Florida Senate - 2020                       CS for CS for SB 190
       By the Committees on Appropriations; and Health Policy; and
       Senators Montford, Harrell, Berman, Cruz, and Braynon
       576-04561-20                                           2020190c2
    1                        A bill to be entitled                      
    2         An act relating to health care for children; amending
    3         s. 383.14, F.S.; requiring the Department of Health to
    4         create and make available electronically a pamphlet
    5         with specified information; amending s. 383.318, F.S.;
    6         requiring birth centers to provide the informational
    7         pamphlet to clients during postpartum care; amending
    8         s. 395.1053, F.S.; requiring hospitals that provide
    9         birthing services to provide the informational
   10         pamphlet to parents during postpartum education;
   11         creating s. 456.0496, F.S.; requiring certain health
   12         care practitioners to ensure that the pamphlet is
   13         provided to parents after a planned out-of-hospital
   14         birth; amending s. 409.9071, F.S.; revising applicable
   15         provisions for the reimbursement of school-based
   16         services by the Agency for Health Care Administration
   17         to certain school districts; deleting a requirement
   18         specifying the use of certified state and local
   19         education funds for school-based services; conforming
   20         a provision to changes made by the act; deleting an
   21         obsolete provision; amending s. 409.908, F.S.;
   22         specifying the federal agency that may waive certain
   23         school-based provider qualifications; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraph (i) is added to subsection (3) of
   29  section 383.14, Florida Statutes, to read:
   30         383.14 Screening for metabolic disorders, other hereditary
   31  and congenital disorders, and environmental risk factors.—
   32         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
   33  shall administer and provide certain services to implement the
   34  provisions of this section and shall:
   35         (i)Create and make available electronically a pamphlet
   36  with information on screening for, and the treatment of,
   37  preventable infant and childhood eye and vision disorders,
   38  including, but not limited to, retinoblastoma and amblyopia.
   40  All provisions of this subsection must be coordinated with the
   41  provisions and plans established under this chapter, chapter
   42  411, and Pub. L. No. 99-457.
   43         Section 2. Paragraph (i) is added to subsection (3) of
   44  section 383.318, Florida Statutes, to read:
   45         383.318 Postpartum care for birth center clients and
   46  infants.—
   47         (3) The birth center shall provide a postpartum evaluation
   48  and followup care that includes all of the following:
   49         (i) Provision of the informational pamphlet on infant and
   50  childhood eye and vision disorders created by the department
   51  pursuant to s. 383.14(3)(i).
   52         Section 3. Section 395.1053, Florida Statutes, is amended
   53  to read:
   54         395.1053 Postpartum education.—A hospital that provides
   55  birthing services shall incorporate information on safe sleep
   56  practices and the possible causes of Sudden Unexpected Infant
   57  Death into the hospital’s postpartum instruction on the care of
   58  newborns and provide to each parent the informational pamphlet
   59  on infant and childhood eye and vision disorders created by the
   60  department pursuant to s. 383.14(3)(i).
   61         Section 4. Section 456.0496, Florida Statutes, is created
   62  to read:
   63         456.0496 Provision of information to parents during planned
   64  out-of-hospital births.—A health care practitioner who attends
   65  an out-of-hospital birth must ensure that the informational
   66  pamphlet on infant and childhood eye and vision disorders
   67  created by the department pursuant to s. 383.14(3)(i) is
   68  provided to each parent after such a birth.
   69         Section 5. Subsection (1), paragraph (b) of subsection (2),
   70  and subsection (6) of section 409.9071, Florida Statutes, are
   71  amended to read:
   72         409.9071 Medicaid provider agreements for school districts
   73  certifying state match.—
   74         (1) The agency shall reimburse school-based services as
   75  provided in ss. 409.908(21) and 1011.70 former s. 236.0812
   76  pursuant to the rehabilitative services option provided under 42
   77  U.S.C. s. 1396d(a)(13). For purposes of this section, billing
   78  agent consulting services are shall be considered billing agent
   79  services, as that term is used in s. 409.913(10), and, as such,
   80  payments to such persons may shall not be based on amounts for
   81  which they bill nor based on the amount a provider receives from
   82  the Medicaid program. This provision may shall not restrict
   83  privatization of Medicaid school-based services. Subject to any
   84  limitations provided for in the General Appropriations Act, the
   85  agency, in compliance with appropriate federal authorization,
   86  shall develop policies and procedures and shall allow for
   87  certification of state and local education funds that which have
   88  been provided for school-based services as specified in s.
