Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for HB 81
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .            Floor: C            
             03/10/2020 01:49 PM       .      03/12/2020 12:50 PM       

       Senator Montford moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) is added to subsection (3) of
    6  section 383.14, Florida Statutes, to read:
    7         383.14 Screening for metabolic disorders, other hereditary
    8  and congenital disorders, and environmental risk factors.—
    9         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
   10  shall administer and provide certain services to implement the
   11  provisions of this section and shall:
   12         (i)Create and make available electronically a pamphlet
   13  with information on screening for, and the treatment of,
   14  preventable infant and childhood eye and vision disorders,
   15  including, but not limited to, retinoblastoma and amblyopia.
   17  All provisions of this subsection must be coordinated with the
   18  provisions and plans established under this chapter, chapter
   19  411, and Pub. L. No. 99-457.
   20         Section 2. Paragraph (i) is added to subsection (3) of
   21  section 383.318, Florida Statutes, to read:
   22         383.318 Postpartum care for birth center clients and
   23  infants.—
   24         (3) The birth center shall provide a postpartum evaluation
   25  and followup care that includes all of the following:
   26         (i) Provision of the informational pamphlet on infant and
   27  childhood eye and vision disorders created by the department
   28  pursuant to s. 383.14(3)(i).
   29         Section 3. Section 395.1053, Florida Statutes, is amended
   30  to read:
   31         395.1053 Postpartum education.—A hospital that provides
   32  birthing services shall incorporate information on safe sleep
   33  practices and the possible causes of Sudden Unexpected Infant
   34  Death into the hospital’s postpartum instruction on the care of
   35  newborns and provide to each parent the informational pamphlet
   36  on infant and childhood eye and vision disorders created by the
   37  department pursuant to s. 383.14(3)(i).
   38         Section 4. Section 456.0496, Florida Statutes, is created
   39  to read:
   40         456.0496 Provision of information to parents during planned
   41  out-of-hospital births.—A health care practitioner who attends
   42  an out-of-hospital birth must ensure that the informational
   43  pamphlet on infant and childhood eye and vision disorders
   44  created by the department pursuant to s. 383.14(3)(i) is
   45  provided to each parent after such a birth.
   46         Section 5. Subsection (1), paragraph (b) of subsection (2),
   47  and subsection (6) of section 409.9071, Florida Statutes, are
   48  amended to read:
   49         409.9071 Medicaid provider agreements for school districts
   50  certifying state match.—
   51         (1) The agency shall reimburse school-based services as
   52  provided in ss. 409.908(21) and 1011.70 former s. 236.0812
   53  pursuant to the rehabilitative services option provided under 42
   54  U.S.C. s. 1396d(a)(13). For purposes of this section, billing
   55  agent consulting services are shall be considered billing agent
   56  services, as that term is used in s. 409.913(10), and, as such,
   57  payments to such persons may shall not be based on amounts for
   58  which they bill nor based on the amount a provider receives from
   59  the Medicaid program. This provision may shall not restrict
   60  privatization of Medicaid school-based services. Subject to any
   61  limitations provided for in the General Appropriations Act, the
   62  agency, in compliance with appropriate federal authorization,
   63  shall develop policies and procedures and shall allow for
   64  certification of state and local education funds that which have
   65  been provided for school-based services as specified in s.
   66  1011.70 and authorized by a physician’s order where required by
   67  federal Medicaid law. Any state or local funds certified
   68  pursuant to this section shall be for children with specified
   69  disabilities who are eligible for both Medicaid and part B or
   70  part H of the Individuals with Disabilities Education Act
   71  (IDEA), or the exceptional student education program, or who
   72  have an individualized educational plan.
   73         (2) School districts that wish to enroll as Medicaid
   74  providers and that certify state match in order to receive
   75  federal Medicaid reimbursements for services, pursuant to
   76  subsection (1), shall agree to:
   77         (b) Develop and maintain the financial and other student
   78  individual education plan records needed to document the
   79  appropriate use of state and federal Medicaid funds.
   80         (6) Retroactive reimbursements for services as specified in
   81  former s. 236.0812 as of July 1, 1996, including reimbursement
   82  for the 1995-1996 and 1996-1997 school years, are subject to
   83  federal approval.
   84         Section 6. Subsection (21) of section 409.908, Florida
   85  Statutes, is amended to read:
   86         409.908 Reimbursement of Medicaid providers.—Subject to
   87  specific appropriations, the agency shall reimburse Medicaid
   88  providers, in accordance with state and federal law, according
   89  to methodologies set forth in the rules of the agency and in
   90  policy manuals and handbooks incorporated by reference therein.
