Florida Senate - 2016                                     SB 856
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-01060-16                                            2016856__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid managed care; amending s.
    3         409.903, F.S.; adding a category of persons to whom
    4         the Agency for Health Care Administration must make
    5         payments for medical assistance and related services;
    6         amending s. 409.904, F.S.; conforming a provision to
    7         changes made by the act; amending s. 409.964, F.S.;
    8         requiring the agency to apply for and implement
    9         additional state plan amendments and federal waivers
   10         of applicable laws and regulations to implement the
   11         Medicaid managed care program; deleting provisions
   12         requiring the agency to hold public meetings; amending
   13         s. 409.972, F.S.; exempting certain Medicaid
   14         recipients from mandatory enrollment in managed care
   15         plans; amending s. 409.973, F.S.; requiring managed
   16         care plans to establish alternative benefit plans;
   17         amending s. 409.974, F.S.; providing a supplemental
   18         plan selection process for certain Medicaid
   19         recipients; requiring the agency to provide notice of
   20         invitations to negotiate by a specified date;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (9) is added to section 409.903,
   26  Florida Statutes, to read:
   27         409.903 Mandatory payments for eligible persons.—The agency
   28  shall make payments for medical assistance and related services
   29  on behalf of the following persons who the department, or the
   30  Social Security Administration by contract with the Department
   31  of Children and Families, determines to be eligible, subject to
   32  the income, assets, and categorical eligibility tests set forth
   33  in federal and state law. Payment on behalf of these Medicaid
   34  eligible persons is subject to the availability of moneys and
   35  any limitations established by the General Appropriations Act or
   36  chapter 216.
   37         (9) Beginning October 1, 2016, a person who meets the
   38  criteria established under s. 1902(a)(10)(A)(i)(VIII) of the
   39  Social Security Act.
   40         Section 2. Subsection (2) of section 409.904, Florida
   41  Statutes, is amended to read:
   42         409.904 Optional payments for eligible persons.—The agency
   43  may make payments for medical assistance and related services on
   44  behalf of the following persons who are determined to be
   45  eligible subject to the income, assets, and categorical
   46  eligibility tests set forth in federal and state law. Payment on
   47  behalf of these Medicaid eligible persons is subject to the
   48  availability of moneys and any limitations established by the
   49  General Appropriations Act or chapter 216.
   50         (2) A family, a pregnant woman, a child under age 21, a
   51  person age 65 or over, or a blind or disabled person, who would
   52  be eligible under any group listed in s. 409.903(1), (2), or
   53  (3), except that the income or assets of such family or person
   54  exceed established limitations and, effective October 1, 2016,
   55  such person is not eligible under s. 409.903(9). For a family or
   56  person in one of these coverage groups, medical expenses are
   57  deductible from income in accordance with federal requirements
   58  in order to make a determination of eligibility. A family or
   59  person eligible under the coverage known as the “medically
   60  needy,” is eligible to receive the same services as other
   61  Medicaid recipients, with the exception of services in skilled
   62  nursing facilities and intermediate care facilities for the
   63  developmentally disabled.
   64         Section 3. Section 409.964, Florida Statutes, is amended to
   65  read:
   66         409.964 Managed care program; state plan; waivers.—The
   67  Medicaid program is established as a statewide, integrated
   68  managed care program for all covered services, including long
   69  term care services. The agency shall apply for and implement
   70  state plan amendments or waivers of applicable federal laws and
   71  regulations necessary to implement the program or any subsequent
   72  modifications thereto. Before seeking or amending a waiver, the
   73  agency shall provide public notice and the opportunity for
   74  public comment and include public feedback in the waiver
   75  application or the waiver amendment request. The agency shall
   76  hold one public meeting in each of the regions described in s.
   77  409.966(2), and the time period for public comment for each
   78  region shall end no sooner than 30 days after the completion of
   79  the public meeting in that region. The agency shall submit any
   80  state plan amendments, new waiver requests, or waiver amendment
   81  requests for extensions or expansions for existing waivers,
   82  needed to implement or modify the managed care program resulting
   83  from legislative action within 60 days after such legislation
   84  becomes law by August 1, 2011.
