinatal intensive care
   33  centers program shall not reduce or dilute the current financial
   34  commitment of the state, as indicated through appropriation, to
   35  the existing regional perinatal intensive care centers. It is
   36  also the intent of the Legislature that any additional centers
   37  regional perinatal intensive care center authorized under s.
   38  383.19 after July 1, 1993, shall not receive payments under a
   39  disproportionate share program for regional perinatal intensive
   40  care centers authorized under chapter 409 s. 409.9112 unless
   41  specific appropriations are provided to expand such payments to
   42  additional hospitals.
   43         Section 3. Paragraph (b) of subsection (6) of section
   44  409.8132, Florida Statutes, is amended to read:
   45         409.8132 Medikids program component.—
   46         (6) ELIGIBILITY.—
   47         (b) The provisions of s. 409.814 apply 409.814(3), (4),
   48  (5), and (6) shall be applicable to the Medikids program.
   49         Section 4. Section 409.814, Florida Statutes, is amended to
   50  read:
   51         409.814 Eligibility.—A child who has not reached 19 years
   52  of age whose family income is equal to or below 200 percent of
   53  the federal poverty level is eligible for the Florida Kidcare
   54  program as provided in this section. For enrollment in the
   55  Children’s Medical Services Network, a complete application
   56  includes the medical or behavioral health screening. If,
   57  subsequently, an enrolled individual is determined to be
   58  ineligible for coverage, he or she must be immediately be
   59  disenrolled from the respective Florida Kidcare program
   60  component.
   61         (1) A child who is eligible for Medicaid coverage under s.
   62  409.903 or s. 409.904 must be enrolled in Medicaid and is not
   63  eligible to receive health benefits under any other health
   64  benefits coverage authorized under the Florida Kidcare program.
   65         (2) A child who is not eligible for Medicaid, but who is
   66  eligible for the Florida Kidcare program, may obtain health
   67  benefits coverage under any of the other components listed in s.
   68  409.813 if such coverage is approved and available in the county
   69  in which the child resides.
   70         (3) A Title XXI-funded child who is eligible for the
   71  Florida Kidcare program who is a child with special health care
   72  needs, as determined through a medical or behavioral screening
   73  instrument, is eligible for health benefits coverage from and
   74  shall be assigned to and may opt out of the Children’s Medical
   75  Services Network.
   76         (4) The following children are not eligible to receive
   77  Title XXI-funded premium assistance for health benefits coverage
   78  under the Florida Kidcare program, except under Medicaid if the
   79  child would have been eligible for Medicaid under s. 409.903 or
   80  s. 409.904 as of June 1, 1997:
   81         (a) A child who is eligible for coverage under a state
   82  health benefit plan on the basis of a family member’s employment
   83  with a public agency in the state.
   84         (a)(b) A child who is covered under a family member’s group
   85  health benefit plan or under other private or employer health
   86  insurance coverage, if the cost of the child’s participation is
   87  not greater than 5 percent of the family’s income. If a child is
   88  otherwise eligible for a subsidy under the Florida Kidcare
   89  program and the cost of the child’s participation in the family
   90  member’s health insurance benefit plan is greater than 5 percent
   91  of the family’s income, the child may enroll in the appropriate
   92  subsidized Kidcare program.
   93         (b)(c) A child who is seeking premium assistance for the
   94  Florida Kidcare program through employer-sponsored group
   95  coverage, if the child has been covered by the same employer’s
   96  group coverage during the 60 days before the family submitted
   97  prior to the family’s submitting an application for
   98  determination of eligibility under the program.
   99         (c)(d) A child who is an alien, but who does not meet the
  100  definition of qualified alien, in the United States.
  101         (d)(e) A child who is an inmate of a public institution or
  102  a patient in an institution for mental diseases.
  103         (e)(f) A child who is otherwise eligible for premium
  104  assistance for the Florida Kidcare program and has had his or
  105  her coverage in an employer-sponsored or private health benefit
  106  plan voluntarily canceled in the last 60 days, except those
  107  children whose coverage was voluntarily canceled for good cause,
  108  including, but not limited to, the following circumstances:
  109         1. The cost of participation in an employer-sponsored
  110  health benefit plan is greater than 5 percent of the family’s
  111  income;
  112         2. The parent lost a job that provided an employer
  113  sponsored health benefit plan for children;
  114         3. The parent who had health benefits coverage for the
  115  child is deceased;
  116         4. The child has a medical condition that, without medical
  117  care, would cause serious disability, loss of function, or
  118  death;
  119         5. The employer of the parent canceled health benefits
  120  coverage for children;
  121         6. The child’s health benefits coverage ended because the
  122  child reached the maximum lifetime coverage amount;
  123         7. The child has exhausted coverage under a COBRA
  124  continuation provision;
  125         8. The health benefits coverage does not cover the child’s
  126  health care needs; or
  127         9. Domestic violence led to loss of coverage.
  128         (5) A child who is otherwise eligible for the Florida
  129  Kidcare program and who has a preexisting condition that
  130  prevents coverage under another insurance plan as described in
  131  paragraph (4)(a) (4)(b) which would have disqualified the child
  132  for the Florida Kidcare program if the child were able to enroll
  133  in the plan is shall be eligible for Florida Kidcare coverage
  134  when enrollment is possible.
  135         (6) A child whose family income is above 200 percent of the
  136  federal poverty level or a child who is excluded under the
  137  provisions of subsection (4) may participate in the Florida
  138  Kidcare program as provided in s. 409.8132 or, if the child is
  139  ineligible for Medikids by reason of age, in the Florida Healthy
  140  Kids program, subject to the following provisions:
  141         (a) The family is not eligible for premium assistance
  142  payments and must pay the full cost of the premium, including
  143  any administrative costs.
  144         (b) The board of directors of the Florida Healthy Kids
  145  Corporation may offer a reduced benefit package to these
  146  children in order to limit program costs for such families.
  147         (7) Once a child is enrolled in the Florida Kidcare
  148  program, the child is eligible for coverage under the program
  149  for 12 months without a redetermination or reverification of
  150  eligibility, if the family continues to pay the applicable
  151  premium. Eligibility for program components funded through Title
  152  XXI of the Social Security Act terminates shall terminate when a
  153  child attains the age of 19. A child who has not attained the
  154  age of 5 and who has been determined eligible for the Medicaid
  155  program is eligible for coverage for 12 months without a
  156  redetermination or reverification of eligibility.
  157         (8) When determining or reviewing a child’s eligibility
  158  under the Florida Kidcare program, the applicant shall be
  159  provided with reasonable notice of changes in eligibility which
  160  may affect enrollment in one or more of the program components.
  161  If When a transition from one program component to another is
  162  authorized, there shall be cooperation between the program
  163  components and the affected family which promotes continuity of
  164  health care coverage. Any authorized transfers must be managed
  165  within the program’s overall appropriated or authorized levels
  166  of funding. Each component of the program shall establish a
  167  reserve to ensure that transfers between components will be
  168  accomplished within current year appropriations. These reserves
  169  shall be reviewed by each convening of the Social Services
  170  Estimating Conference to determine the adequacy of such reserves
  171  to meet actual experience.
  172         (9) In determining the eligibility of a child, an assets
  173  test is not required. Each applicant shall provide documentation
  174  during the application process and the redetermination process,
  175  including, but not limited to, the following:
  176         (a) Each applicant’s Proof of family income, which must
  177  shall be verified electronically to determine financial
  178  eligibility for the Florida Kidcare program. Written
  179  documentation, which may include wages and earnings statements
  180  or pay stubs, W-2 forms, or a copy of the applicant’s most
  181  recent federal income tax return, is shall be required only if
  182  the electronic verification is not available or does not
  183  substantiate the applicant’s income.
  184         (b) Each applicant shall provide A statement from all
  185  applicable, employed family members that:
  186         1. Their employers do not sponsor health benefit plans for
  187  employees;
  188         2. The potential enrollee is not covered by an employer
  189  sponsored health benefit plan; or
  190         3. The potential enrollee is covered by an employer
  191  sponsored health benefit plan and the cost of the employer
  192  sponsored health benefit plan is more than 5 percent of the
  193  family’s income.
  194         (c) To enroll in the Children’s Medical Services Network, a
  195  completed application, including a clinical screening.
  196         (10) Subject to paragraph (4)(a) (4)(b), the Florida
  197  Kidcare program shall withhold benefits from an enrollee if the
  198  program obtains evidence that the enrollee is no longer
  199  eligible, submitted incorrect or fraudulent information in order
  200  to establish eligibility, or failed to provide verification of
  201  eligibility. The applicant or enrollee shall be notified that
  202  because of such evidence program benefits will be withheld
  203  unless the applicant or enrollee contacts a designated
  204  representative of the program by a specified date, which must be
  205  within 10 working days after the date of notice, to discuss and
  206  resolve the matter. The program shall make every effort to
  207  resolve the matter within a timeframe that will not cause
  208  benefits to be withheld from an eligible enrollee.
  209         (11) The following individuals may be subject to
  210  prosecution in accordance with s. 414.39:
  211         (a) An applicant obtaining or attempting to obtain benefits
  212  for a potential enrollee under the Florida Kidcare program if
  213  when the applicant knows or should have known that the potential
  214  enrollee does not qualify for the Florida Kidcare program.
  215         (b) An individual who assists an applicant in obtaining or
  216  attempting to obtain benefits for a potential enrollee under the
  217  Florida Kidcare program if when the individual knows or should
  218  have known that the potential enrollee does not qualify for the
  219  Florida Kidcare program.
  220         Section 5. Section 409.902, Florida Statutes, is amended to
  221  read:
  222         409.902 Designated single state agency; eligibility
  223  determinations payment requirements; program title; release of
  224  medical records.—
  225         (1) The Agency for Health Care Administration is designated
  226  as the single state agency authorized to make payments for
  227  medical assistance and related services under Title XIX of the
  228  Social Security Act. These payments shall be made, subject to
  229  any limitations or directions provided for in the General
  230  Appropriations Act, only for services included in the program,
  231  shall be made only on behalf of eligible individuals, and shall
  232  be made only to qualified providers in accordance with federal
  233  requirements for Title XIX of the Social Security Act and the
  234  provisions of state law. This program of medical assistance is
  235  designated the “Medicaid program.”
  236         (2) The Department of Children and Family Services is
  237  responsible for determining Medicaid eligibility determinations,
  238  including, but not limited to, policy, rules, and the agreement
  239  with the Social Security Administration for Medicaid eligibility
  240  determinations for Supplemental Security Income recipients, as
  241  well as the actual determination of eligibility. As a condition
  242  of Medicaid eligibility, subject to federal approval, the agency
  243  for Health Care Administration and the department must of
  244  Children and Family Services shall ensure that each recipient of
  245  Medicaid consents to the release of her or his medical records
  246  to the agency for Health Care Administration and the Medicaid
  247  Fraud Control Unit of the Department of Legal Affairs.
  248         (3)(2) Eligibility is restricted to United States citizens
  249  and to lawfully admitted noncitizens who meet the criteria
  250  provided in s. 414.095(3).
  251         (a) Citizenship or immigration status must be verified. For
  252  noncitizens, this includes verification of the validity of
  253  documents with the United States Citizenship and Immigration
  254  Services using the federal SAVE verification process.
  255         (b) State funds may not be used to provide medical services
  256  to individuals who do not meet the requirements of this
  257  subsection unless the services are necessary to treat an
  258  emergency medical condition or are for pregnant women. Such
  259  services are authorized only to the extent provided under
  260  federal law and in accordance with federal regulations as
  261  provided in 42 C.F.R. s. 440.255.
  262         (4) To the extent funds are appropriated, the department
  263  shall collaborate with the agency to develop an Internet-based
  264  system for determining eligibility for the Medicaid and Kidcare
  265  programs which complies with all applicable federal and state
  266  laws and requirements.
  267         (a) The system must accomplish the following primary
  268  business objectives:
  269         1. Provide individuals and families with a single access
  270  point to information that explains benefits, premiums, and cost
  271  sharing available through Medicaid, Kidcare, or any other state
  272  or federal health insurance exchange.
  273         2. Enable timely, accurate, and efficient enrollment of
  274  eligible persons into available assistance programs.
  275         3. Prevent eligibility fraud.
  276         4. Allow for detailed financial analysis of eligibility
  277  based cost drivers.
  278         (b) The system must include, but need not be limited to,
  279  the following business and functional requirements:
  280         1. Allowing for the completion and submission of an online
  281  application for determining eligibility which accepts the use of
  282  electronic signatures.
  283         2.Including a process that enables automatic enrollment of
  284  qualified individuals into Medicaid, Kidcare, or any other state
  285  or federal exchange that offers cost-sharing benefits for the
  286  purchase of health insurance.