   91  These methodologies may include fee schedules, reimbursement
   92  methods based on cost reporting, negotiated fees, competitive
   93  bidding pursuant to s. 287.057, and other mechanisms the agency
   94  considers efficient and effective for purchasing services or
   95  goods on behalf of recipients. If a provider is reimbursed based
   96  on cost reporting and submits a cost report late and that cost
   97  report would have been used to set a lower reimbursement rate
   98  for a rate semester, then the provider’s rate for that semester
   99  shall be retroactively calculated using the new cost report, and
  100  full payment at the recalculated rate shall be effected
  101  retroactively. Medicare-granted extensions for filing cost
  102  reports, if applicable, shall also apply to Medicaid cost
  103  reports. Payment for Medicaid compensable services made on
  104  behalf of Medicaid eligible persons is subject to the
  105  availability of moneys and any limitations or directions
  106  provided for in the General Appropriations Act or chapter 216.
  107  Further, nothing in this section shall be construed to prevent
  108  or limit the agency from adjusting fees, reimbursement rates,
  109  lengths of stay, number of visits, or number of services, or
  110  making any other adjustments necessary to comply with the
  111  availability of moneys and any limitations or directions
  112  provided for in the General Appropriations Act, provided the
  113  adjustment is consistent with legislative intent.
  114         (21) The agency shall reimburse school districts that which
  115  certify the state match pursuant to ss. 409.9071 and 1011.70 for
  116  the federal portion of the school district’s allowable costs to
  117  deliver the services, based on the reimbursement schedule. The
  118  school district shall determine the costs for delivering
  119  services as authorized in ss. 409.9071 and 1011.70 for which the
  120  state match will be certified. Reimbursement of school-based
  121  providers is contingent on such providers being enrolled as
  122  Medicaid providers and meeting the qualifications contained in
  123  42 C.F.R. s. 440.110, unless otherwise waived by the United
  124  States Department of Health and Human Services federal Health
  125  Care Financing Administration. Speech therapy providers who are
  126  certified through the Department of Education pursuant to rule
  127  6A-4.0176, Florida Administrative Code, are eligible for
  128  reimbursement for services that are provided on school premises.
  129  Any employee of the school district who has been fingerprinted
  130  and has received a criminal background check in accordance with
  131  Department of Education rules and guidelines is shall be exempt
  132  from any agency requirements relating to criminal background
  133  checks.
  134         Section 7. Paragraph (a) of subsection (1) and subsection
  135  (3) of section 1002.391, Florida Statutes, are amended to read:
  136         1002.391 Auditory-oral education programs.—
  137         (1) As used in this section, the term:
  138         (a) “Auditory-oral education program” means a program that
  139  develops and relies solely on listening skills and uses an
  140  implant or assistive hearing device for the purpose of relying
  141  on speech and spoken language skills as the method of
  142  communication and uses faculty and supervisors certified as
  143  listening and spoken language specialists each day the child is
  144  in attendance.
  145         (3) The level of services shall be determined by the
  146  individual educational plan team or individualized family
  147  support plan team, which includes the child’s parent in
  148  accordance with the rules of the State Board of Education and a
  149  certified listening and spoken language specialist from the
  150  family’s chosen program. A child is eligible for services under
  151  this section until the end of the school year in which he or she
  152  reaches the age of 7 years or after grade 2, whichever comes
  153  first.
  154         Section 8. This act shall take effect July 1, 2020.
  156  ================= T I T L E  A M E N D M E N T ================
  157  And the title is amended as follows:
  158         Delete everything before the enacting clause
  159  and insert:
  160                        A bill to be entitled                      
  161         An act relating to health care for children; amending
  162         s. 383.14, F.S.; requiring the Department of Health to
  163         create and make available electronically a pamphlet
  164         with specified information; amending s. 383.318, F.S.;
  165         requiring birth centers to provide the informational
  166         pamphlet to clients during postpartum care; amending
  167         s. 395.1053, F.S.; requiring hospitals that provide
  168         birthing services to provide the informational
  169         pamphlet to parents during postpartum education;
  170         creating s. 456.0496, F.S.; requiring certain health
  171         care practitioners to ensure that the pamphlet is
  172         provided to parents after a planned out-of-hospital
  173         birth; amending s. 409.9071, F.S.; revising applicable
  174         provisions for the reimbursement of school-based
  175         services by the Agency for Health Care Administration
  176         to certain school districts; deleting a requirement
  177         specifying the use of certified state and local
  178         education funds for school-based services; conforming
  179         a provision to changes made by the act; deleting an
  180         obsolete provision; amending s. 409.908, F.S.;
  181         specifying the federal agency that may waive certain
  182         school-based provider qualifications; amending s.
  183         1002.391, F.S.; revising the definition for the term
  184         “auditory-oral education program”; requiring certain
  185         individual educational plan teams and individualized
  186         family support plan teams to include a specified
  187         specialist; providing an effective date.