Florida Senate - 2016                   (PROPOSED BILL) SPB 7056
       
       
        
       FOR CONSIDERATION By the Committee on Health Policy
       
       588-02342A-16                                         20167056pb
    1                        A bill to be entitled                      
    2         An act relating to long-term care managed care
    3         prioritization; amending s. 409.962, F.S.; defining
    4         terms; amending s. 409.979, F.S.; requiring the
    5         Department of Elderly Affairs to maintain a statewide
    6         wait list for enrollment for home and community-based
    7         services through the Medicaid long-term care managed
    8         care program; requiring the department to prioritize
    9         individuals for potential enrollment using a frailty
   10         based screening tool that provides a priority score;
   11         providing for determinations regarding offers of
   12         enrollment; requiring screening and certain
   13         rescreening of individuals requesting long-term care
   14         services from the program; requiring the department to
   15         adopt by rule a screening tool; requiring the
   16         department to make a specified methodology available
   17         on its website; requiring the department to notify
   18         applicants if they are placed on the wait list;
   19         requiring the department to conduct prerelease
   20         assessments upon notification by the agency of
   21         available capacity; authorizing certain individuals to
   22         enroll in the long-term care managed care program;
   23         requiring the department to terminate an individual
   24         from the wait list under certain circumstances;
   25         providing for priority enrollment for home and
   26         community-based services; authorizing the department
   27         and the Agency for Health Care Administration to adopt
   28         rules; deleting obsolete language; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsections (4) through (13) of section
   34  409.962, Florida Statutes, are redesignated as subsections (5)
   35  through and (14), respectively, present subsection (14) of that
   36  section is redesignated as subsection (18), and new subsection
   37  (4) and subsections (15), (16), and (17) are added to that
   38  section, to read:
   39         409.962 Definitions.—As used in this part, except as
   40  otherwise specifically provided, the term:
   41         (4) “Authorized representative” means an individual who has
   42  the legal authority to make decisions on behalf of a Medicaid
   43  recipient or potential Medicaid recipient in matters related to
   44  the managed care plan or the screening or eligibility process.
   45         (15) “Rescreening” means the use of a screening tool to
   46  conduct annual screenings or screenings due to a significant
   47  change which determine an individual’s placement and
   48  continuation on the wait list.
   49         (16) “Screening” means the use of an information-collection
   50  tool to determine a priority score for placement on the wait
   51  list.
   52         (17) “Significant change” means change in an individual’s
   53  health status after an accident or illness; an actual or
   54  anticipated change in the individual’s living situation; a
   55  change in the caregiver relationship; loss of or damage to the
   56  individual’s home or deterioration of his or her home
   57  environment; or loss of the individual’s spouse or caregiver.
   58         Section 2. Section 409.979, Florida Statutes, is amended to
   59  read:
   60         409.979 Eligibility.—
   61         (1) PREREQUISITE CRITERIA FOR ELIGIBILITY.—Medicaid
   62  recipients who meet all of the following criteria are eligible
   63  to receive long-term care services and must receive long-term
   64  care services by participating in the long-term care managed
   65  care program. The recipient must be:
   66         (a) Sixty-five years of age or older, or age 18 or older
   67  and eligible for Medicaid by reason of a disability.
   68         (b) Determined by the Comprehensive Assessment Review and
   69  Evaluation for Long-Term Care Services (CARES) preadmission
   70  screening program to require nursing facility care as defined in
   71  s. 409.985(3).
   72         (2) ENROLLMENT OFFERS.—Medicaid recipients who, on the date
   73  long-term care managed care plans become available in their
   74  region, reside in a nursing home facility or are enrolled in one
   75  of the following long-term care Medicaid waiver programs are
   76  eligible to participate in the long-term care managed care
   77  program for up to 12 months without being reevaluated for their
   78  need for nursing facility care as defined in s. 409.985(3):
   79         (a) The Assisted Living for the Frail Elderly Waiver.
   80         (b) The Aged and Disabled Adult Waiver.
   81         (c) The Consumer-Directed Care Plus Program as described in
   82  s. 409.221.
   83         (d) The Program of All-inclusive Care for the Elderly.
   84         (e) The Channeling Services Waiver for Frail Elders.
   85         (3)Subject to availability of funds, the Department of
   86  Elderly Affairs shall make offers for enrollment to eligible
   87  individuals based on a wait-list prioritization and subject to
   88  availability of funds. Before making enrollment offers, the