  287         3.Allowing for the determination of Medicaid eligibility
  288  based on modified adjusted gross income by using information
  289  submitted in the application and information accessed and
  290  verified through automated and secure interfaces with authorized
  291  databases.
  292         4.Including the ability to determine specific categories
  293  of Medicaid eligibility and interface with the Florida Medicaid
  294  Management Information System to support such determination,
  295  using federally approved assessment methodologies, of state and
  296  federal financial participation rates for persons in each
  297  eligibility category.
  298         5.Allowing for the accurate and timely processing of
  299  eligibility claims and adjudications.
  300         6.Aligning with and incorporating all applicable state and
  301  federal laws, requirements, and standards, including the
  302  information technology security requirements established under
  303  s. 282.318 and the accessibility standards established under
  304  part II of chapter 282.
  305         7.Producing transaction data, reports, and performance
  306  information that contributes to an evaluation of the program,
  307  continuous improvement in business operations, and increased
  308  transparency and accountability.
  309         (c)The department shall develop the system subject to
  310  approval by the Legislative Budget Commission and as required by
  311  the General Appropriations Act for the 2012-2013 fiscal year.
  312         (d)The system must be completed by October 1, 2013, and
  313  ready for implementation by January 1, 2014.
  314         (e)The department shall implement the following project
  315  governance structure until the system is implemented:
  316         1.The director of the department’s Economic Self
  317  Sufficiency Services Program Office shall have overall
  318  responsibility for the project.
  319         2.The project shall be governed by an executive steering
  320  committee composed of three department staff members appointed
  321  by the Secretary of Children and Family Services; three agency
  322  staff members, including at least two state Medicaid program
  323  staff members, appointed by the Secretary of Health Care
  324  Administration; and one staff member from Children’s Medical
  325  Services within the Department of Health appointed by the
  326  Surgeon General.
  327         3.The executive steering committee shall have overall
  328  responsibility for ensuring that the project meets its primary
  329  business objectives and shall:
  330         a.Provide management direction and support to the project
  331  management team.
  332         b.Review and approve any changes to the project’s scope,
  333  schedule, and budget.
  334         c.Review, approve, and determine whether to proceed with
  335  any major deliverable project.
  336         d.Recommend suspension or termination of the project to
  337  the Governor, the President of the Senate, and the Speaker of
  338  the House of Representatives if the committee determines that
  339  the primary business objectives cannot be achieved.
  340         4.A project management team shall be appointed by and work
  341  under the direction of the executive steering committee. The
  342  project management team shall:
  343         a.Provide planning, management, and oversight of the
  344  project.
  345         b.Submit an operational work plan and provide quarterly
  346  updates to the plan to the executive steering committee. The
  347  plan must specify project milestones, deliverables, and
  348  expenditures.
  349         c.Submit written monthly project status reports to the
  350  executive steering committee.
  351         Section 6. Subsection (5) of section 409.905, Florida
  352  Statutes, is amended to read:
  353         409.905 Mandatory Medicaid services.—The agency may make
  354  payments for the following services, which are required of the
  355  state by Title XIX of the Social Security Act, furnished by
  356  Medicaid providers to recipients who are determined to be
  357  eligible on the dates on which the services were provided. Any
  358  service under this section shall be provided only when medically
  359  necessary and in accordance with state and federal law.
  360  Mandatory services rendered by providers in mobile units to
  361  Medicaid recipients may be restricted by the agency. Nothing in
  362  this section shall be construed to prevent or limit the agency
  363  from adjusting fees, reimbursement rates, lengths of stay,
  364  number of visits, number of services, or any other adjustments
  365  necessary to comply with the availability of moneys and any
  366  limitations or directions provided for in the General
  367  Appropriations Act or chapter 216.
  368         (5) HOSPITAL INPATIENT SERVICES.—The agency shall pay for
  369  all covered services provided for the medical care and treatment
  370  of a Medicaid recipient who is admitted as an inpatient by a
  371  licensed physician or dentist to a hospital licensed under part
  372  I of chapter 395. However, the agency shall limit the payment
  373  for inpatient hospital services for a nonpregnant Medicaid
  374  recipient 21 years of age or older to 45 days per fiscal year or
  375  the number of days necessary to comply with the General
  376  Appropriations Act. Effective August 1, 2012, the agency shall
  377  limit payment for hospital emergency department visits for a
  378  nonpregnant recipient 21 years of age or older to six visits per
  379  fiscal year.
  380         (a) The agency may is authorized to implement reimbursement
  381  and utilization management reforms in order to comply with any
  382  limitations or directions in the General Appropriations Act,
  383  which may include, but are not limited to: prior authorization
  384  for inpatient psychiatric days; prior authorization for
  385  nonemergency hospital inpatient admissions for individuals 21
  386  years of age and older; authorization of emergency and urgent
  387  care admissions within 24 hours after admission; enhanced
  388  utilization and concurrent review programs for highly utilized
  389  services; reduction or elimination of covered days of service;
  390  adjusting reimbursement ceilings for variable costs; adjusting
  391  reimbursement ceilings for fixed and property costs; and
  392  implementing target rates of increase. The agency may limit
  393  prior authorization for hospital inpatient services to selected
  394  diagnosis-related groups, based on an analysis of the cost and
  395  potential for unnecessary hospitalizations represented by
  396  certain diagnoses. Admissions for normal delivery and newborns
  397  are exempt from requirements for prior authorization
  398  requirements. In implementing the provisions of this section
  399  related to prior authorization, the agency must shall ensure
  400  that the process for authorization is accessible 24 hours per
  401  day, 7 days per week and authorization is automatically granted
  402  if when not denied within 4 hours after the request.
  403  Authorization procedures must include steps for the review of
  404  denials. Upon implementing the prior authorization program for
  405  hospital inpatient services, the agency shall discontinue its
  406  hospital retrospective review program.
  407         (b) A licensed hospital maintained primarily for the care
  408  and treatment of patients having mental disorders or mental
  409  diseases is not eligible to participate in the hospital
  410  inpatient portion of the Medicaid program except as provided
  411  under in federal law. However, the department shall apply for a
  412  waiver, within 9 months after June 5, 1991, designed to provide
  413  hospitalization services for mental health reasons to children
  414  and adults in the most cost-effective and lowest cost setting
  415  possible. Such waiver must shall include a request for the
  416  opportunity to pay for care in hospitals known under federal law
  417  as “institutions for mental disease” or “IMD’s.” The waiver
  418  proposal may not shall propose no additional aggregate cost to
  419  the state or Federal Government, and shall be conducted in
  420  Hillsborough County, Highlands County, Hardee County, Manatee
  421  County, and Polk County. The waiver proposal may incorporate
  422  competitive bidding for hospital services, comprehensive
  423  brokering, prepaid capitated arrangements, or other mechanisms
  424  deemed by the department to show promise in reducing the cost of
  425  acute care and increasing the effectiveness of preventive care.
  426  When developing the waiver proposal, the department shall take
  427  into account price, quality, accessibility, linkages of the
  428  hospital to community services and family support programs,
  429  plans of the hospital to ensure the earliest discharge possible,
  430  and the comprehensiveness of the mental health and other health
  431  care services offered by participating providers.
  432         (c) The agency shall implement a methodology for
  433  establishing base reimbursement rates for each hospital based on
  434  allowable costs, as defined by the agency. Rates shall be
  435  calculated annually and take effect July 1 of each year based on
  436  the most recent complete and accurate cost report submitted by
  437  each hospital. Adjustments may not be made to the rates after
  438  September 30 of the state fiscal year in which the rate takes
  439  effect, except that the agency may request that adjustments be
  440  approved by the Legislative Budget Commission when needed due to
  441  insufficient commitments or collections of intergovernmental
  442  transfers under s. 409.908(1) or s. 409.908(4). Errors in cost
  443  reporting or calculation of rates discovered after September 30
  444  must be reconciled in a subsequent rate period. The agency may
  445  not make any adjustment to a hospital’s reimbursement rate more
  446  than 5 years after a hospital is notified of an audited rate
  447  established by the agency. The prohibition against requirement
  448  that the agency making may not make any adjustment to a
  449  hospital’s reimbursement rate more than 5 years after a hospital
  450  is notified of an audited rate established by the agency is
  451  remedial and applies shall apply to actions by providers
  452  involving Medicaid claims for hospital services. Hospital rates
  453  shall be subject to such limits or ceilings as may be
  454  established in law or described in the agency’s hospital
  455  reimbursement plan. Specific exemptions to the limits or
  456  ceilings may be provided in the General Appropriations Act.
  457         (d) The agency shall implement a comprehensive utilization
  458  management program for hospital neonatal intensive care stays in
  459  certain high-volume participating hospitals, select counties, or
  460  statewide, and replace existing hospital inpatient utilization
  461  management programs for neonatal intensive care admissions. The
  462  program shall be designed to manage the lengths of stay for
  463  children being treated in neonatal intensive care units and must
  464  seek the earliest medically appropriate discharge to the child’s
  465  home or other less costly treatment setting. The agency may
  466  competitively bid a contract for the selection of a qualified
  467  organization to provide neonatal intensive care utilization
  468  management services. The agency may seek federal waivers to
  469  implement this initiative.
  470         (e) The agency may develop and implement a program to
  471  reduce the number of hospital readmissions among the non
  472  Medicare population eligible in areas 9, 10, and 11.
  473         (f) The agency shall develop a plan to convert Medicaid
  474  inpatient hospital rates to a prospective payment system that
  475  categorizes each case into diagnosis-related groups (DRG) and
  476  assigns a payment weight based on the average resources used to
  477  treat Medicaid patients in that DRG. To the extent possible, the
  478  agency shall propose an adaptation of an existing prospective
  479  payment system, such as the one used by Medicare, and shall
  480  propose such adjustments as are necessary for the Medicaid
  481  population and to maintain budget neutrality for inpatient
  482  hospital expenditures.
  483         1. The plan must:
  484         a. Define and describe DRGs for inpatient hospital care
  485  specific to Medicaid in this state;
  486         b. Develop the use of resources needed for each DRG;
  487         c. Apply current statewide levels of funding to DRGs based
  488  on the associated resource value of DRGs. Current statewide
  489  funding levels shall be calculated both with and without the use
  490  of intergovernmental transfers;
  491         d. Calculate the current number of services provided in the
  492  Medicaid program based on DRGs defined under this subparagraph;
  493         e. Estimate the number of cases in each DRG for future
  494  years based on agency data and the official workload estimates
  495  of the Social Services Estimating Conference;
  496         f. Estimate potential funding for each hospital with a
  497  Medicaid provider agreement, based on the DRGs and estimated
  498  workload;
  499         g. Propose supplemental DRG payments to augment hospital
  500  reimbursements based on patient acuity and individual hospital
  501  characteristics, including classification as a children’s
  502  hospital, rural hospital, trauma center, burn unit, and other
  503  characteristics that could warrant higher reimbursements; and
  504         h. Estimate potential funding for each hospital with a
  505  Medicaid provider agreement for DRGs defined pursuant to this
  506  subparagraph and supplemental DRG payments using current funding
  507  levels, calculated both with and without the use of
  508  intergovernmental transfers.
  509         2. The agency, through a competitive procurement pursuant
  510  to chapter 287, shall engage a consultant with expertise and
  511  experience in the implementation of DRG systems for hospital
  512  reimbursement to develop the DRG plan under subparagraph 1.
  513         3. The agency shall submit the Medicaid DRG plan,
  514  identifying all steps necessary for the transition and any costs
  515  associated with plan implementation, to the Governor, the
  516  President of the Senate, and the Speaker of the House of
  517  Representatives no later than December 1, 2012 January 1, 2013.
  518  Upon receiving legislative authorization, the agency shall begin
  519  making the necessary changes to fiscal agent coding by June 1,
  520  2013, with a target date of November 1, 2013, for full
  521  implementation of the DRG system of hospital reimbursement. If,
  522  during implementation of this paragraph, the agency determines
  523  that these timeframes might not be achievable, the agency shall
  524  report to the Legislative Budget Commission the status of its
  525  implementation efforts, the reasons the timeframes might not be
  526  achievable, and proposals for new timeframes.
  527         Section 7. Paragraph (c) of subsection (1) of section
  528  409.908, Florida Statutes, is amended, paragraph (e) is added to
  529  that subsection, and subsections (4) and (21) of that section
  530  are amended, to read:
  531         409.908 Reimbursement of Medicaid providers.—Subject to
  532  specific appropriations, the agency shall reimburse Medicaid
  533  providers, in accordance with state and federal law, according
  534  to methodologies set forth in the rules of the agency and in
  535  policy manuals and handbooks incorporated by reference therein.
