Florida Senate - 2014 CS for SB 340 By the Committee on Community Affairs; and Senators Flores, Hays, and Ring 578-02846-14 2014340c1 1 A bill to be entitled 2 An act relating to the statewide prepaid dental 3 program; creating s. 409.91205, F.S.; providing 4 legislative findings and intent; creating the Medicaid 5 statewide prepaid dental program; directing the Agency 6 for Health Care Administration to contract with 7 prepaid dental health plans meeting specified 8 criteria; directing the agency to apply for and 9 implement state plan amendments or waivers of 10 applicable federal laws and regulations necessary to 11 implement the statewide prepaid dental program; 12 directing the agency to issue a competitive 13 procurement to licensed prepaid dental health plans to 14 implement the program; requiring that the agency 15 include all counties in the procurement; providing 16 that all existing contracts become null and void upon 17 procurement of new contracts; providing that 18 enrollment in the statewide prepaid dental program 19 shall not begin until the necessary state plan 20 amendments or waivers of applicable federal laws and 21 regulations are obtained and implemented; providing 22 that a child who is eligible to receive Medicaid 23 benefits during a specified period shall receive 24 dental services through the Medicaid managed medical 25 assistance program; directing the agency to provide 26 any required notice to recipients regarding the 27 transition from the Medicaid managed medical 28 assistance program to the statewide prepaid dental 29 program; providing that the agency may assess the 30 costs incurred in providing the notice to plans 31 participating in the statewide prepaid dental program; 32 requiring prepaid dental plans participating in the 33 statewide prepaid dental program to submit encounter 34 data; providing that the agency shall require a 35 medical loss ratio for prepaid dental plans 36 participating in the statewide prepaid dental program; 37 requiring the agency to submit an annual report to the 38 Governor and Legislature; specifying the contents of 39 the report; amending s. 409.973, F.S.; removing the 40 requirement that managed care plans participating in 41 the Medicaid managed assistance program provide 42 pediatric dental services; providing an effective 43 date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 409.91205, Florida Statutes, is created 48 to read: 49 409.91205 Statewide prepaid dental program.— 50 (1) The Legislature finds and declares that the design and 51 delivery of children’s Medicaid dental services should be 52 directed by the principle that the health of children is an 53 overriding concern. The Legislature also finds that the delivery 54 of dental services as compared to other health care services is 55 considerably different and, considering the historical 56 shortcomings of access to dental care in Florida, special 57 attention must be given to children’s accessibility to dental 58 care and provider network sustainability. Therefore, it is the 59 intent of the Legislature that a Medicaid prepaid dental program 60 be established, on a statewide basis in all counties, separate 61 and apart from the Medicaid managed medical assistance program 62 described in ss. 409.961-409.985. Further, the Legislature finds 63 that it is of paramount interest to the Medicaid program that 64 continuous and high-quality dental care be provided to Medicaid 65 recipients, and thus the agency shall ensure a seamless 66 transition of the responsibility for the provision of dental 67 services to children from the managed medical assistance program 68 to the statewide prepaid dental program. 69 (2) Notwithstanding ss. 409.961–409.985, the agency shall 70 implement the statewide prepaid dental program by contracting on 71 a prepaid or fixed-sum basis with at least two appropriately 72 licensed prepaid dental health plans to provide dental services 73 to children statewide that demonstrate extensive experience in 74 administering dental benefits for children enrolled in Medicaid 75 and that have experience in constructing and maintaining 76 statewide dental and specialty dental provider networks for 77 Medicaid programs. 78 (a) The agency shall apply for and implement state plan 79 amendments or waivers of applicable federal laws and regulations 80 necessary to implement the statewide prepaid dental program. 81 (b) Upon receiving the necessary federal approval for the 82 statewide prepaid dental program and in order to ensure that 83 high-quality dental care is provided to Medicaid recipients, the 84 agency shall issue a competitive procurement to licensed prepaid 85 dental health plans to implement the dental health program. The 86 agency shall include all counties in the competitive 87 procurement. All existing contracts entered into with licensed 88 prepaid dental health plans become null and void upon 89 procurement of new contracts. 90 (c) Enrollment in the statewide prepaid dental program 91 shall not begin until the necessary state plan amendments or 92 waivers of applicable federal laws and regulations are obtained 93 and implemented; however, enrollment shall begin no later than 94 September 1, 2015. 95 (d) A child who is eligible to receive Medicaid benefits 96 between the date that this act takes effect and the 97 implementation of the statewide prepaid dental plans shall 98 receive dental services as provided in ss. 409.961–409.985 until 99 the child is eligible to enroll in the statewide prepaid dental 100 program. 101 (e) Before enrollment in the statewide prepaid dental 102 program, the agency shall provide any required notice to 103 recipients regarding the transition. The agency may assess the 104 costs incurred in providing the notice to the plans 105 participating in the statewide prepaid dental program. 106 (f) The prepaid dental plans participating in the statewide 107 prepaid dental program shall be required by contract to submit 108 encounter data as described in s. 409.967(2)(d). 109 (g) The agency shall require a medical loss ratio of 85 110 percent for prepaid dental plans participating in the statewide 111 prepaid dental program. The calculation shall use uniform 112 financial data collected from all plans and shall be computed 113 for each plan on a statewide basis. The method for calculating 114 the medical loss ratio shall require that expenditures be 115 classified in a manner consistent with 45 C.F.R. part 158. 116 (3) The agency shall submit a report by January 15 of each 117 year on operation of the statewide prepaid dental program to the 118 Governor, the President of the Senate, and the Speaker of the 119 House of Representatives which compares the combined annual 120 benefits utilization and encounter data reported by all 121 participating prepaid dental plans, along with the agency’s 122 findings with respect to projected and budgeted annual program 123 costs, the extent to which each plan is complying with all 124 contract terms and conditions, the effect that each plan’s 125 operation is having on access to care for Medicaid recipients in 126 the plan’s service area, and the statistical trends associated 127 with indicators of good oral health among all recipients served 128 in comparison with the state’s population as a whole. 129 Section 2. Paragraph (e) of subsection (1) of section 130 409.973, Florida Statutes, is amended to read: 131 409.973 Benefits.— 132 (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a 133 minimum, the following services: 134 (e) Adult dental services as described in s. 409.906(1). 135 Section 3. This act shall take effect upon becoming a law.