Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1084 Ì224896XÎ224896 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/26/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Trumbull) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 409.9855, Florida Statutes, is created 6 to read: 7 409.9855 Pilot program for individuals with developmental 8 disabilities.— 9 (1) PILOT PROGRAM IMPLEMENTATION.— 10 (a) Using a managed care model, the agency shall implement 11 a pilot program for individuals with developmental disabilities 12 in Statewide Medicaid Managed Care Regions D and I to provide 13 coverage of comprehensive services. 14 (b) The agency may seek federal approval through a state 15 plan amendment or Medicaid waiver as necessary to implement the 16 pilot program. The agency shall submit a request for any federal 17 approval needed to implement the pilot program by September 1, 18 2023. 19 (c) Pursuant to s. 409.963, the agency shall administer the 20 pilot program but shall delegate specific duties and 21 responsibilities for the pilot program to the Agency for Persons 22 with Disabilities. 23 (d) The agency shall make payments for comprehensive 24 services, including community-based services described in s. 25 393.066(3) and approved through the state’s home and community 26 based services Medicaid waiver program for individuals with 27 developmental disabilities, using a managed care model. Unless 28 otherwise specified, ss. 409.961-409.969 apply to the pilot 29 program. 30 (e) The agency shall evaluate the feasibility of statewide 31 implementation of the capitated managed care model used by the 32 pilot program to serve individuals with developmental 33 disabilities. 34 (2) ELIGIBILITY; VOLUNTARY ENROLLMENT; DISENROLLMENT.— 35 (a) Participation in the pilot program is voluntary and 36 limited to the maximum number of enrollees specified in the 37 General Appropriations Act. Enrollment in the pilot program does 38 not automatically entitle individuals to any other services 39 under chapter 393. 40 (b) The Agency for Persons with Disabilities shall approve 41 a needs assessment methodology to determine functional, 42 behavioral, and physical needs of prospective enrollees. This 43 assessment methodology may be administered by persons who have 44 completed such training as may be offered by the agency. 45 Eligibility to participate in the pilot program is determined 46 based on the following criteria: 47 1. Whether the individual is eligible for Medicaid. 48 2. Whether the individual is 18 years of age or older and 49 is on the waiting list for iBudget waiver services under chapter 50 393 and assigned to one of categories 1 through 6 as specified 51 in s. 393.065(5); and 52 3. Whether the individual resides in a pilot program 53 region. 54 (c) Notwithstanding any provisions of s. 393.065 to the 55 contrary and subject to the availability of funds, the agency, 56 in consultation with the Agency for Persons with Disabilities, 57 shall make offers for enrollment to eligible individuals. Before 58 making enrollment offers, the agency shall determine that 59 sufficient funds exist to support additional enrollment into 60 plans. The agency, in consultation with the Agency for Persons 61 with Disabilities, shall ensure that a statistically valid 62 population is sampled to participate in the pilot program. The 63 agency shall make enrollment offers and use clinical eligibility 64 criteria that ensure that pilot program sites have sufficient 65 diversity of enrollment to conduct a statistically valid test of 66 the managed care pilot program within a 3-year timeframe. 67 (d) Notwithstanding any provisions of s. 393.065 to the 68 contrary, an enrollee must be afforded an opportunity to enroll 69 in any appropriate existing Medicaid waiver program if any of 70 the following conditions occur: 71 1. At any point during the operation of the pilot program, 72 an enrollee declares an intent to voluntarily disenroll, 73 provided that he or she has been covered for the entire previous 74 plan year by the pilot program. 75 2. At any point during the operation of the pilot program, 76 the plan does not have sufficient enrollees to appropriately 77 provide adequate services to its enrollees. 78 3. Cessation of the pilot program. 79 80 The Agency for Persons with Disabilities shall develop rules to 81 implement this subsection to ensure that an enrollee receives an 82 individualized transition plan to assist him or her in accessing 83 sufficient services and supports for the enrollee’s safety, 84 well-being, and continuity of care. 85 (3) PILOT PROGRAM BENEFITS.