   89  agency and the Department of Elderly Affairs department shall
   90  determine that sufficient funds exist to support additional
   91  enrollment into plans.
   92         (3) WAIT LIST, RELEASE, AND OFFER PROCESS.The Department
   93  of Elderly Affairs shall maintain a statewide wait list for
   94  enrollment for home and community-based services through the
   95  long-term care managed care program.
   96         (a) The Department of Elderly Affairs shall prioritize
   97  individuals for potential enrollment for home and community
   98  based services through the long-term care managed care program
   99  using a frailty-based screening tool that results in a priority
  100  score. The priority score is used to set an order for releasing
  101  individuals from the wait list for potential enrollment in the
  102  long-term care managed care program. If capacity is limited for
  103  individuals with identical priority scores, the individual with
  104  the oldest date of placement on the wait list shall receive
  105  priority for release.
  106         1. A person certified by the Department of Elderly Affairs
  107  shall perform the screening for each individual requesting
  108  enrollment for home and community-based services through the
  109  long-term care managed care program.
  110         2. The individual requesting the long-term care services,
  111  or the individual’s authorized representative, must participate
  112  in an initial screening or rescreening for placement on the wait
  113  list. The screening or rescreening must be completed in its
  114  entirety before placement on the wait list.
  115         3. Rescreening must occur annually or upon notification of
  116  a significant change in an individual’s circumstances.
  117         4. The Department of Elderly Affairs shall adopt by rule a
  118  screening tool that generates the priority score, and shall make
  119  publicly available on its website the specific methodology used
  120  to calculate an individual’s priority score.
  121         (b) Upon completion of the screening or rescreening
  122  process, the Department of Elderly Affairs shall notify the
  123  individual or the individual’s authorized representative that
  124  the individual has been placed on the wait list.
  125         (c) If the Department of Elderly Affairs is unable to
  126  contact the individual or the individual’s authorized
  127  representative to schedule an initial screening or rescreening,
  128  it shall send a letter to the last documented address of the
  129  individual or the individual’s authorized representative. The
  130  letter must advise the individual or his or her authorized
  131  representative that he or she must contact the Department of
  132  Elderly Affairs within 30 calendar days after the date of the
  133  notice to schedule a screening or rescreening and must notify
  134  the individual that failure to complete the screening or
  135  rescreening will result in his or her termination from the
  136  screening process and the wait list.
  137         (d) After notification by the agency of available capacity,
  138  the CARES program shall conduct a prerelease assessment. The
  139  Department of Elderly Affairs shall release individuals from the
  140  wait list based on the priority scoring process and prerelease
  141  assessment results. Upon release, individuals who also are
  142  determined by the department to be financially eligible and by
  143  the Department of Elderly Affairs to be clinically eligible may
  144  enroll in the long-term care managed care program.
  145         (e) The Department of Elderly Affairs shall terminate an
  146  individual’s inclusion on the wait list if the individual:
  147         1. Does not have a current priority score due to the
  148  individual’s action or inaction;
  149         2. Requests to be removed from the wait list;
  150         3. Does not keep an appointment to complete the rescreening
  151  without scheduling another appointment;
  152         4. Receives an offer to begin the eligibility determination
  153  process for the long-term care managed care program; or
  154         5. Begins receiving services through the long-term care
  155  managed care program.
  156  
  157  An individual whose inclusion on the wait list is terminated
  158  must initiate a new request for placement on the wait list, and
  159  any previous priority considerations must be disregarded.
  160         (f) Notwithstanding this subsection, the following
  161  individuals are afforded priority enrollment for home and
  162  community-based services through the long-term care managed care
  163  program and do not have to complete the screening or wait-list
  164  process if all other long-term care managed care program
  165  eligibility requirements are met:
  166         1. Individuals who are 18, 19, or 20 years of age who have
  167  chronic debilitating diseases or conditions of one or more
  168  physiological or organ systems which generally make the
  169  individual dependent upon 24-hour-per-day medical, nursing, or
  170  health supervision or intervention.
  171         2. Nursing facility residents requesting to transition into
  172  the community who have resided in a Florida-licensed skilled
  173  nursing facility for at least 60 consecutive days.
  174         (g) The Department of Elderly Affairs and the agency may
  175  adopt rules to implement this subsection.
  176         Section 3. This act shall take effect July 1, 2016.