  536  These methodologies may include fee schedules, reimbursement
  537  methods based on cost reporting, negotiated fees, competitive
  538  bidding pursuant to s. 287.057, and other mechanisms the agency
  539  considers efficient and effective for purchasing services or
  540  goods on behalf of recipients. If a provider is reimbursed based
  541  on cost reporting and submits a cost report late and that cost
  542  report would have been used to set a lower reimbursement rate
  543  for a rate semester, then the provider’s rate for that semester
  544  shall be retroactively calculated using the new cost report, and
  545  full payment at the recalculated rate shall be effected
  546  retroactively. Medicare-granted extensions for filing cost
  547  reports, if applicable, shall also apply to Medicaid cost
  548  reports. Payment for Medicaid compensable services made on
  549  behalf of Medicaid eligible persons is subject to the
  550  availability of moneys and any limitations or directions
  551  provided for in the General Appropriations Act or chapter 216.
  552  Further, nothing in this section shall be construed to prevent
  553  or limit the agency from adjusting fees, reimbursement rates,
  554  lengths of stay, number of visits, or number of services, or
  555  making any other adjustments necessary to comply with the
  556  availability of moneys and any limitations or directions
  557  provided for in the General Appropriations Act, provided the
  558  adjustment is consistent with legislative intent.
  559         (1) Reimbursement to hospitals licensed under part I of
  560  chapter 395 must be made prospectively or on the basis of
  561  negotiation.
  562         (c) Hospitals that provide services to a disproportionate
  563  share of low-income Medicaid recipients, or that participate in
  564  the regional perinatal intensive care center program under
  565  chapter 383, or that participate in the statutory teaching
  566  hospital disproportionate share program may receive additional
  567  reimbursement. The total amount of payment for disproportionate
  568  share hospitals shall be fixed by the General Appropriations
  569  Act. The computation of these payments must be made in
  570  compliance with all federal regulations and the methodologies
  571  described in ss. 409.911, 409.9112, and 409.9113.
  572         (e) The agency may accept voluntary intergovernmental
  573  transfers of local taxes and other qualified revenue from
  574  counties, municipalities, or special taxing districts under
  575  paragraphs (a) and (b) or the General Appropriations Act for the
  576  purpose of funding the costs of special Medicaid payments to
  577  hospitals, the costs of exempting hospitals from reimbursement
  578  ceilings, or the costs of buying back hospital Medicaid trend
  579  adjustments authorized under the General Appropriations Act,
  580  except that the use of these intergovernmental transfers for
  581  fee-for-service payments to hospitals is limited to the
  582  proportionate use of such funds accepted by the agency under
  583  subsection (4). As used in this paragraph, the term
  584  “proportionate use” means that the use of intergovernmental
  585  transfer funds under this subsection must be in the same
  586  proportion to the use of such funds under subsection (4)
  587  relative to the need for funding hospital costs under each
  588  subsection.
  589         (4) Subject to any limitations or directions provided for
  590  in the General Appropriations Act, alternative health plans,
  591  health maintenance organizations, and prepaid health plans,
  592  including health maintenance organizations, prepaid provider
  593  service networks, and other capitated managed care plans, shall
  594  be reimbursed a fixed, prepaid amount negotiated, or
  595  competitively bid pursuant to s. 287.057, by the agency and
  596  prospectively paid to the provider monthly for each Medicaid
  597  recipient enrolled. The amount may not exceed the average amount
  598  the agency determines it would have paid, based on claims
  599  experience, for recipients in the same or similar category of
  600  eligibility. The agency shall calculate capitation rates on a
  601  regional basis and, beginning September 1, 1995, shall include
  602  age-band differentials in such calculations.
  603         (a) Effective September 1, 2012:
  604         1. The costs of special Medicaid payments to hospitals, the
  605  costs of exempting hospitals from reimbursement ceilings, and
  606  the costs of buying back hospital Medicaid trend adjustments
  607  authorized under the General Appropriations Act, which are
  608  funded through intergovernmental transfers, may not be included
  609  as inpatient or outpatient costs in the calculation of prepaid
  610  health plan capitations under this part. This provision must be
  611  construed so that inpatient hospital costs included in the
  612  calculation of prepaid health plan capitations are identical to
  613  those represented by county billing rates under s. 409.915.
  614         2. Prepaid health plans may not reimburse hospitals for the
  615  costs described in subparagraph 1., except that plans may
  616  contract with hospitals to pay inpatient per diems that are
  617  between 95 percent and 105 percent of the county billing rate.
  618  Hospitals and prepaid health plans may negotiate mutually
  619  acceptable higher rates for medically complex care.
  620         (b)Notwithstanding paragraph (a):
  621         1. In order to fund the inclusion of costs described in
  622  paragraph (a) in the calculation of capitations paid to prepaid
  623  health plans, the agency may accept voluntary intergovernmental
  624  transfers of local taxes and other qualified revenue from
  625  counties, municipalities, or special taxing districts. After
  626  securing commitments from counties, municipalities, or special
  627  taxing districts to contribute intergovernmental transfers for
  628  that purpose, the agency shall develop capitation payments for
  629  prepaid health plans which include the costs described in
  630  paragraph (a) if those components of the capitation are funded
  631  through intergovernmental transfers and not with general
  632  revenue. The rate-setting methodology must preserve federal
  633  matching funds for the intergovernmental transfers collected
  634  under this paragraph and result in actuarially sound rates. The
  635  agency has the discretion to perform this function using
  636  supplemental capitation payments.
  637         2. The amounts included in a prepaid health plan’s
  638  capitations or supplemental capitations under this paragraph for
  639  funding the costs described in paragraph (a) must be used
  640  exclusively by the prepaid health plan to enhance hospital
  641  payments and be calculated by the agency as accurately as
  642  possible to equal the costs described in paragraph (a) which the
  643  prepaid health plan actually incurs and for which
  644  intergovernmental transfers have been secured.
  645         (21) The agency shall reimburse school districts that which
  646  certify the state match pursuant to ss. 409.9071 and 1011.70 for
  647  the federal portion of the school district’s allowable costs to
  648  deliver the services, based on the reimbursement schedule. The
  649  school district shall determine the costs for delivering
  650  services as authorized in ss. 409.9071 and 1011.70 for which the
  651  state match will be certified.
  652         (a) School districts participating in the certified school
  653  match program pursuant to this subsection and s. 1011.70 shall
  654  be reimbursed by Medicaid, subject to the limitations of s.
  655  1011.70(1), for a Medicaid-eligible child participating in the
  656  services, as authorized under s. 1011.70 and as provided in s.
  657  409.9071, regardless of whether the child is enrolled in
  658  MediPass or a managed care plan. Managed care plans and school
  659  districts shall make good faith efforts to execute agreements
  660  regarding the coordinated provision of services authorized under
  661  s. 1011.70. County health departments delivering school-based
  662  services pursuant to ss. 381.0056 and 381.0057 shall be
  663  reimbursed by Medicaid for the federal share for a Medicaid
  664  eligible child who receives Medicaid-covered services in a
  665  school setting, regardless of whether the child is enrolled in
  666  MediPass or a managed care plan. Managed care plans and county
  667  health departments shall make good faith efforts to execute
  668  agreements regarding the coordinated provision of services to a
  669  Medicaid-eligible child. To ensure continuity of care for
  670  Medicaid patients, the agency, the Department of Health, and the
  671  Department of Education shall develop procedures for ensuring
  672  that a student’s managed care plan or MediPass primary care
  673  provider receives information relating to services provided in
  674  accordance with ss. 381.0056, 381.0057, 409.9071, and 1011.70.
  675         (b) Reimbursement of school-based providers is contingent
  676  on such providers being enrolled as Medicaid providers and
  677  meeting the qualifications contained in 42 C.F.R. s. 440.110,
  678  unless otherwise waived by the federal Centers for Medicare and
  679  Medicaid Services Health Care Financing Administration. Speech
  680  therapy providers who are certified through the Department of
  681  Education pursuant to rule 6A-4.0176, Florida Administrative
  682  Code, are eligible for reimbursement for services that are
  683  provided on school premises. An Any employee of the school
  684  district who has been fingerprinted and has received a criminal
  685  background check in accordance with Department of Education
  686  rules and guidelines is shall be exempt from any agency
  687  requirements relating to criminal background checks.
  688         Section 8. Subsection (1), paragraphs (a) and (b) of
  689  subsection (2), and paragraph (d) of subsection (4) of section
  690  409.911, Florida Statutes, are amended to read:
  691         409.911 Disproportionate share program.—Subject to specific
  692  allocations established within the General Appropriations Act
  693  and any limitations established pursuant to chapter 216, the
  694  agency shall distribute, pursuant to this section, moneys to
  695  hospitals providing a disproportionate share of Medicaid or
  696  charity care services by making quarterly Medicaid payments as
  697  required. Notwithstanding the provisions of s. 409.915, counties
  698  are exempt from contributing toward the cost of this special
  699  reimbursement for hospitals serving a disproportionate share of
  700  low-income patients.
  701         (1) DEFINITIONS.—As used in this section, s. 409.9112, and
  702  the Florida Hospital Uniform Reporting System manual:
  703         (a) “Adjusted patient days” means the sum of acute care
  704  patient days and intensive care patient days as reported to the
  705  agency for Health Care Administration, divided by the ratio of
  706  inpatient revenues generated from acute, intensive, ambulatory,
  707  and ancillary patient services to gross revenues.
  708         (b) “Actual audited data” or “actual audited experience”
  709  means data reported to the agency for Health Care Administration
  710  which has been audited in accordance with generally accepted
  711  auditing standards by the agency or representatives under
  712  contract with the agency.
  713         (c) “Charity care” or “uncompensated charity care” means
  714  that portion of hospital charges reported to the agency for
  715  Health Care Administration for which there is no compensation,
  716  other than restricted or unrestricted revenues provided to a
  717  hospital by local governments or tax districts, regardless of
  718  the method of payment, for care provided to a patient whose
  719  family income for the 12 months preceding the determination is
  720  less than or equal to 200 percent of the federal poverty level,
  721  unless the amount of hospital charges due from the patient
  722  exceeds 25 percent of the annual family income. However, in no
  723  case shall the hospital charges for a patient whose family
  724  income exceeds four times the federal poverty level for a family
  725  of four may not be considered charity.
  726         (d) “Charity care days” means the sum of the deductions
  727  from revenues for charity care minus 50 percent of restricted
  728  and unrestricted revenues provided to a hospital by local
  729  governments or tax districts, divided by gross revenues per
  730  adjusted patient day.
  731         (e) “Hospital” means a health care institution licensed as
  732  a hospital pursuant to chapter 395, but does not include
  733  ambulatory surgical centers.
  734         (f) “Medicaid days” means the number of actual days
  735  attributable to Medicaid recipients patients as determined by
  736  the agency for Health Care Administration.
  737         (2) The agency for Health Care Administration shall use the
  738  following actual audited data to determine the Medicaid days and
  739  charity care to be used in calculating the disproportionate
  740  share payment:
  741         (a) The average of the 2004, 2005, and 2006 audited
  742  disproportionate share data to determine each hospital’s
  743  Medicaid days and charity care for the 2012-2013 2011-2012 state
  744  fiscal year.
  745         (b) If the agency for Health Care Administration does not
  746  have the prescribed 3 years of audited disproportionate share
  747  data as noted in paragraph (a) for a hospital, the agency shall
  748  use the average of the years of the audited disproportionate
  749  share data as noted in paragraph (a) which is available.
  750         (4) The following formulas shall be used to pay
  751  disproportionate share dollars to public hospitals:
  752         (d) Any nonstate government owned or operated hospital
  753  eligible for payments under this section on July 1, 2011,
  754  remains eligible for payments during the 2012-2013 2011-2012
  755  state fiscal year.
  756         Section 9. Section 409.9112, Florida Statutes, is repealed.
  757         Section 10. Section 409.9113, Florida Statutes, is amended
  758  to read:
  759         409.9113 Disproportionate share program for teaching
  760  hospitals.—In addition to the payments made under s. ss. 409.911
  761  and 409.9112, the agency shall make disproportionate share
  762  payments to teaching hospitals, as defined in s. 408.07, for
  763  their increased costs associated with medical education programs
  764  and for tertiary health care services provided to the indigent.
  765  This system of payments must conform to federal requirements and
  766  distribute funds in each fiscal year for which an appropriation
  767  is made by making quarterly Medicaid payments. Notwithstanding
  768  s. 409.915, counties are exempt from contributing toward the
  769  cost of this special reimbursement for hospitals serving a
  770  disproportionate share of low-income patients. For the 2011-2012
  771  state fiscal year, The agency shall distribute the moneys
  772  provided in the General Appropriations Act to statutorily
  773  defined teaching hospitals and family practice teaching
  774  hospitals, as defined in s. 395.805, pursuant to this section.
