Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 606 Ì161922ÊÎ161922 576-02551-15 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Health and Human Services) 1 A bill to be entitled 2 An act relating to dental care; creating s. 381.4019, 3 F.S.; establishing a joint local and state dental care 4 access account initiative, subject to the availability 5 of funding; authorizing the creation of dental care 6 access accounts; specifying the purpose of the 7 initiative; defining terms; providing criteria for the 8 selection of dentists for participation in the 9 initiative; providing for the establishment of 10 accounts; requiring the Department of Health to 11 implement an electronic benefit transfer system; 12 providing for the use of funds deposited in the 13 accounts; authorizing the department to distribute 14 state funds to accounts subject to legislative 15 appropriations; authorizing the department to accept 16 contributions from local sources for deposit in 17 designated accounts; limiting the number of years that 18 an account may remain open; providing for the 19 immediate closure of accounts under certain 20 circumstances; authorizing the department to transfer 21 state funds remaining in a closed account at a 22 specified time and to return unspent funds from local 23 sources; requiring a dentist to repay funds in certain 24 circumstances; authorizing the department to pursue 25 disciplinary enforcement actions and to use other 26 legal means to recover funds; requiring the department 27 to establish by rule application procedures and a 28 process to verify the use of funds withdrawn from a 29 dental care access account; requiring the department 30 to give priority to applications from dentists 31 practicing in certain areas; requiring the Department 32 of Economic Opportunity to rank shortage areas and 33 medically underserved areas; requiring the Department 34 of Health to develop a marketing plan in cooperation 35 with certain dental colleges and the Florida Dental 36 Association; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 381.4019, Florida Statutes, is created 41 to read: 42 381.4019 Dental care access accounts.—Subject to the 43 availability of funds, the Legislature establishes a joint local 44 and state dental care access account initiative and authorizes 45 the creation of dental care access accounts to promote economic 46 development by supporting qualified dentists who practice in 47 dental health professional shortage areas or medically 48 underserved areas or who treat a medically underserved 49 population. The Legislature recognizes that maintaining good 50 oral health is integral to overall health status and that the 51 good health of residents of this state is an important 52 contributing factor in economic development. Better health, 53 including better oral health, enables workers to be more 54 productive, reduces the burden of health care costs, and enables 55 children to improve in cognitive development. 56 (1) As used in this section, the term: 57 (a) “Dental health professional shortage area” means a 58 geographic area so designated by the Health Resources and 59 Services Administration of the United States Department of 60 Health and Human Services. 61 (b) “Department” means the Department of Health. 62 (c) “Medically underserved area” means a geographic area so 63 designated by the Health Resources and Services Administration 64 of the United States Department of Health and Human Services. 65 (d) “Public health program” means a county health 66 department, the Children’s Medical Services program, a federally 67 qualified community health center, a federally funded migrant 68 health center, or other publicly funded or nonprofit health care 69 program as designated by the department. 70 (2) The department shall develop and implement a dental 71 care access account initiative to benefit dentists licensed to 72 practice in this state who demonstrate, as required by the 73 department by rule: 74 (a) Active employment by a public health program located in 75 a dental health professional shortage area or a medically 76 underserved area; or 77 (b) A commitment to opening a private practice in a dental 78 health professional shortage area or a medically underserved 79 area evidenced by residing in the designated area, maintaining 80 an active Medicaid provider agreement, enrolling in one or more 81 Medicaid managed care plans, expending sufficient capital to 82 make substantial progress in opening a dental practice that is 83 capable of serving at least 1,200 patients, and obtaining 84 financial support from the local community in which the dentist 85 is practicing or intending to open a practice. 86 (3) The department shall establish dental care access 87 accounts as individual benefit accounts for each dentist who 88 satisfies the requirements of subsection (2) and is selected by 89 the department for participation. The department shall implement 90 an electronic benefit transfer system that enables each dentist 91 to spend funds from his or her account for the purposes 92 described in subsection (4). 