   89  1011.70 and authorized by a physician’s order where required by
   90  federal Medicaid law. Any state or local funds certified
   91  pursuant to this section shall be for children with specified
   92  disabilities who are eligible for both Medicaid and part B or
   93  part H of the Individuals with Disabilities Education Act
   94  (IDEA), or the exceptional student education program, or who
   95  have an individualized educational plan.
   96         (2) School districts that wish to enroll as Medicaid
   97  providers and that certify state match in order to receive
   98  federal Medicaid reimbursements for services, pursuant to
   99  subsection (1), shall agree to:
  100         (b) Develop and maintain the financial and other student
  101  individual education plan records needed to document the
  102  appropriate use of state and federal Medicaid funds.
  103         (6) Retroactive reimbursements for services as specified in
  104  former s. 236.0812 as of July 1, 1996, including reimbursement
  105  for the 1995-1996 and 1996-1997 school years, are subject to
  106  federal approval.
  107         Section 6. Subsection (21) of section 409.908, Florida
  108  Statutes, is amended to read:
  109         409.908 Reimbursement of Medicaid providers.—Subject to
  110  specific appropriations, the agency shall reimburse Medicaid
  111  providers, in accordance with state and federal law, according
  112  to methodologies set forth in the rules of the agency and in
  113  policy manuals and handbooks incorporated by reference therein.
  114  These methodologies may include fee schedules, reimbursement
  115  methods based on cost reporting, negotiated fees, competitive
  116  bidding pursuant to s. 287.057, and other mechanisms the agency
  117  considers efficient and effective for purchasing services or
  118  goods on behalf of recipients. If a provider is reimbursed based
  119  on cost reporting and submits a cost report late and that cost
  120  report would have been used to set a lower reimbursement rate
  121  for a rate semester, then the provider’s rate for that semester
  122  shall be retroactively calculated using the new cost report, and
  123  full payment at the recalculated rate shall be effected
  124  retroactively. Medicare-granted extensions for filing cost
  125  reports, if applicable, shall also apply to Medicaid cost
  126  reports. Payment for Medicaid compensable services made on
  127  behalf of Medicaid eligible persons is subject to the
  128  availability of moneys and any limitations or directions
  129  provided for in the General Appropriations Act or chapter 216.
  130  Further, nothing in this section shall be construed to prevent
  131  or limit the agency from adjusting fees, reimbursement rates,
  132  lengths of stay, number of visits, or number of services, or
  133  making any other adjustments necessary to comply with the
  134  availability of moneys and any limitations or directions
  135  provided for in the General Appropriations Act, provided the
  136  adjustment is consistent with legislative intent.
  137         (21) The agency shall reimburse school districts that which
  138  certify the state match pursuant to ss. 409.9071 and 1011.70 for
  139  the federal portion of the school district’s allowable costs to
  140  deliver the services, based on the reimbursement schedule. The
  141  school district shall determine the costs for delivering
  142  services as authorized in ss. 409.9071 and 1011.70 for which the
  143  state match will be certified. Reimbursement of school-based
  144  providers is contingent on such providers being enrolled as
  145  Medicaid providers and meeting the qualifications contained in
  146  42 C.F.R. s. 440.110, unless otherwise waived by the United
  147  States Department of Health and Human Services federal Health
  148  Care Financing Administration. Speech therapy providers who are
  149  certified through the Department of Education pursuant to rule
  150  6A-4.0176, Florida Administrative Code, are eligible for
  151  reimbursement for services that are provided on school premises.
  152  Any employee of the school district who has been fingerprinted
  153  and has received a criminal background check in accordance with
  154  Department of Education rules and guidelines is shall be exempt
  155  from any agency requirements relating to criminal background
  156  checks.
  157         Section 7. This act shall take effect July 1, 2020.