  775  The funds provided for statutorily defined teaching hospitals
  776  shall be distributed as provided in the General Appropriations
  777  Act. The funds provided for family practice teaching hospitals
  778  shall be distributed equally among family practice teaching
  779  hospitals.
  780         (1) On or before September 15 of each year, the agency
  781  shall calculate an allocation fraction to be used for
  782  distributing funds to statutory teaching hospitals. Subsequent
  783  to the end of each quarter of the state fiscal year, the agency
  784  shall distribute to each statutory teaching hospital an amount
  785  determined by multiplying one-fourth of the funds appropriated
  786  for this purpose by the Legislature times such hospital’s
  787  allocation fraction. The allocation fraction for each such
  788  hospital shall be determined by the sum of the following three
  789  primary factors, divided by three:
  790         (a) The number of nationally accredited graduate medical
  791  education programs offered by the hospital, including programs
  792  accredited by the Accreditation Council for Graduate Medical
  793  Education and the combined Internal Medicine and Pediatrics
  794  programs acceptable to both the American Board of Internal
  795  Medicine and the American Board of Pediatrics at the beginning
  796  of the state fiscal year preceding the date on which the
  797  allocation fraction is calculated. The numerical value of this
  798  factor is the fraction that the hospital represents of the total
  799  number of programs, where the total is computed for all
  800  statutory teaching hospitals.
  801         (b) The number of full-time equivalent trainees in the
  802  hospital, which comprises two components:
  803         1. The number of trainees enrolled in nationally accredited
  804  graduate medical education programs, as defined in paragraph
  805  (a). Full-time equivalents are computed using the fraction of
  806  the year during which each trainee is primarily assigned to the
  807  given institution, over the state fiscal year preceding the date
  808  on which the allocation fraction is calculated. The numerical
  809  value of this factor is the fraction that the hospital
  810  represents of the total number of full-time equivalent trainees
  811  enrolled in accredited graduate programs, where the total is
  812  computed for all statutory teaching hospitals.
  813         2. The number of medical students enrolled in accredited
  814  colleges of medicine and engaged in clinical activities,
  815  including required clinical clerkships and clinical electives.
  816  Full-time equivalents are computed using the fraction of the
  817  year during which each trainee is primarily assigned to the
  818  given institution, over the course of the state fiscal year
  819  preceding the date on which the allocation fraction is
  820  calculated. The numerical value of this factor is the fraction
  821  that the given hospital represents of the total number of full
  822  time equivalent students enrolled in accredited colleges of
  823  medicine, where the total is computed for all statutory teaching
  824  hospitals.
  825  
  826  The primary factor for full-time equivalent trainees is computed
  827  as the sum of these two components, divided by two.
  828         (c) A service index that comprises three components:
  829         1. The Agency for Health Care Administration Service Index,
  830  computed by applying the standard Service Inventory Scores
  831  established by the agency to services offered by the given
  832  hospital, as reported on Worksheet A-2 for the last fiscal year
  833  reported to the agency before the date on which the allocation
  834  fraction is calculated. The numerical value of this factor is
  835  the fraction that the given hospital represents of the total
  836  index values, where the total is computed for all statutory
  837  teaching hospitals.
  838         2. A volume-weighted service index, computed by applying
  839  the standard Service Inventory Scores established by the agency
  840  to the volume of each service, expressed in terms of the
  841  standard units of measure reported on Worksheet A-2 for the last
  842  fiscal year reported to the agency before the date on which the
  843  allocation factor is calculated. The numerical value of this
  844  factor is the fraction that the given hospital represents of the
  845  total volume-weighted service index values, where the total is
  846  computed for all statutory teaching hospitals.
  847         3. Total Medicaid payments to each hospital for direct
  848  inpatient and outpatient services during the fiscal year
  849  preceding the date on which the allocation factor is calculated.
  850  This includes payments made to each hospital for such services
  851  by Medicaid prepaid health plans, whether the plan was
  852  administered by the hospital or not. The numerical value of this
  853  factor is the fraction that each hospital represents of the
  854  total of such Medicaid payments, where the total is computed for
  855  all statutory teaching hospitals.
  856  
  857  The primary factor for the service index is computed as the sum
  858  of these three components, divided by three.
  859         (2) By October 1 of each year, the agency shall use the
  860  following formula to calculate the maximum additional
  861  disproportionate share payment for statutory teaching hospitals:
  862  
  863                           TAP = THAF x A                          
  864  
  865  Where:
  866         TAP = total additional payment.
  867         THAF = teaching hospital allocation factor.
  868         A = amount appropriated for a teaching hospital
  869  disproportionate share program.
  870         Section 11. Section 409.9117, Florida Statutes, is
  871  repealed.
  872         Section 12. Paragraphs (b) and (d) of subsection (4) of
  873  section 409.912, Florida Statutes, are amended to read:
  874         409.912 Cost-effective purchasing of health care.—The
  875  agency shall purchase goods and services for Medicaid recipients
  876  in the most cost-effective manner consistent with the delivery
  877  of quality medical care. To ensure that medical services are
  878  effectively utilized, the agency may, in any case, require a
  879  confirmation or second physician’s opinion of the correct
  880  diagnosis for purposes of authorizing future services under the
  881  Medicaid program. This section does not restrict access to
  882  emergency services or poststabilization care services as defined
  883  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  884  shall be rendered in a manner approved by the agency. The agency
  885  shall maximize the use of prepaid per capita and prepaid
  886  aggregate fixed-sum basis services when appropriate and other
  887  alternative service delivery and reimbursement methodologies,
  888  including competitive bidding pursuant to s. 287.057, designed
  889  to facilitate the cost-effective purchase of a case-managed
  890  continuum of care. The agency shall also require providers to
  891  minimize the exposure of recipients to the need for acute
  892  inpatient, custodial, and other institutional care and the
  893  inappropriate or unnecessary use of high-cost services. The
  894  agency shall contract with a vendor to monitor and evaluate the
  895  clinical practice patterns of providers in order to identify
  896  trends that are outside the normal practice patterns of a
  897  provider’s professional peers or the national guidelines of a
  898  provider’s professional association. The vendor must be able to
  899  provide information and counseling to a provider whose practice
  900  patterns are outside the norms, in consultation with the agency,
  901  to improve patient care and reduce inappropriate utilization.
  902  The agency may mandate prior authorization, drug therapy
  903  management, or disease management participation for certain
  904  populations of Medicaid beneficiaries, certain drug classes, or
  905  particular drugs to prevent fraud, abuse, overuse, and possible
  906  dangerous drug interactions. The Pharmaceutical and Therapeutics
  907  Committee shall make recommendations to the agency on drugs for
  908  which prior authorization is required. The agency shall inform
  909  the Pharmaceutical and Therapeutics Committee of its decisions
  910  regarding drugs subject to prior authorization. The agency is
  911  authorized to limit the entities it contracts with or enrolls as
  912  Medicaid providers by developing a provider network through
  913  provider credentialing. The agency may competitively bid single
  914  source-provider contracts if procurement of goods or services
  915  results in demonstrated cost savings to the state without
  916  limiting access to care. The agency may limit its network based
  917  on the assessment of beneficiary access to care, provider
  918  availability, provider quality standards, time and distance
  919  standards for access to care, the cultural competence of the
  920  provider network, demographic characteristics of Medicaid
  921  beneficiaries, practice and provider-to-beneficiary standards,
  922  appointment wait times, beneficiary use of services, provider
  923  turnover, provider profiling, provider licensure history,
  924  previous program integrity investigations and findings, peer
  925  review, provider Medicaid policy and billing compliance records,
  926  clinical and medical record audits, and other factors. Providers
  927  are not entitled to enrollment in the Medicaid provider network.
  928  The agency shall determine instances in which allowing Medicaid
  929  beneficiaries to purchase durable medical equipment and other
  930  goods is less expensive to the Medicaid program than long-term
  931  rental of the equipment or goods. The agency may establish rules
  932  to facilitate purchases in lieu of long-term rentals in order to
  933  protect against fraud and abuse in the Medicaid program as
  934  defined in s. 409.913. The agency may seek federal waivers
  935  necessary to administer these policies.
  936         (4) The agency may contract with:
  937         (b) An entity that is providing comprehensive behavioral
  938  health care services to certain Medicaid recipients through a
  939  capitated, prepaid arrangement pursuant to the federal waiver
  940  provided for by s. 409.905(5). Such entity must be licensed
  941  under chapter 624, chapter 636, or chapter 641, or authorized
  942  under paragraph (c) or paragraph (d), and must possess the
  943  clinical systems and operational competence to manage risk and
  944  provide comprehensive behavioral health care to Medicaid
  945  recipients. As used in this paragraph, the term “comprehensive
  946  behavioral health care services” means covered mental health and
  947  substance abuse treatment services that are available to
  948  Medicaid recipients. The secretary of the Department of Children
  949  and Family Services shall approve provisions of procurements
  950  related to children in the department’s care or custody before
  951  enrolling such children in a prepaid behavioral health plan. Any
  952  contract awarded under this paragraph must be competitively
  953  procured. In developing the behavioral health care prepaid plan
  954  procurement document, the agency must shall ensure that the
  955  procurement document requires the contractor to develop and
  956  implement a plan that ensures to ensure compliance with s.
  957  394.4574 related to services provided to residents of licensed
  958  assisted living facilities that hold a limited mental health
  959  license. Except as provided in subparagraph 5., and except in
  960  counties where the Medicaid managed care pilot program is
  961  authorized pursuant to s. 409.91211, the agency shall seek
  962  federal approval to contract with a single entity meeting these
  963  requirements to provide comprehensive behavioral health care
  964  services to all Medicaid recipients not enrolled in a Medicaid
  965  managed care plan authorized under s. 409.91211, a provider
  966  service network authorized under paragraph (d), or a Medicaid
  967  health maintenance organization in an AHCA area. In an AHCA area
  968  where the Medicaid managed care pilot program is authorized
  969  pursuant to s. 409.91211 in one or more counties, the agency may
  970  procure a contract with a single entity to serve the remaining
  971  counties as an AHCA area or the remaining counties may be
  972  included with an adjacent AHCA area and are subject to this
  973  paragraph. Each entity must offer a sufficient choice of
  974  providers in its network to ensure recipient access to care and
  975  the opportunity to select a provider with whom they are
  976  satisfied. The network must shall include all public mental
  977  health hospitals. To ensure unimpaired access to behavioral
  978  health care services by Medicaid recipients, all contracts
  979  issued pursuant to this paragraph must require 80 percent of the
  980  capitation paid to the managed care plan, including health
  981  maintenance organizations and capitated provider service
  982  networks, to be expended for the provision of behavioral health
  983  care services. If the managed care plan expends less than 80
  984  percent of the capitation paid for the provision of behavioral
  985  health care services, the difference shall be returned to the
  986  agency. The agency shall provide the plan with a certification
  987  letter indicating the amount of capitation paid during each
  988  calendar year for behavioral health care services pursuant to
  989  this section. The agency may reimburse for substance abuse
  990  treatment services on a fee-for-service basis until the agency
  991  finds that adequate funds are available for capitated, prepaid
  992  arrangements.
  993         1. The agency shall modify the contracts with the entities
  994  providing comprehensive inpatient and outpatient mental health
  995  care services to Medicaid recipients in Hillsborough, Highlands,
  996  Hardee, Manatee, and Polk Counties, to include substance abuse
  997  treatment services.
  998         2. Except as provided in subparagraph 5., the agency and
  999  the Department of Children and Family Services shall contract
 1000  with managed care entities in each AHCA area except area 6 or
 1001  arrange to provide comprehensive inpatient and outpatient mental
 1002  health and substance abuse services through capitated prepaid
 1003  arrangements to all Medicaid recipients who are eligible to
 1004  participate in such plans under federal law and regulation. In
 1005  AHCA areas where eligible individuals number less than 150,000,
 1006  the agency shall contract with a single managed care plan to
 1007  provide comprehensive behavioral health services to all
 1008  recipients who are not enrolled in a Medicaid health maintenance
 1009  organization, a provider service network authorized under
 1010  paragraph (d), or a Medicaid capitated managed care plan
 1011  authorized under s. 409.91211. The agency may contract with more
 1012  than one comprehensive behavioral health provider to provide
 1013  care to recipients who are not enrolled in a Medicaid capitated
 1014  managed care plan authorized under s. 409.91211, a provider
 1015  service network authorized under paragraph (d), or a Medicaid
 1016  health maintenance organization in AHCA areas where the eligible
 1017  population exceeds 150,000. In an AHCA area where the Medicaid
 1018  managed care pilot program is authorized pursuant to s.