   85         Section 4. Paragraph (h) is added to subsection (1) of
   86  section 409.972, Florida Statutes, to read:
   87         409.972 Mandatory and voluntary enrollment.—
   88         (1) The following Medicaid-eligible persons are exempt from
   89  mandatory managed care enrollment required by s. 409.965, and
   90  may voluntarily choose to participate in the managed medical
   91  assistance program:
   92         (h) Persons eligible under s. 409.903(9) who qualify as
   93  “medically frail” pursuant to s. 1937(a)(2)(B) of the Social
   94  Security Act and 42 C.F.R. s. 440.315.
   95         Section 5. Subsection (1) of section 409.973, Florida
   96  Statutes, is amended, and subsection (5) is added to that
   97  section, to read:
   98         409.973 Benefits.—
   99         (1) MINIMUM BENEFITS.—Except as provided in subsection (5),
  100  managed care plans shall cover, at a minimum, the following
  101  services:
  102         (a) Advanced registered nurse practitioner services.
  103         (b) Ambulatory surgical treatment center services.
  104         (c) Birthing center services.
  105         (d) Chiropractic services.
  106         (e) Dental services.
  107         (f) Early periodic screening diagnosis and treatment
  108  services for recipients under age 21.
  109         (g) Emergency services.
  110         (h) Family planning services and supplies. Pursuant to 42
  111  C.F.R. s. 438.102, plans may elect to not provide these services
  112  due to an objection on moral or religious grounds, and must
  113  notify the agency of that election when submitting a reply to an
  114  invitation to negotiate.
  115         (i) Healthy start services, except as provided in s.
  116  409.975(4).
  117         (j) Hearing services.
  118         (k) Home health agency services.
  119         (l) Hospice services.
  120         (m) Hospital inpatient services.
  121         (n) Hospital outpatient services.
  122         (o) Laboratory and imaging services.
  123         (p) Medical supplies, equipment, prostheses, and orthoses.
  124         (q) Mental health services.
  125         (r) Nursing care.
  126         (s) Optical services and supplies.
  127         (t) Optometrist services.
  128         (u) Physical, occupational, respiratory, and speech therapy
  129  services.
  130         (v) Physician services, including physician assistant
  131  services.
  132         (w) Podiatric services.
  133         (x) Prescription drugs.
  134         (y) Renal dialysis services.
  135         (z) Respiratory equipment and supplies.
  136         (aa) Rural health clinic services.
  137         (bb) Substance abuse treatment services.
  138         (cc) Transportation to access covered services.
  139         (5) ALTERNATIVE BENEFIT PLANS.—Managed care plans that
  140  provide coverage for enrollees who are eligible for Medicaid
  141  under s. 409.903(9) shall cover services for such enrollees in
  142  accordance with s. 1937 of the Social Security Act and 42 C.F.R.
  143  part 440, subpart C. The set of services covered by such plans
  144  may be established in accordance with this section to the extent
  145  that those services do not create a conflict with any
  146  requirement established by federal law or regulation from which
  147  the state has not obtained a federal waiver.
  148         Section 6. Subsection (6) is added to section 409.974,
  149  Florida Statutes, to read:
  150         409.974 Eligible plans.—
  151         (6) SUPPLEMENTAL PLAN SELECTION.—The agency shall select
  152  eligible plans to serve persons who become eligible for Medicaid
  153  under s. 409.903(9) in the managed medical assistance program
  154  through a supplemental selection process. The selection process
  155  shall be completed in two phases, as follows:
  156         (a) Each managed care plan already under contract with the
  157  agency under the managed medical assistance program pursuant to
  158  s. 409.971 shall be offered first right of refusal to provide
  159  services to persons who become eligible for Medicaid under s.
  160  409.903(9) for the remainder of the current term of such
  161  contract. Notwithstanding s. 409.976(1), the agency shall
  162  propose prepaid payment rates for inclusion with its offer.
  163         (b) For any region in which the agency determines that the
  164  enrollment capacity of the eligible plans selected and approved
  165  as described in paragraph (a) would not continuously provide the
  166  projected number of enrollees in that region with a choice of at
  167  least two plans, the agency shall select additional eligible
  168  plans using the procurement process described in s. 409.966. The
  169  capacity of any specialty plans in the region shall be excluded
  170  from consideration in the agency’s determination. The agency
  171  shall provide notice of any invitations to negotiate by July 1,
  172  2016.
  173         Section 7. This act shall take effect upon becoming a law.