93 (4) Funds contributed from state and local sources to a 94 dental care access account may be used for one or more of the 95 following purposes: 96 (a) Repayment of dental school student loans. 97 (b) Investment in property, facilities, or equipment 98 necessary to establish and operate a dental office consisting of 99 no fewer than two operatories. 100 (c) Payment of transitional expenses related to the 101 relocation or opening of a dental practice which are 102 specifically approved by the department. 103 (5) Subject to legislative appropriation, the department 104 shall distribute state funds as an award to each dental care 105 access account. Such awards must be in an amount not more than 106 $100,000 and not less than $10,000, except that a state award 107 may not exceed 3 times the amount contributed to an account in 108 the same year from local sources. If a dentist qualifies for a 109 dental care access account under paragraph (2)(a), the dentist’s 110 salary and associated employer expenditures constitute a local 111 match and qualify the account for a state award if the salary 112 and associated expenditures do not come from state funds. State 113 funds may not be included in a determination of the amount 114 contributed to an account from local sources. 115 (6) The department may accept contributions of funds from 116 local sources for deposit in the account of a dentist designated 117 by the donor. 118 (7) The department shall close an account no later than 5 119 years after the first deposit of state or local funds into that 120 account or immediately upon the occurrence of any of the 121 following: 122 (a) Termination of the dentist’s employment with a public 123 health program, unless, within 30 days of such termination, the 124 dentist opens a private practice in a dental health professional 125 shortage area or medically underserved area. 126 (b) Termination of the dentist’s practice in a designated 127 dental health professional shortage area or medically 128 underserved area. 129 (c) Termination of the dentist’s participation in the 130 Florida Medicaid program. 131 (d) Participation by the dentist in any fraudulent 132 activity. 133 (8) Any state funds remaining in a closed account may be 134 awarded and transferred to another account concurrent with the 135 distribution of funds under the next legislative appropriation 136 for the initiative. The department shall return to the donor on 137 a pro rata basis unspent funds from local sources which remain 138 in a closed account. 139 (9) If the department determines that a dentist has 140 withdrawn account funds after the occurrence of an event 141 specified in subsection (7), has used funds for purposes not 142 authorized in subsection (4), or has not remained eligible for a 143 dental care access account for a minimum of 2 years, the dentist 144 shall repay the funds to his or her account. The department may 145 recover the withdrawn funds through disciplinary enforcement 146 actions and other methods authorized by law. 147 (10) The department shall establish by rule: 148 (a) Application procedures for dentists who wish to apply 149 for a dental care access account. An applicant may demonstrate 150 that he or she has expended sufficient capital to make 151 substantial progress in opening a dental practice that is 152 capable of serving at least 1,200 patients by documenting 153 contracts for the purchase or lease of a practice location and 154 providing executed obligations for the purchase or other 155 acquisition of at least 30 percent of the value of equipment or 156 supplies necessary to operate a dental practice. The department 157 may limit the number of applicants selected and shall give 158 priority to those applicants practicing in the areas receiving 159 higher rankings pursuant to subsection (11). The department may 160 establish additional criteria for selection which recognize an 161 applicant’s active engagement with and commitment to the 162 community providing a local match. 163 (b) A process to verify that funds withdrawn from a dental 164 care access account have been used solely for the purposes 165 described in subsection (4). 166 (11) The Department of Economic Opportunity shall rank the 167 dental health professional shortage areas and medically 168 underserved areas of the state based on the extent to which 169 limited access to dental care is impeding the area’s economic 170 development, with a higher ranking indicating a greater 171 impediment to development. 172 (12) The department shall develop a marketing plan for the 173 dental care access account initiative in cooperation with the 174 University of Florida College of Dentistry, the Nova 175 Southeastern University College of Dental Medicine, the Lake 176 Erie College of Osteopathic Medicine School of Dental Medicine, 177 and the Florida Dental Association. 178 Section 2. This act shall take effect July 1, 2015.