Florida Senate - 2021 CS for SB 1242 By the Committee on Health Policy; and Senator Book 588-03330-21 20211242c1 1 A bill to be entitled 2 An act relating to the Program of All-Inclusive Care 3 for the Elderly; creating s. 430.84, F.S.; defining 4 terms; authorizing the Agency for Health Care 5 Administration, in consultation with the Department of 6 Elderly Affairs, to approve entities applying to 7 deliver PACE services in the state; requiring 8 applications to be reviewed and considered on a 9 continuous basis; requiring notice of applications to 10 be published in the Florida Administrative Register; 11 providing specified application requirements for such 12 prospective PACE organizations; requiring existing 13 PACE organizations to meet specified requirements 14 under certain circumstances; requiring prospective 15 PACE organizations to submit a complete application to 16 the agency and the Centers for Medicare and Medicaid 17 Services within a specified period; requiring that 18 PACE organizations meet certain federal and state 19 quality and performance standards; requiring the 20 agency to oversee and monitor the PACE program and 21 organizations; providing that a PACE organization is 22 exempt from certain requirements; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 430.84, Florida Statutes, is created to 28 read: 29 430.84 Program of All-Inclusive Care for the Elderly.— 30 (1) DEFINITIONS.—As used in this section, the term: 31 (a) “Agency” means the Agency for Health Care 32 Administration. 33 (b) “Applicant” means an entity that has filed an 34 application with the agency for consideration as a Program of 35 All-Inclusive Care for the Elderly (PACE) organization. 36 (c) “CMS” means the Centers for Medicare and Medicaid 37 Services within the United States Department of Health and Human 38 Services. 39 (d) “Department” means the Department of Elderly Affairs. 40 (e) “PACE organization” means an entity under contract with 41 the agency to deliver PACE services. 42 (f) “Participant” means an individual receiving services 43 from a PACE organization who has been determined by the 44 department to need the level of care required under the state 45 Medicaid plan for coverage of nursing facility services. 46 (2) PROGRAM CREATION.—The agency, in consultation with the 47 department, may approve entities that have submitted 48 applications required by the CMS to the agency for review and 49 consideration which contain the data and information required in 50 subsection (3) to provide benefits pursuant to the PACE program 51 as established in 42 U.S.C. s. 1395eee and in accordance with 52 the requirements set forth in this section. 53 (3) PACE ORGANIZATION SELECTION.—The agency, in 54 consultation with the department, shall, on a continuous basis, 55 review and consider applications required by the CMS for PACE 56 that have been submitted to the agency by entities seeking 57 initial, state approval to become PACE organizations. Notice of 58 such applications shall be published in the Florida 59 Administrative Register. 60 (a) A prospective PACE organization shall submit 61 application documents to the agency before requesting program 62 funding. Application documents submitted to and reviewed by the 63 agency, in consultation with the department, must include all of 64 the following: 65 1. Evidence that the applicant has the ability to meet all 66 of the applicable federal regulations and requirements, 67 established by the CMS, for participation as a PACE organization 68 by the proposed implementation date. 69 2. Market studies, including an estimate of the number of 70 potential participants and the geographic service area in which 71 the applicant proposes to serve. 72 3. A business plan of operation, including pro forma 73 financial statements and projections, based on the proposed 74 implementation date. 75 (b) Each applicant must propose to serve a unique and 76 defined geographic service area without duplication of services 77 or target populations. No more than one PACE organization may be 78 authorized to provide services within any unique and defined 79 geographic service area. 80 (c) An existing PACE organization seeking authority to 81 serve an additional geographic service area not previously 82 authorized by the agency or Legislature shall meet the 83 requirements set forth in paragraphs (a) and (b). 84 (d) Any prospective PACE organization that is granted 85 initial state approval by the agency, in consultation with the 86 department, shall submit its complete federal PACE application, 87 in accordance with the application process and guidelines 88 established by the CMS, to the agency and the CMS within 12 89 months after the date of initial state approval, or such 90 approval is void. 91 (4) ACCOUNTABILITY.—All PACE organizations must meet 92 specific quality and performance standards established by the 93 CMS and the state administering agency for the PACE program. The 94 agency shall oversee and monitor the PACE program and 95 organizations based upon data and reports periodically submitted 96 by PACE organizations to the agency and the CMS. A PACE 97 organization is exempt from the requirements of chapter 641. 98 Section 2. This act shall take effect July 1, 2021.