 1019  409.91211 in one or more counties, the agency may procure a
 1020  contract with a single entity to serve the remaining counties as
 1021  an AHCA area or the remaining counties may be included with an
 1022  adjacent AHCA area and shall be subject to this paragraph.
 1023  Contracts for comprehensive behavioral health providers awarded
 1024  pursuant to this section shall be competitively procured. Both
 1025  for-profit and not-for-profit corporations are eligible to
 1026  compete. Managed care plans contracting with the agency under
 1027  subsection (3) or paragraph (d) shall provide and receive
 1028  payment for the same comprehensive behavioral health benefits as
 1029  provided in AHCA rules, including handbooks incorporated by
 1030  reference. In AHCA area 11, prior to any fiscal year for which
 1031  the agency expects the number of MediPass enrollees in that area
 1032  to exceed 150,000, the agency shall seek to contract with at
 1033  least two comprehensive behavioral health care providers to
 1034  provide behavioral health care to recipients in that area who
 1035  are enrolled in, or assigned to, the MediPass program, and the
 1036  agency must offer one. One of the behavioral health care
 1037  contracts to must be with the existing public hospital-operated
 1038  provider service network pilot project, as described in
 1039  paragraph (d), for the purpose of demonstrating the cost
 1040  effectiveness of the provision of quality mental health services
 1041  through a public hospital-operated managed care model. Payment
 1042  shall be at an agreed-upon capitated rate to ensure cost
 1043  savings. Of the recipients in area 11 who are assigned to
 1044  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 1045  MediPass-enrolled recipients shall be assigned to the existing
 1046  provider service network in area 11 for their behavioral care.
 1047         3. Children residing in a statewide inpatient psychiatric
 1048  program, or in a Department of Juvenile Justice or a Department
 1049  of Children and Family Services residential program approved as
 1050  a Medicaid behavioral health overlay services provider may not
 1051  be included in a behavioral health care prepaid health plan or
 1052  any other Medicaid managed care plan pursuant to this paragraph.
 1053         4. Traditional community mental health providers under
 1054  contract with the Department of Children and Family Services
 1055  pursuant to part IV of chapter 394, child welfare providers
 1056  under contract with the Department of Children and Family
 1057  Services in areas 1 and 6, and inpatient mental health providers
 1058  licensed pursuant to chapter 395 must be offered an opportunity
 1059  to accept or decline a contract to participate in a any provider
 1060  network for prepaid behavioral health services.
 1061         5. All Medicaid-eligible children, except children in area
 1062  1 and children in Highlands County, Hardee County, Polk County,
 1063  or Manatee County of area 6, which that are open for child
 1064  welfare services in the statewide automated child welfare
 1065  information system, shall receive their behavioral health care
 1066  services through a specialty prepaid plan operated by community
 1067  based lead agencies through a single agency or formal agreements
 1068  among several agencies. The agency shall work with the specialty
 1069  plan to develop clinically effective, evidence-based
 1070  alternatives as a downward substitution for the statewide
 1071  inpatient psychiatric program and similar residential care and
 1072  institutional services. The specialty prepaid plan must result
 1073  in savings to the state comparable to savings achieved in other
 1074  Medicaid managed care and prepaid programs. Such plan must
 1075  provide mechanisms to maximize state and local revenues. The
 1076  specialty prepaid plan shall be developed by the agency and the
 1077  Department of Children and Family Services. The agency may seek
 1078  federal waivers to implement this initiative. Medicaid-eligible
 1079  children whose cases are open for child welfare services in the
 1080  statewide automated child welfare information system and who
 1081  reside in AHCA area 10 shall be enrolled in a capitated provider
 1082  service network or other capitated managed care plan, which, in
 1083  coordination with available community-based care providers
 1084  specified in s. 409.1671, must shall provide sufficient medical,
 1085  developmental, and behavioral health services to meet the needs
 1086  of these children.
 1087  
 1088  This paragraph expires October 1, 2014.
 1089         (d)1. A provider service network, which may be reimbursed
 1090  on a fee-for-service or prepaid basis. Prepaid provider service
 1091  networks shall receive per-member, per-month payments. A
 1092  provider service network that does not choose to be a prepaid
 1093  plan shall receive fee-for-service rates with a shared savings
 1094  settlement. The fee-for-service option shall be available to a
 1095  provider service network only for the first 2 years of the
 1096  plan’s operation or until the contract year beginning September
 1097  1, 2014, whichever is later. The agency shall annually conduct
 1098  cost reconciliations to determine the amount of cost savings
 1099  achieved by fee-for-service provider service networks for the
 1100  dates of service in the period being reconciled. Only payments
 1101  for covered services for dates of service within the
 1102  reconciliation period and paid within 6 months after the last
 1103  date of service in the reconciliation period shall be included.
 1104  The agency shall perform the necessary adjustments for the
 1105  inclusion of claims incurred but not reported within the
 1106  reconciliation for claims that could be received and paid by the
 1107  agency after the 6-month claims processing time lag. The agency
 1108  shall provide the results of the reconciliations to the fee-for
 1109  service provider service networks within 45 days after the end
 1110  of the reconciliation period. The fee-for-service provider
 1111  service networks shall review and provide written comments or a
 1112  letter of concurrence to the agency within 45 days after receipt
 1113  of the reconciliation results. This reconciliation shall be
 1114  considered final.
 1115         2. A provider service network that which is reimbursed by
 1116  the agency on a prepaid basis is shall be exempt from parts I
 1117  and III of chapter 641, but must comply with the solvency
 1118  requirements in s. 641.2261(2) and meet appropriate financial
 1119  reserve, quality assurance, and patient rights requirements as
 1120  established by the agency.
 1121         3. The agency shall assign Medicaid recipients assigned to
 1122  a provider service network in accordance with s. 409.9122 or s.
 1123  409.91211, as applicable shall be chosen equally from those who
 1124  would otherwise have been assigned to prepaid plans and
 1125  MediPass. The agency may is authorized to seek federal Medicaid
 1126  waivers as necessary to implement the provisions of this
 1127  section. This subparagraph expires October 1, 2014.
 1128         4. A provider service network is a network established or
 1129  organized and operated by a health care provider, or group of
 1130  affiliated health care providers, including minority physician
 1131  networks and emergency room diversion programs that meet the
 1132  requirements of s. 409.91211, which provides a substantial
 1133  proportion of the health care items and services under a
 1134  contract directly through the provider or affiliated group of
 1135  providers and may make arrangements with physicians or other
 1136  health care professionals, health care institutions, or any
 1137  combination of such individuals or institutions to assume all or
 1138  part of the financial risk on a prospective basis for the
 1139  provision of basic health services by the physicians, by other
 1140  health professionals, or through the institutions. The health
 1141  care providers must have a controlling interest in the governing
 1142  body of the provider service network organization.
 1143         Section 13. Section 409.9121, Florida Statutes, is amended
 1144  to read:
 1145         409.9121 Legislative findings and intent.—The Legislature
 1146  hereby finds that the Medicaid program has experienced an annual
 1147  growth rate of approximately 28 percent per year for the past 5
 1148  years, and is consuming more than half of all new general
 1149  revenue growth. The present Medicaid system must be reoriented
 1150  to emphasize, to the maximum extent possible, the delivery of
 1151  health care through entities and mechanisms that which are
 1152  designed to contain costs, to emphasize preventive and primary
 1153  care, and to promote access and continuity of care. The
 1154  Legislature further finds that the concept of “managed care”
 1155  best encompasses these multiple goals. The Legislature also
 1156  finds that, with the cooperation of the physician community,
 1157  MediPass, the Medicaid primary care case management program, is
 1158  responsible for ensuring that there is a sufficient supply of
 1159  primary care to provide access to preventive and primary care
 1160  services to Medicaid recipients. Therefore, the Legislature
 1161  declares its intent that the Medicaid program require, to the
 1162  maximum extent practicable and permitted by federal law, that
 1163  all Medicaid recipients be enrolled in a managed care program.
 1164         Section 14. Subsections (1), (2), (4), (5), and (12) of
 1165  section 409.9122, Florida Statutes, are amended to read:
 1166         409.9122 Mandatory Medicaid managed care enrollment;
 1167  programs and procedures.—
 1168         (1) It is the intent of the Legislature that Medicaid
 1169  managed care the MediPass program be cost-effective, provide
 1170  quality health care, and improve access to health services, and
 1171  that the program be implemented statewide. Medicaid managed care
 1172  shall consist of the enrollment of Medicaid recipients in the
 1173  MediPass program or managed care plans for comprehensive medical
 1174  services. This subsection expires October 1, 2014.
 1175         (2)(a) The agency shall enroll all Medicaid recipients in a
 1176  managed care plan or MediPass all Medicaid recipients, except
 1177  those Medicaid recipients who are: in an institution,; enrolled
 1178  in the Medicaid medically needy program,; or eligible for both
 1179  Medicaid and Medicare. Upon enrollment, recipients may
 1180  individuals will be able to change their managed care option
 1181  during the 90-day opt out period required by federal Medicaid
 1182  regulations. The agency may is authorized to seek the necessary
 1183  Medicaid state plan amendment to implement this policy. However,
 1184         (a) To the extent permitted by federal law, the agency may
 1185  enroll a recipient in a managed care plan or MediPass a Medicaid
 1186  recipient who is exempt from mandatory managed care enrollment
 1187  if, provided that:
 1188         1. The recipient’s decision to enroll in a managed care
 1189  plan or MediPass is voluntary;
 1190         2. If The recipient chooses to enroll in a managed care
 1191  plan and, the agency has determined that the managed care plan
 1192  provides specific programs and services that which address the
 1193  special health needs of the recipient; and
 1194         3. The agency receives any necessary waivers from the
 1195  federal Centers for Medicare and Medicaid Services.
 1196  
 1197  School districts participating in the certified school match
 1198  program pursuant to ss. 409.908(21) and 1011.70 shall be
 1199  reimbursed by Medicaid, subject to the limitations of s.
 1200  1011.70(1), for a Medicaid-eligible child participating in the
 1201  services as authorized in s. 1011.70, as provided for in s.
 1202  409.9071, regardless of whether the child is enrolled in
 1203  MediPass or a managed care plan. Managed care plans shall make a
 1204  good faith effort to execute agreements with school districts
 1205  regarding the coordinated provision of services authorized under
 1206  s. 1011.70. County health departments delivering school-based
 1207  services pursuant to ss. 381.0056 and 381.0057 shall be
 1208  reimbursed by Medicaid for the federal share for a Medicaid
 1209  eligible child who receives Medicaid-covered services in a
 1210  school setting, regardless of whether the child is enrolled in
 1211  MediPass or a managed care plan. Managed care plans shall make a
 1212  good faith effort to execute agreements with county health
 1213  departments regarding the coordinated provision of services to a
 1214  Medicaid-eligible child. To ensure continuity of care for
 1215  Medicaid patients, the agency, the Department of Health, and the
 1216  Department of Education shall develop procedures for ensuring
 1217  that a student’s managed care plan or MediPass provider receives
 1218  information relating to services provided in accordance with ss.
 1219  381.0056, 381.0057, 409.9071, and 1011.70.
 1220         (b) A Medicaid recipient may shall not be enrolled in or
 1221  assigned to a managed care plan or MediPass unless the managed
 1222  care plan or MediPass has complied with the quality-of-care
 1223  standards specified in paragraphs (3)(a) and (b), respectively.
 1224         (c) A Medicaid recipient eligible for managed care
 1225  enrollment recipients shall have a choice of managed care
 1226  options plans or MediPass. The Agency for Health Care
 1227  Administration, the Department of Health, the Department of
 1228  Children and Family Services, and the Department of Elderly
 1229  Affairs shall cooperate to ensure that each Medicaid recipient
 1230  receives clear and easily understandable information that meets
 1231  the following requirements:
 1232         1. Explains the concept of managed care, including
 1233  MediPass.
 1234         2. Provides information on the comparative performance of
 1235  managed care options available to the recipient plans and
 1236  MediPass in the areas of quality, credentialing, preventive
 1237  health programs, network size and availability, and patient
 1238  satisfaction.
 1239         3. Explains where additional information on each managed
 1240  care option plan and MediPass in the recipient’s area can be
 1241  obtained.
 1242         4. Explains that recipients have the right to choose their
 1243  managed care coverage at the time they first enroll in Medicaid
 1244  and again at regular intervals set by the agency. However, if a
 1245  recipient does not choose a managed care option plan or
 1246  MediPass, the agency shall will assign the recipient to a
 1247  managed care plan or MediPass according to the criteria
 1248  specified in this section.
 1249         5. Explains the recipient’s right to complain, file a
 1250  grievance, or change his or her managed care option as specified
 1251  in this section plans or MediPass providers if the recipient is
 1252  not satisfied with the managed care plan or MediPass.
