ENROLLED 2022 Legislature CS for SB 1770 20221770er 1 2 An act relating to donor human milk bank services; 3 amending s. 409.906, F.S.; authorizing the Agency for 4 Health Care Administration to pay for donor human milk 5 bank services as an optional Medicaid service if 6 certain conditions are met; specifying coverage 7 requirements; requiring the agency to adopt rules; 8 authorizing the agency to seek federal approval; 9 amending s. 409.908, F.S.; adding donor human milk 10 bank services to the list of Medicaid services 11 authorized for reimbursement on a fee-for-service 12 basis; amending s. 409.973, F.S.; adding donor human 13 milk bank services to the list of minimum benefits 14 required to be covered by Medicaid managed care plans; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (28) is added to section 409.906, 20 Florida Statutes, to read: 21 409.906 Optional Medicaid services.—Subject to specific 22 appropriations, the agency may make payments for services which 23 are optional to the state under Title XIX of the Social Security 24 Act and are furnished by Medicaid providers to recipients who 25 are determined to be eligible on the dates on which the services 26 were provided. Any optional service that is provided shall be 27 provided only when medically necessary and in accordance with 28 state and federal law. Optional services rendered by providers 29 in mobile units to Medicaid recipients may be restricted or 30 prohibited by the agency. Nothing in this section shall be 31 construed to prevent or limit the agency from adjusting fees, 32 reimbursement rates, lengths of stay, number of visits, or 33 number of services, or making any other adjustments necessary to 34 comply with the availability of moneys and any limitations or 35 directions provided for in the General Appropriations Act or 36 chapter 216. If necessary to safeguard the state’s systems of 37 providing services to elderly and disabled persons and subject 38 to the notice and review provisions of s. 216.177, the Governor 39 may direct the Agency for Health Care Administration to amend 40 the Medicaid state plan to delete the optional Medicaid service 41 known as “Intermediate Care Facilities for the Developmentally 42 Disabled.” Optional services may include: 43 (28) DONOR HUMAN MILK BANK SERVICES.—The agency may pay for 44 the provision of donor human milk and human milk products 45 derived therefrom for inpatient use, for which a licensed 46 physician, nurse practitioner, physician assistant, or dietitian 47 has issued an order for an infant who is medically or physically 48 unable to receive maternal breast milk or to breastfeed or whose 49 mother is medically or physically unable to produce maternal 50 breast milk or breastfeed. Such infant must have a documented 51 birth weight of 1,800 grams or less; have a congenital or 52 acquired condition and be at high risk for developing a feeding 53 intolerance, necrotizing enterocolitis, or an infection; or 54 otherwise have a medical indication for a human milk diet. The 55 agency shall adopt rules that include, but are not limited to, 56 eligible providers of donor human milk and donor human milk 57 derivates. The agency may seek federal approval necessary to 58 implement this subsection. 59 Section 2. Present paragraphs (f) through (t) of subsection 60 (3) of section 409.908, Florida Statutes, are redesignated as 61 paragraphs (g) through (u), respectively, and a new paragraph 62 (f) is added to that subsection, to read: 63 409.908 Reimbursement of Medicaid providers.—Subject to 64 specific appropriations, the agency shall reimburse Medicaid 65 providers, in accordance with state and federal law, according 66 to methodologies set forth in the rules of the agency and in 67 policy manuals and handbooks incorporated by reference therein. 68 These methodologies may include fee schedules, reimbursement 69 methods based on cost reporting, negotiated fees, competitive 70 bidding pursuant to s. 287.057, and other mechanisms the agency 71 considers efficient and effective for purchasing services or 72 goods on behalf of recipients. If a provider is reimbursed based 73 on cost reporting and submits a cost report late and that cost 74 report would have been used to set a lower reimbursement rate 75 for a rate semester, then the provider’s rate for that semester 76 shall be retroactively calculated using the new cost report, and 77 full payment at the recalculated rate shall be effected 78 retroactively. Medicare-granted extensions for filing cost 79 reports, if applicable, shall also apply to Medicaid cost 80 reports. Payment for Medicaid compensable services made on 81 behalf of Medicaid-eligible persons is subject to the 82 availability of moneys and any limitations or directions 83 provided for in the General Appropriations Act or chapter 216. 84 Further, nothing in this section shall be construed to prevent 85 or limit the agency from adjusting fees, reimbursement rates, 86 lengths of stay, number of visits, or number of services, or 87 making any other adjustments necessary to comply with the 88 availability of moneys and any limitations or directions 89 provided for in the General Appropriations Act, provided the 90 adjustment is consistent with legislative intent. 91 (3) Subject to any limitations or directions provided for 92 in the General Appropriations Act, the following Medicaid 93 services and goods may be reimbursed on a fee-for-service basis. 94 For each allowable service or goods furnished in accordance with 95 Medicaid rules, policy manuals, handbooks, and state and federal 96 law, the payment shall be the amount billed by the provider, the 97 provider’s usual and customary charge, or the maximum allowable 98 fee established by the agency, whichever amount is less, with 99 the exception of those services or goods for which the agency 100 makes payment using a methodology based on capitation rates, 101 average costs, or negotiated fees. 102 (f) Donor human milk bank services. 103 Section 3. Present paragraphs (e) through (bb) of 104 subsection (1) of section 409.973, Florida Statutes, are 105 redesignated as paragraphs (f) through (cc), respectively, and a 106 new paragraph (e) is added to that subsection, to read: 107 409.973 Benefits.— 108 (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a 109 minimum, the following services: 110 (e) Donor human milk bank services. 111 Section 4. This act shall take effect July 1, 2022.