Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 606
       
       
       
       
       
       
                                Ì504938IÎ504938                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2015           .                                
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       The Committee on Health Policy (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 44 - 146
    4  and insert:
    5  underserved areas or who treat a medically underserved
    6  population. The Legislature recognizes that maintaining good
    7  oral health is integral to overall health status and that the
    8  good health of residents of this state is an important
    9  contributing factor in economic development. Better health,
   10  including better oral health, enables workers to be more
   11  productive, reduces the burden of health care costs, and enables
   12  children to improve in cognitive development.
   13         (1) As used in this section, the term:
   14         (a) “Dental health professional shortage area” means a
   15  geographic area so designated by the Health Resources and
   16  Services Administration of the United States Department of
   17  Health and Human Services.
   18         (b) “Department” means the Department of Health.
   19         (c) “Medically underserved area” means a geographic area so
   20  designated by the Health Resources and Services Administration
   21  of the United States Department of Health and Human Services.
   22         (d) “Public health program” means a county health
   23  department, the Children’s Medical Services program, a federally
   24  funded community health center, a federally funded migrant
   25  health center, or other publicly funded or nonprofit health care
   26  program as designated by the department.
   27         (2The department shall develop and implement a dental
   28  care access account initiative to benefit dentists licensed to
   29  practice in this state who demonstrate, as required by the
   30  department by rule:
   31         (a)Active employment by a public health program located in
   32  a dental health professional shortage area or a medically
   33  underserved area; or
   34         (b)A commitment to opening a private practice in a dental
   35  health professional shortage area or a medically underserved
   36  area evidenced by residing in the designated area, maintaining
   37  an active Medicaid provider agreement, enrolling in one or more
   38  Medicaid managed care plans, expending sufficient capital to
   39  make substantial progress in opening a dental practice that is
   40  capable of serving at least 1,200 patients, and obtaining
   41  financial support from the local community in which the dentist
   42  is practicing or intending to open a practice.
   43         (3) The department shall establish dental care access
   44  accounts as individual benefit accounts for each dentist who
   45  satisfies the requirements of subsection (2) and is selected by
   46  the department for participation. The department shall implement
   47  an electronic benefit transfer system that enables each dentist
   48  to spend funds from his or her account for the purposes
   49  described in subsection (4).
   50         (4Funds contributed from state and local sources to a
   51  dental care access account may be used for one or more of the
   52  following purposes:
   53         (a) Repayment of dental school student loans.
   54         (b) Investment in property, facilities, or equipment
   55  necessary to establish and operate a dental office consisting of
   56  no fewer than two operatories.
   57         (c) Payment of transitional expenses related to the
   58  relocation or opening of a dental practice which are
   59  specifically approved by the department.
   60         (5Subject to legislative appropriation, the department
   61  shall distribute state funds as an award to each dental care
   62  access account. Such awards must be in an amount not more than
   63  $100,000 and not less than $10,000, except that a state award
   64  may not exceed 3 times the amount contributed to an account in
   65  the same year from local sources. If a dentist qualifies for a
   66  dental care access account under paragraph (2)(a), the dentist’s
   67  salary and associated employer expenditures constitute a local
   68  match and qualify the account for a state award if the salary
   69  and associated expenditures do not come from state funds. State
   70  funds may not be included in a determination of the amount
   71  contributed to an account from local sources.
   72         (6) The department may accept contributions of funds from
   73  local sources for deposit in the account of a dentist designated
   74  by the donor.
   75         (7) The department shall close an account no later than 5
   76  years after the first deposit of state or local funds into that
   77  account or immediately upon the occurrence of any of the
   78  following:
   79         (a) Termination of the dentist’s employment with a public
   80  health program, unless, within 30 days of such termination, the
   81  dentist opens a private practice in a dental health professional
   82  shortage area or medically underserved area.
   83         (b) Termination of the dentist’s practice in a designated
   84  dental health professional shortage area or medically
   85  underserved area.
   86         (c) Termination of the dentist’s participation in the
   87  Florida Medicaid program.
   88         (d) Participation by the dentist in any fraudulent
   89  activity.
   90         (8) Any state funds remaining in a closed account may be
   91  awarded and transferred to another account concurrent with the
   92  distribution of funds under the next legislative appropriation
   93  for the initiative. The department shall return to the donor on
   94  a pro rata basis unspent funds from local sources which remain
   95  in a closed account.
   96         (9) If the department determines that a dentist has
   97  withdrawn account funds after the occurrence of an event
   98  specified in subsection (7), has used funds for purposes not
   99  authorized in subsection (4), or has not remained eligible for a
  100  dental care access account for a minimum of 2 years, the dentist
  101  shall repay the funds to his or her account. The department may
  102  recover the withdrawn funds through disciplinary enforcement
  103  actions and other methods authorized by law.
  104         (10) The department shall establish by rule:
  105         (a) Application procedures for dentists who wish to apply
  106  for a dental care access account. An applicant may demonstrate
  107  that he or she has expended sufficient capital to make
  108  substantial progress in opening a dental practice that is
  109  capable of serving at least 1,200 patients by documenting
  110  contracts for the purchase or lease of a practice location and
  111  providing executed obligations for the purchase or other
  112  acquisition of at least 30 percent of the value of equipment or
  113  supplies necessary to operate a dental practice. The department
  114  may limit the number of applicants selected and shall give
  115  priority to those applicants practicing in the areas receiving
  116  higher rankings pursuant to subsection (11). The department may
  117  establish additional criteria for selection which recognize an
  118  applicant’s active engagement with and commitment to the
  119  community providing a local match.
  120         (b)A process to verify that funds withdrawn from a dental
  121  care access account have been used solely for the purposes
  122  described in subsection (4).
  123         (11) The Department of Economic Opportunity shall rank the
  124  dental health professional shortage areas and medically
  125  underserved areas of the state based on the extent to which
  126  limited access to dental care is impeding the area’s economic
  127  development, with a higher ranking indicating a greater
  128  impediment to development.
  129         (12) The department shall develop a marketing plan for the
  130  dental care access account initiative in cooperation with the
  131  University of Florida College of Dentistry, the Nova
  132  Southeastern University College of Dental Medicine, the Lake
  133  Erie College of Osteopathic Medicine School of Dental Medicine,
  134  and the Florida Dental Association.
  135  
  136  ================= T I T L E  A M E N D M E N T ================
  137  And the title is amended as follows:
  138         Delete lines 25 - 31
  139  and insert:
  140         disciplinary enforcement actions and to use other
  141         legal means to recover funds; requiring the department
  142         to establish by rule application procedures and a
  143         process to verify the use of funds withdrawn from a
  144         dental care access account; requiring the department
  145         to give priority to applications from dentists
  146         practicing in certain areas; requiring the Department
  147         of Economic Opportunity to rank shortage areas and
  148         medically underserved areas; requiring the Department
  149         of Health to develop a marketing plan in cooperation
  150         with certain dental colleges and the Florida Dental
  151         Association; providing an