 1253         (d) The agency shall develop a mechanism for providing
 1254  information to Medicaid recipients for the purpose of choosing
 1255  making a managed care option plan or MediPass selection.
 1256  Examples of such mechanisms may include, but are not be limited
 1257  to, interactive information systems, mailings, and mass
 1258  marketing materials. Managed care plans and MediPass providers
 1259  may not provide are prohibited from providing inducements to
 1260  Medicaid recipients to select their plans or prejudice from
 1261  prejudicing Medicaid recipients against other managed care plans
 1262  or MediPass providers.
 1263         (e) Medicaid recipients who are already enrolled in a
 1264  managed care plan or MediPass shall be offered the opportunity
 1265  to change managed care plans or MediPass providers, as
 1266  applicable, on a staggered basis, as defined by the agency. All
 1267  Medicaid recipients shall have 30 days in which to choose a
 1268  managed care option make a choice of managed care plans or
 1269  MediPass providers. Those Medicaid recipients who do not make a
 1270  choice shall be assigned in accordance with paragraph (f). To
 1271  facilitate continuity of care, for a Medicaid recipient who is
 1272  also a recipient of Supplemental Security Income (SSI), prior to
 1273  assigning the SSI recipient to a managed care plan or MediPass,
 1274  the agency shall determine whether the SSI recipient has an
 1275  ongoing relationship with a MediPass provider or managed care
 1276  plan, and if so, the agency shall assign the SSI recipient to
 1277  that MediPass provider or managed care plan. Those SSI
 1278  recipients who do not have such a provider relationship shall be
 1279  assigned to a managed care plan or MediPass provider in
 1280  accordance with paragraph (f).
 1281         1. During the 30-day choice period:
 1282         a. A recipient residing in a county in which two or more
 1283  managed care plans are eligible to accept Medicaid enrollees,
 1284  including a recipient who was enrolled in MediPass at the
 1285  commencement of his or her 30-day choice period, shall choose
 1286  from those managed care plans. A recipient may opt out of his or
 1287  her choice and choose a different managed care plan during the
 1288  90-day opt out period.
 1289         b. A recipient residing in a county in which only one
 1290  managed care plan is eligible to accept Medicaid enrollees shall
 1291  choose the managed care plan or a MediPass provider. A recipient
 1292  who chooses the managed care plan may opt out of the plan and
 1293  choose a MediPass provider during the 90-day opt out period.
 1294         c. A recipient residing in a county in which no managed
 1295  care plan is accepting Medicaid enrollees shall choose a
 1296  MediPass provider.
 1297         2. For the purposes of recipient choice, if a managed care
 1298  plan reaches its enrollment capacity, as determined by the
 1299  agency, the plan may not accept additional Medicaid enrollees
 1300  until the agency determines that the plan’s enrollment is
 1301  sufficiently less than its enrollment capacity, due to a decline
 1302  in enrollment or by an increase in enrollment capacity. If a
 1303  managed care plan notifies the agency of its intent to exit a
 1304  county, the plan may not accept additional Medicaid enrollees in
 1305  that county before the exit date.
 1306         3. As used in this paragraph, when referring to recipient
 1307  choice, the term “managed care plans” includes health
 1308  maintenance organizations, exclusive provider organizations,
 1309  provider service networks, minority physician networks,
 1310  Children’s Medical Services Networks, and pediatric emergency
 1311  department diversion programs authorized by this chapter or the
 1312  General Appropriations Act.
 1313         4. The agency shall seek federal waiver authority or a
 1314  state plan amendment consistent with 42 U.S.C. 1396u-2(a)(1), as
 1315  needed, to implement this paragraph.
 1316         (f) If a Medicaid recipient does not choose a managed care
 1317  option:
 1318         1. If the recipient resides in a county in which two or
 1319  more managed care plans are accepting Medicaid enrollees, the
 1320  agency shall assign the recipient, including a recipient who was
 1321  enrolled in MediPass at the commencement of his or her 30-day
 1322  choice period, to one of those managed care plans. A recipient
 1323  assigned to a managed care plan under this subparagraph may opt
 1324  out of the managed care plan and enroll in a different managed
 1325  care plan during the 90-day opt out period. The agency shall
 1326  seek to make assignments among the managed care plans on an even
 1327  basis under the criteria in subparagraph 6.
 1328         2. If the recipient resides in a county in which only one
 1329  managed care plan is accepting Medicaid enrollees, the agency
 1330  shall assign the recipient, including a recipient who was
 1331  enrolled in MediPass at the commencement of his or her 30-day
 1332  choice period, to the managed care plan. A recipient assigned to
 1333  a managed care plan under this subparagraph may opt out of the
 1334  managed care plan and choose a MediPass provider during the 90
 1335  day opt out period.
 1336         3. If the recipient resides in a county in which no managed
 1337  care plan is accepting Medicaid enrollees, the agency shall
 1338  assign the recipient to a MediPass provider.
 1339         4. For the purpose of assignment, if a managed care plan
 1340  reaches its enrollment capacity, as determined by the agency,
 1341  the plan may not accept additional Medicaid enrollees until the
 1342  agency determines that the plan’s enrollment is sufficiently
 1343  less than its enrollment capacity, due to a decline in
 1344  enrollment or by an increase in enrollment capacity. If a
 1345  managed care plan notifies the agency of its intent to exit a
 1346  county, the agency may not assign additional Medicaid enrollees
 1347  to the plan in that county before the exit date. plan or
 1348  MediPass provider, the agency shall assign the Medicaid
 1349  recipient to a managed care plan or MediPass provider. Medicaid
 1350  recipients eligible for managed care plan enrollment who are
 1351  subject to mandatory assignment but who fail to make a choice
 1352  shall be assigned to managed care plans until an enrollment of
 1353  35 percent in MediPass and 65 percent in managed care plans, of
 1354  all those eligible to choose managed care, is achieved. Once
 1355  this enrollment is achieved, the assignments shall be divided in
 1356  order to maintain an enrollment in MediPass and managed care
 1357  plans which is in a 35 percent and 65 percent proportion,
 1358  respectively. Thereafter, assignment of Medicaid recipients who
 1359  fail to make a choice shall be based proportionally on the
 1360  preferences of recipients who have made a choice in the previous
 1361  period. Such proportions shall be revised at least quarterly to
 1362  reflect an update of the preferences of Medicaid recipients. The
 1363  agency shall disproportionately assign Medicaid-eligible
 1364  recipients who are required to but have failed to make a choice
 1365  of managed care plan or MediPass to the Children’s Medical
 1366  Services Network as defined in s. 391.021, exclusive provider
 1367  organizations, provider service networks, minority physician
 1368  networks, and pediatric emergency department diversion programs
 1369  authorized by this chapter or the General Appropriations Act, in
 1370  such manner as the agency deems appropriate, until the agency
 1371  has determined that the networks and programs have sufficient
 1372  numbers to be operated economically.
 1373         5. As used in For purposes of this paragraph, when
 1374  referring to assignment, the term “managed care plans” includes
 1375  health maintenance organizations, exclusive provider
 1376  organizations, provider service networks, minority physician
 1377  networks, Children’s Medical Services Network, and pediatric
 1378  emergency department diversion programs authorized by this
 1379  chapter or the General Appropriations Act.
 1380         6. When making assignments, the agency shall consider take
 1381  into account the following criteria, as applicable:
 1382         a.1.Whether a managed care plan has sufficient network
 1383  capacity to meet the need of members.
 1384         b.2.Whether the managed care plan or MediPass has
 1385  previously enrolled the recipient as a member, or one of the
 1386  managed care plan’s primary care providers or a MediPass primary
 1387  care provider providers has previously provided health care to
 1388  the recipient.
 1389         c.3.Whether the agency has knowledge that the recipient
 1390  member has previously expressed a preference for a particular
 1391  managed care plan or MediPass primary care provider as indicated
 1392  by Medicaid fee-for-service claims data, but has failed to make
 1393  a choice.
 1394         d.4.Whether the managed care plan’s or MediPass primary
 1395  care providers are geographically accessible to the recipient’s
 1396  residence.
 1397         e. If the recipient was already enrolled in a managed care
 1398  plan at the commencement of his or her 30-day choice period and
 1399  fails to choose a different option, the recipient must remain
 1400  enrolled in that same managed care plan.
 1401         f. To facilitate continuity of care for a Medicaid
 1402  recipient who is also a recipient of Supplemental Security
 1403  Income (SSI), before assigning the SSI recipient, the agency
 1404  shall determine whether the SSI recipient has an ongoing
 1405  relationship with a managed care plan or a MediPass primary care
 1406  provider, and if so, the agency shall assign the SSI recipient
 1407  to that managed care plan or MediPass provider, as applicable.
 1408  However, if the recipient has an ongoing relationship with a
 1409  MediPass primary care provider who is included in the provider
 1410  network of one or more managed care plans, the agency shall
 1411  assign the recipient to one of those managed care plans.
 1412         g. If the recipient is diagnosed with HIV/AIDS and resides
 1413  in Broward County, Miami-Dade County, or Palm Beach County, the
 1414  agency shall assign the Medicaid recipient to a managed care
 1415  plan that is a health maintenance organization authorized under
 1416  chapter 641, that was under contract with the agency on July 1,
 1417  2011, and that offers a delivery system in partnership with a
 1418  university-based teaching and research-oriented organization
 1419  specializing in providing health care services and treatment for
 1420  individuals diagnosed with HIV/AIDS. Recipients not diagnosed
 1421  with HIV/AIDS may not be assigned under this paragraph to a
 1422  managed care plan that specializes in HIV/AIDS.
 1423         7. The agency shall seek federal waiver authority or a
 1424  state plan amendment consistent with 42 U.S.C. 1396u-2(a)(4)(D),
 1425  as needed, to implement this paragraph.
 1426         (g) When more than one managed care plan or MediPass
 1427  provider meets the criteria specified in paragraph (f), the
 1428  agency shall make recipient assignments consecutively by family
 1429  unit.
 1430         (h) The agency may not engage in practices that are
 1431  designed to favor one managed care plan over another or that are
 1432  designed to influence Medicaid recipients to enroll in MediPass
 1433  rather than in a managed care plan or to enroll in a managed
 1434  care plan rather than in MediPass, as applicable. This
 1435  subsection does not prohibit the agency from reporting on the
 1436  performance of MediPass or any managed care plan, as measured by
 1437  performance criteria developed by the agency.
 1438         (i) After a recipient has made his or her selection or has
 1439  been enrolled in a managed care plan or MediPass, the recipient
 1440  shall have 90 days to exercise the opportunity to voluntarily
 1441  disenroll and select another managed care option plan or
 1442  MediPass. After 90 days, no further changes may be made except
 1443  for good cause. Good cause includes, but is not limited to, poor
 1444  quality of care, lack of access to necessary specialty services,
 1445  an unreasonable delay or denial of service, or fraudulent
 1446  enrollment. The agency shall develop criteria for good cause
 1447  disenrollment for chronically ill and disabled populations who
 1448  are assigned to managed care plans if more appropriate care is
 1449  available through the MediPass program. The agency must make a
 1450  determination as to whether good cause exists. However, the
 1451  agency may require a recipient to use the managed care plan’s or
 1452  MediPass grievance process prior to the agency’s determination
 1453  of good cause, except in cases in which immediate risk of
 1454  permanent damage to the recipient’s health is alleged. The
 1455  grievance process, if used when utilized, must be completed in
 1456  time to permit the recipient to disenroll by the first day of
 1457  the second month after the month the disenrollment request was
 1458  made. If the managed care plan or MediPass, as a result of the
 1459  grievance process, approves an enrollee’s request to disenroll,
 1460  the agency is not required to make a determination in the case.
 1461  The agency must make a determination and take final action on a
 1462  recipient’s request so that disenrollment occurs by no later
 1463  than the first day of the second month after the month the
 1464  request was made. If the agency fails to act within the
 1465  specified timeframe, the recipient’s request to disenroll is
 1466  deemed to be approved as of the date agency action was required.
 1467  Recipients who disagree with the agency’s finding that good
 1468  cause does not exist for disenrollment shall be advised of their
 1469  right to pursue a Medicaid fair hearing to dispute the agency’s
 1470  finding.
 1471         (j) Consistent with 42 U.S.C. 1396u-2(a)(4)(A) or under
 1472  federal waiver authority, as needed, the agency shall apply for
 1473  a federal waiver from the Centers for Medicare and Medicaid
 1474  Services to lock eligible Medicaid recipients into a managed
 1475  care plan or MediPass for 12 months after an open enrollment
 1476  period, except for the 90-day opt out period and good cause
 1477  disenrollment. After 12 months’ enrollment, a recipient may
 1478  select another managed care plan or MediPass provider. However,
 1479  nothing shall prevent a Medicaid recipient may not be prevented
 1480  from changing primary care providers within the managed care
 1481  plan or MediPass program, as applicable, during the 12-month
 1482  period.
 1483         (k) The agency shall maintain MediPass provider networks in
 1484  all counties, including those counties in which two or more
 1485  managed care plans are accepting Medicaid enrollees. When a
 1486  Medicaid recipient does not choose a managed care plan or
 1487  MediPass provider, the agency shall assign the Medicaid
 1488  recipient to a managed care plan, except in those counties in
 1489  which there are fewer than two managed care plans accepting
 1490  Medicaid enrollees, in which case assignment shall be to a
 1491  managed care plan or a MediPass provider. Medicaid recipients in
 1492  counties with fewer than two managed care plans accepting
 1493  Medicaid enrollees who are subject to mandatory assignment but
 1494  who fail to make a choice shall be assigned to managed care
 1495  plans until an enrollment of 35 percent in MediPass and 65
 1496  percent in managed care plans, of all those eligible to choose
 1497  managed care, is achieved. Once that enrollment is achieved, the
 1498  assignments shall be divided in order to maintain an enrollment
 1499  in MediPass and managed care plans which is in a 35 percent and
 1500  65 percent proportion, respectively. For purposes of this
 1501  paragraph, when referring to assignment, the term “managed care
 1502  plans” includes exclusive provider organizations, provider
 1503  service networks, Children’s Medical Services Network, minority
 1504  physician networks, and pediatric emergency department diversion
 1505  programs authorized by this chapter or the General
 1506  Appropriations Act. When making assignments, the agency shall
 1507  take into account the following criteria:
 1508         1. A managed care plan has sufficient network capacity to
 1509  meet the need of members.
 1510         2. The managed care plan or MediPass has previously
 1511  enrolled the recipient as a member, or one of the managed care
 1512  plan’s primary care providers or MediPass providers has
 1513  previously provided health care to the recipient.
 1514         3. The agency has knowledge that the member has previously
 1515  expressed a preference for a particular managed care plan or
 1516  MediPass provider as indicated by Medicaid fee-for-service
 1517  claims data, but has failed to make a choice.
 1518         4. The managed care plan’s or MediPass primary care
 1519  providers are geographically accessible to the recipient’s
 1520  residence.
 1521         5. The agency has authority to make mandatory assignments
 1522  based on quality of service and performance of managed care
 1523  plans.
 1524         (l) If the Medicaid recipient is diagnosed with HIV/AIDS
 1525  and resides in Broward County, Miami-Dade County, or Palm Beach
 1526  County, the agency shall assign the Medicaid recipient to a
 1527  managed care plan that is a health maintenance organization
 1528  authorized under chapter 641, is under contract with the agency
 1529  on July 1, 2011, and which offers a delivery system through a
 1530  university-based teaching and research-oriented organization
 1531  that specializes in providing health care services and treatment
 1532  for individuals diagnosed with HIV/AIDS.
 1533         (l)(m) Notwithstanding the provisions of chapter 287, the
 1534  agency may, at its discretion, renew cost-effective contracts
 1535  for choice counseling services once or more for such periods as
 1536  the agency may decide. However, all such renewals may not
 1537  combine to exceed a total period longer than the term of the
 1538  original contract.
 1539  
 1540  This subsection expires October 1, 2014.
 1541         (4)(a) Each female recipient may select as her primary care
 1542  provider an obstetrician/gynecologist who has agreed to
 1543  participate within a managed care plan’s provider network or as
 1544  a MediPass primary care case manager, as applicable.
 1545         (b) The agency shall establish a complaints and grievance
 1546  process to assist Medicaid recipients enrolled in the MediPass
 1547  program to resolve complaints and grievances. The agency shall
 1548  investigate reports of quality-of-care grievances which remain
 1549  unresolved to the satisfaction of the enrollee.
 1550  
 1551  This subsection expires October 1, 2014.
 1552         (5)(a) The agency shall work cooperatively with the Social
 1553  Security Administration to identify recipients beneficiaries who
 1554  are jointly eligible for Medicare and Medicaid and shall develop
 1555  cooperative programs to encourage these recipients beneficiaries
 1556  to enroll in a Medicare participating health maintenance
 1557  organization or prepaid health plans.
 1558         (b) The agency shall work cooperatively with the Department
 1559  of Elderly Affairs to assess the potential cost-effectiveness of
 1560  providing managed care enrollment MediPass to recipients
 1561  beneficiaries who are jointly eligible for Medicare and Medicaid
 1562  on a voluntary choice basis. If the agency determines that
 1563  enrollment of these recipients beneficiaries in managed care
 1564  MediPass has the potential for being cost-effective for the
 1565  state, the agency shall offer managed care enrollment MediPass
 1566  to these recipients beneficiaries on a voluntary choice basis in
 1567  the counties where managed care is available MediPass operates.
 1568  
 1569  This subsection expires October 1, 2014.
 1570         (12) The agency shall include in its calculation of the
 1571  hospital inpatient component of a Medicaid health maintenance
 1572  organization’s capitation rate any special payments, including,
 1573  but not limited to, upper payment limit or disproportionate
 1574  share hospital payments, made to qualifying hospitals through
 1575  the fee-for-service program. The agency may seek federal waiver
 1576  approval or state plan amendment as needed to implement this
 1577  adjustment. This subsection expires September 1, 2012.
 1578         Section 15. Section 409.9123, Florida Statutes, is amended
 1579  to read:
 1580         409.9123 Quality-of-care reporting.—In order to promote
 1581  competition between Medicaid managed care plans and MediPass
 1582  based on quality-of-care indicators, The agency shall annually
 1583  develop and publish a set of measures of managed care plan
 1584  performance based on quality-of-care indicators. This
 1585  information shall be made available to each Medicaid recipient
 1586  who makes a choice of a managed care plan in her or his area.
 1587  This information must shall be easily understandable to the
 1588  Medicaid recipient and shall use nationally recognized standards
 1589  wherever possible. In formulating this information, the agency
 1590  shall, at a minimum, consider take into account at least the
 1591  following:
 1592         (1) The recommendations of the National Committee for
 1593  Quality Assurance Medicaid HEDIS Task Force.
 1594         (2) Requirements and recommendations of the Centers for
 1595  Medicare and Medicaid Services Health Care Financing
 1596  Administration.
 1597         (3) Recommendations of the managed care industry.
 1598         Section 16. For the purpose of incorporating the amendment
 1599  made by this act to section 409.9122, Florida Statutes, in a
 1600  reference thereto, subsection (1) of section 409.9126, Florida
 1601  Statutes, is reenacted to read:
 1602         409.9126 Children with special health care needs.—
 1603         (1) Except as provided in subsection (4), children eligible
 1604  for Children’s Medical Services who receive Medicaid benefits,
 1605  and other Medicaid-eligible children with special health care
 1606  needs, shall be exempt from the provisions of s. 409.9122 and
 1607  shall be served through the Children’s Medical Services network
 1608  established in chapter 391.
 1609         Section 17. Effective upon this act becoming a law,
 1610  subsections (4) through (6) of section 409.915, Florida
 1611  Statutes, are amended, and subsections (7) through (11) are
 1612  added to that section, to read:
 1613         409.915 County contributions to Medicaid.—Although the
 1614  state is responsible for the full portion of the state share of
 1615  the matching funds required for the Medicaid program, in order
 1616  to acquire a certain portion of these funds, the state shall
 1617  charge the counties for certain items of care and service as
 1618  provided in this section.
 1619         (4) Each county shall contribute pay into the General
 1620  Revenue Fund, unallocated, its pro rata share of the total
 1621  county participation based upon statements rendered by the
 1622  agency in consultation with the counties. The agency shall
 1623  render such statements monthly based on each county’s eligible
 1624  recipients. For purposes of this section, each county’s eligible
 1625  recipients shall be determined by the recipients’ address
 1626  information contained in the federally approved Medicaid
 1627  eligibility system within the Department of Children and Family
 1628  Services. The process developed under subsection (10) may be
 1629  used for cases in which the Medicaid eligibility system’s
 1630  address information may indicate a need for revision.
 1631         (5) The Department of Financial Services shall withhold
 1632  from the cigarette tax receipts or any other funds to be
 1633  distributed to the counties the individual county share that has
 1634  not been remitted within 60 days after billing.
 1635         (5)(6) In any county in which a special taxing district or
 1636  authority is located which will benefit from the medical
 1637  assistance programs covered by this section, the board of county
 1638  commissioners may divide the county’s financial responsibility
 1639  for this purpose proportionately, and each such district or
 1640  authority must furnish its share to the board of county
 1641  commissioners in time for the board to comply with the
 1642  provisions of subsection (3). Any appeal of the proration made
 1643  by the board of county commissioners must be made to the
 1644  Department of Financial Services, which shall then set the
 1645  proportionate share of each party.
 1646         (6)(7) Counties are exempt from contributing toward the
 1647  cost of new exemptions on inpatient ceilings for statutory
 1648  teaching hospitals, specialty hospitals, and community hospital
 1649  education program hospitals that came into effect July 1, 2000,
 1650  and for special Medicaid payments that came into effect on or
 1651  after July 1, 2000.
 1652         (7) By September 1, 2012, the agency shall certify to the
 1653  Department of Revenue, for each county, an amount equal to 85
 1654  percent of each county’s billings through April 30, 2012, which
 1655  remain unpaid.
 1656         (8)(a)Beginning with the October 2012 distribution, the
 1657  Department of Revenue shall reduce each county’s distributions
 1658  pursuant to s. 218.26 by one thirty-sixth of the amount
 1659  certified by the agency under subsection (7) for that county.
 1660  However, the amount of the reduction may not exceed 50 percent
 1661  of each county’s distribution. If, after 36 months, the
 1662  reductions for each county do not equal the total amount
 1663  initially certified by the agency, the Department of Revenue
 1664  shall continue to reduce each distribution by up to 50 percent
 1665  until the total amount certified is reached. The amounts by
 1666  which the distributions are reduced shall be transferred to the
 1667  General Revenue Fund.
 1668         (b) As an assurance to holders of bonds issued before the
 1669  effective date of this act to which distributions made pursuant
 1670  to s. 218.26 are pledged, or bonds issued to refund such bonds
 1671  which mature no later than the bonds they refunded and which
 1672  result in a reduction of debt service payable in each fiscal
 1673  year, the amount available for distribution to a county shall
 1674  remain as provided by law and continue to be subject to any lien
 1675  or claim on behalf of the bondholders. The Department of Revenue
 1676  must ensure that any reduction in amounts distributed pursuant
 1677  to paragraph (a) does not reduce the amount of distribution to a
 1678  county below the amount necessary for the payment of principal
 1679  and interest on the bonds and the amount necessary to comply
 1680  with any covenant under the bond resolution or other documents
 1681  relating to the issuance of the bonds.
 1682         (9)(a)Beginning May 1, 2012, and each month thereafter,
 1683  the agency shall certify to the Department of Revenue the amount
 1684  of the monthly statement rendered to each county pursuant to
 1685  subsection (4). The department shall reduce each county’s
 1686  monthly distribution pursuant to s. 218.61 by the amount
 1687  certified. The amounts by which the distributions are reduced
 1688  shall be transferred to the General Revenue Fund.
 1689         (b) As an assurance to holders of bonds issued before the
 1690  effective date of this act to which distributions made pursuant
 1691  to s. 218.61 are pledged, or bonds issued to refund such bonds
 1692  which mature no later than the bonds they refunded and which
 1693  result in a reduction of debt service payable in each fiscal
 1694  year, the amount available for distribution to a county shall
 1695  remain as provided by law and continue to be subject to any lien
 1696  or claim on behalf of the bondholders. The Department of Revenue
 1697  must ensure that any reductions in amounts distributed pursuant
 1698  to paragraph (a) does not reduce the amount of distribution to a
 1699  county below the amount necessary for the payment of principal
 1700  and interest on the bonds and the amount necessary to comply
 1701  with any covenant under the bond resolution or other documents
 1702  relating to the issuance of the bonds.
 1703         (10)The Department of Revenue shall pay certified refund
 1704  requests in accordance with a process developed by the agency
 1705  and the department which:
 1706         (a)Allows counties to submit to the agency written
 1707  requests for refunds of any amounts by which the distributions
 1708  were reduced as provided in subsection (9) and which set forth
 1709  the reasons for the refund requests.
 1710         (b)Requires the agency to make a determination as to
 1711  whether a refund request is appropriate and should be approved,
 1712  in which case the agency shall certify the amount of the refund
 1713  to the department.
 1714         (c)Requires the department to issue the refund for the
 1715  certified amount to the county from the General Revenue Fund.
 1716         (11) Beginning in the 2013-2014 fiscal year and each year
 1717  thereafter until the 2020-2021 fiscal year, the Chief Financial
 1718  Officer shall transfer from the General Revenue Fund to the
 1719  Lawton Chiles Endowment Fund an amount equal to the amounts
 1720  transferred to the General Revenue Fund in the previous fiscal
 1721  year pursuant to subsections (8) and (9), reduced by the amount
 1722  of refunds paid pursuant to subsection (10), which are in excess
 1723  of the official estimate for medical hospital fees for such
 1724  previous fiscal year adopted by the Revenue Estimating
 1725  Conference on January 12, 2012, as reflected in the conference’s
 1726  workpapers. By July 20 of each year, the Office of Economic and
 1727  Demographic Research shall certify the amount to be transferred
 1728  to the Chief Financial Officer. Such transfers must be made
 1729  before July 31 of each year until the total transfers for all
 1730  years equal $265 million. The Office of Economic and Demographic
 1731  Research shall publish the official estimates reflected in the
 1732  conference’s workpapers on its website.
 1733         Section 18. Subsection (2) of section 409.979, Florida
 1734  Statutes, is amended to read:
 1735         409.979 Eligibility.—
 1736         (2) Medicaid recipients who, on the date long-term care
 1737  managed care plans become available in their region, reside in a
 1738  nursing home facility or are enrolled in one of the following
 1739  long-term care Medicaid waiver programs are eligible to
 1740  participate in the long-term care managed care program for up to
 1741  12 months without being reevaluated for their need for nursing
 1742  facility care as defined in s. 409.985(3):
 1743         (a) The Assisted Living for the Frail Elderly Waiver.
 1744         (b) The Aged and Disabled Adult Waiver.
 1745         (c) The Adult Day Health Care Waiver.
 1746         (c)(d) The Consumer-Directed Care Plus Program as described
 1747  in s. 409.221.
 1748         (d)(e) The Program of All-inclusive Care for the Elderly.
 1749         (e)(f) The long-term care community-based diversion pilot
 1750  project as described in s. 430.705.
 1751         (f)(g) The Channeling Services Waiver for Frail Elders.
 1752         Section 19. Subsection (15) of section 430.04, Florida
 1753  Statutes, is amended to read:
 1754         430.04 Duties and responsibilities of the Department of
 1755  Elderly Affairs.—The Department of Elderly Affairs shall:
 1756         (15) Administer all Medicaid waivers and programs relating
 1757  to elders and their appropriations. The waivers include, but are
 1758  not limited to:
 1759         (a) The Assisted Living for the Frail Elderly Waiver.
 1760         (b) The Aged and Disabled Adult Waiver.
 1761         (c) The Adult Day Health Care Waiver.
 1762         (c)(d) The Consumer-Directed Care Plus Program as defined
 1763  in s. 409.221.
 1764         (d)(e) The Program of All-inclusive Care for the Elderly.
 1765         (e)(f) The Long-Term Care Community-Based Diversion Pilot
 1766  Project as described in s. 430.705.
 1767         (f)(g) The Channeling Services Waiver for Frail Elders.
 1768  
 1769  The department shall develop a transition plan for recipients
 1770  receiving services in long-term care Medicaid waivers for elders
 1771  or disabled adults on the date eligible plans become available
 1772  in each recipient’s region defined in s. 409.981(2) to enroll
 1773  those recipients in eligible plans. This subsection expires
 1774  October 1, 2014.
 1775         Section 20. Section 31 of chapter 2009-223, Laws of
 1776  Florida, as amended by section 44 of chapter 2010-151, Laws of
 1777  Florida, is redesignated as section 409.9132, Florida Statutes,
 1778  and amended to read:
 1779         409.9132 Section 31. Pilot project to monitor home health
 1780  services.—The agency for Health Care Administration shall expand
 1781  the develop and implement a home health agency monitoring pilot
 1782  project in Miami-Dade County on a statewide basis effective July
 1783  1, 2012, except in counties in which the program will not be
 1784  cost-effective, as determined by the agency by January 1, 2010.
 1785  The agency shall contract with a vendor to verify the
 1786  utilization and delivery of home health services and provide an
 1787  electronic billing interface for home health services. The
 1788  contract must require the creation of a program to submit claims
 1789  electronically for the delivery of home health services. The
 1790  program must verify telephonically visits for the delivery of
 1791  home health services using voice biometrics. The agency may seek
 1792  amendments to the Medicaid state plan and waivers of federal
 1793  laws, as necessary, to implement or expand the pilot project.
 1794  Notwithstanding s. 287.057(3)(f), Florida Statutes, the agency
 1795  must award the contract through the competitive solicitation
 1796  process and may use the current contract to expand the home
 1797  health agency monitoring pilot project to include additional
 1798  counties as authorized under this section. The agency shall
 1799  submit a report to the Governor, the President of the Senate,
 1800  and the Speaker of the House of Representatives evaluating the
 1801  pilot project by February 1, 2011.
 1802         Section 21. Section 32 of chapter 2009-223, Laws of
 1803  Florida, is redesignated as section 409.9133, Florida Statutes,
 1804  and amended to read:
 1805         409.9133 Section 32. Pilot project for home health care
 1806  management.—The agency for Health Care Administration shall
 1807  expand the implement a comprehensive care management pilot
 1808  project for home health services statewide and include private
 1809  duty nursing and personal care services effective July 1, 2012,
 1810  except in counties in which the program will not be cost
 1811  effective, as determined by the agency by January 1, 2010. The
 1812  program must include, which includes face-to-face assessments by
 1813  a nurse licensed pursuant to chapter 464, Florida Statutes,
 1814  consultation with physicians ordering services to substantiate
 1815  the medical necessity for services, and on-site or desk reviews
 1816  of recipients’ medical records in Miami-Dade County. The agency
 1817  may enter into a contract with a qualified organization to
 1818  implement or expand the pilot project. The agency may use the
 1819  current contract to expand the comprehensive care management
 1820  pilot project to include the additional services and counties
 1821  authorized under this section. The agency may seek amendments to
 1822  the Medicaid state plan and waivers of federal laws, as
 1823  necessary, to implement or expand the pilot project.
 1824         Section 22. Notwithstanding s. 430.707, Florida Statutes,
 1825  and subject to federal approval of an additional site for the
 1826  Program of All-Inclusive Care for the Elderly (PACE), the Agency
 1827  for Health Care Administration shall contract with a current
 1828  PACE organization authorized to provide PACE services in
 1829  Southeast Florida to develop and operate a PACE program in
 1830  Broward County to serve frail elders who reside in Broward
 1831  County. The organization shall be exempt from chapter 641,
 1832  Florida Statutes. The agency, in consultation with the
 1833  Department of Elderly Affairs and subject to an appropriation,
 1834  shall approve up to 150 initial enrollee slots in the Broward
 1835  program established by the organization.
 1836         Section 23. Effective upon this act becoming a law and for
 1837  the 2011-2012 state fiscal year only, a public hospital located
 1838  in trauma service area 2 which has local funds available for
 1839  intergovernmental transfers that allow for exemptions from
 1840  inpatient and outpatient reimbursement limitations may,
 1841  notwithstanding s. 409.905(5)(c), Florida Statues, have its
 1842  reimbursement rates adjusted after September 30 of the state
 1843  fiscal year in which the rates take effect.
 1844         Section 24. Except as otherwise expressly provided in this
 1845  act and except for this section, which shall take effect upon
 1846  this act becoming a law, this act shall take effect July 1,
 1847  2012.
 1848  
 1849  ================= T I T L E  A M E N D M E N T ================
 1850         And the title is amended as follows:
 1851         Delete everything before the enacting clause
 1852  and insert:
 1853                        A bill to be entitled                      
 1854         An act relating to Medicaid; amending s. 381.79, F.S.;
 1855         increasing the amount that may be available to the
 1856         University of Florida and the University of Miami for
 1857         brain and spinal cord injury research; amending s.
 1858         383.15, F.S.; revising legislative intent relating to
 1859         funding for regional perinatal intensive care centers;
 1860         amending s. 409.8132, F.S.; revising a cross
 1861         reference; amending s. 409.814, F.S.; deleting a
 1862         prohibition preventing children who are eligible for
 1863         coverage under a state health benefit plan from being
 1864         eligible for services provided through the subsidized
 1865         program; revising cross-references; requiring a
 1866         completed application, including a clinical screening,
 1867         for enrollment in the Children’s Medical Services
 1868         Network; amending s. 409.902, F.S.; providing for the
 1869         creation of an Internet-based system for determining
 1870         eligibility for the Medicaid and Kidcare programs,
 1871         contingent on the appropriation; providing system
 1872         business objectives and requirements; requiring the
 1873         Department of Children and Family Services to develop
 1874         the system; requiring the system to be completed and
 1875         implemented by specified dates; providing a governance
 1876         structure pending implementation of the program,
 1877         including an executive steering committee and a
 1878         project management team; amending s. 409.905, F.S.;
 1879         limiting the number of paid hospital emergency
 1880         department visits for nonpregnant adults; authorizing
 1881         the Agency for Health Care Administration to request
 1882         approval by the Legislative Budget Commission of
 1883         hospital rate adjustments; providing components for
 1884         the agency’s plan to convert inpatient hospital rates
 1885         to a prospective payment system; revising dates for
 1886         submitting the plan and implementing the system;
 1887         amending s. 409.908, F.S.; conforming a cross
 1888         reference; authorizing the Agency for Health Care
 1889         Administration to accept voluntary intergovernmental
 1890         transfers of local taxes and other qualified revenue
 1891         from counties, municipalities, or special taxing
 1892         districts in order to fund certain costs; limiting the
 1893         use of intergovernmental transfer funds for hospital
 1894         reimbursements; prohibiting the inclusion of certain
 1895         hospital costs in the capitation rates for prepaid
 1896         health plans; providing for the inclusion of certain
 1897         hospital costs in capitation rates for prepaid health
 1898         plans if funded by intergovernmental transfers;
 1899         incorporating a transferred provision; amending s.
 1900         409.911, F.S.; updating references to data used for
 1901         calculations in the disproportionate share program;
 1902         repealing s. 409.9112, F.S., relating to the
 1903         disproportionate share program for regional perinatal
 1904         intensive care centers; amending s. 409.9113, F.S.;
 1905         conforming a cross-reference; authorizing the agency
 1906         to distribute moneys in the disproportionate share
 1907         program for teaching hospitals; repealing s. 409.9117,
 1908         F.S., relating to the primary care disproportionate
 1909         share program; amending s. 409.912, F.S.; revising the
 1910         conditions for contracting with certain managed care
 1911         plans for behavioral health care services; deleting
 1912         requirements for assigning certain MediPass recipients
 1913         to managed care plans for behavioral health care
 1914         services; requiring the assignment of recipients to
 1915         provider service networks; amending s. 409.9121, F.S.;
 1916         revising legislative findings relating to the Medicaid
 1917         program; amending s. 409.9122, F.S.; providing
 1918         criteria and procedures relating to recipient
 1919         enrollment choice and assignment among Medicaid
 1920         managed care plans and MediPass; deleting transferred
 1921         provisions relating to school districts; amending s.
 1922         409.9123, F.S.; revising provisions relating to the
 1923         publication of quality measures for managed care
 1924         plans; reenacting s. 409.9126, F.S., relating to
 1925         children with special health care needs; amending s.
 1926         409.915, F.S.; specifying criteria for determining a
 1927         county’s eligible recipients; providing for payment of
 1928         billings that have been denied by the county from the
 1929         county’s tax revenues; providing for refunds;
 1930         providing for the transfer of certain refunds to the
 1931         Lawton Chiles Endowment Fund; amending ss. 409.979 and
 1932         430.04, F.S.; deleting references to the Adult Day
 1933         Health Care Waiver in provisions relating to Medicaid
 1934         eligibility and duties and responsibilities of the
 1935         Department of Elderly Affairs; amending s. 31, chapter
 1936         2009-223, Laws of Florida, as amended, and
 1937         redesignating that section as s. 409.9132, F.S.;
 1938         expanding the home health agency monitoring pilot
 1939         project statewide; amending s. 32, chapter 2009-223,
 1940         Laws of Florida, and redesignating that section as s.
 1941         409.9133, F.S.; expanding the comprehensive care
 1942         management pilot project for home health services
 1943         statewide and including private-duty nursing and
 1944         personal care services; providing an additional site
 1945         in Broward County for the Program of All-Inclusive
 1946         Care for the Elderly; providing that a public hospital
 1947         located in trauma service area 2 which has local funds
 1948         available for intergovernmental transfers may have its
 1949         reimbursement rates adjusted after a certain date;
 1950         providing effective dates.