— 86 (a) Plans participating in the pilot program must, at a 87 minimum, cover the following: 88 1. All benefits included in s. 409.973. 89 2. All benefits included in s. 409.98. 90 3. All benefits included in s. 393.066(3), and all of the 91 following: 92 a. Adult day training. 93 b. Behavior analysis services. 94 c. Behavior assistant services. 95 d. Companion services. 96 e. Consumable medical supplies. 97 f. Dietitian services. 98 g. Durable medical equipment and supplies. 99 h. Environmental accessibility adaptations. 100 i. Occupational therapy. 101 j. Personal emergency response systems. 102 k. Personal supports. 103 l. Physical therapy. 104 m. Prevocational services. 105 n. Private duty nursing. 106 o. Residential habilitation, including the following 107 levels: 108 (I) Standard level. 109 (II) Behavior-focused level. 110 (III) Intensive-behavior level. 111 (IV) Enhanced intensive-behavior level. 112 p. Residential nursing services. 113 q. Respiratory therapy. 114 r. Respite care. 115 s. Skilled nursing. 116 t. Specialized medical home care. 117 u. Specialized mental health counseling. 118 v. Speech therapy. 119 w. Support coordination. 120 x. Supported employment. 121 y. Supported living coaching. 122 z. Transportation. 123 (b) All providers of the services listed under paragraph 124 (a) must meet the provider qualifications outlined in the 125 Florida Medicaid Developmental Disabilities Individual Budgeting 126 Waiver Services Coverage and Limitations Handbook as adopted by 127 reference in rule 59G-13.070, Florida Administrative Code. 128 (c) Support coordination services must maximize the use of 129 natural supports and community partnerships. 130 (d) The plans participating in the pilot program must 131 provide all categories of benefits through a single, integrated 132 model of care. 133 (e) Services must be provided to enrollees in accordance 134 with an individualized care plan in consultation with the Agency 135 for Persons with Disabilities which is evaluated and updated at 136 least quarterly and as warranted by changes in an enrollee’s 137 circumstances. 138 (4) ELIGIBLE PLANS; PLAN SELECTION.— 139 (a) To be eligible to participate in the pilot program, a 140 plan must have been awarded a contract to provide long-term care 141 services pursuant to s. 409.981 as a result of an invitation to 142 negotiate. 143 (b) The agency shall select, as provided in s. 287.057(1), 144 one plan to participate in the pilot program for each of the two 145 regions. The director of the Agency for Persons with 146 Disabilities or his or her designee must be a member of the 147 negotiating team. 148 1. The invitation to negotiate must specify the criteria 149 and the relative weight assigned to each criterion that will be 150 used for determining the acceptability of submitted responses 151 and guiding the selection of the plans with which the agency and 152 the Agency for Persons with Disabilities negotiate. In addition 153 to any other criteria established by the agency, in consultation 154 with the Agency for Persons with Disabilities, the agency shall 155 consider the following factors in the selection of eligible 156 plans: 157 a. Experience serving similar populations, including the 158 plan’s record in achieving specific quality standards with 159 similar populations. 160 b. Establishment of community partnerships with providers 161 which create opportunities for reinvestment in community-based 162 services. 163 c. Provision of additional benefits, particularly 164 behavioral health services, the coordination of dental care, and 165 other initiatives that improve overall well-being. 166 d. Provision of and capacity to provide mental health 167 therapies and analysis designed to meet the needs of individuals 168 with developmental disabilities. 169 e. Evidence that an eligible plan has written agreements or 170 signed contracts or has made substantial progress in 171 establishing relationships with providers before submitting its 172 response. 173 f. Experience in the provision of person-centered planning 174 as described in 42 C.F.R. s. 441.301(c)(1). 175 g. Experience in robust provider development programs that 176 result in increased availability of Medicaid providers to serve 177 the developmental disabilities community. 178 2. After negotiations are conducted, the agency shall 179 select the eligible plans that are determined to be responsive 180 and provide the best value to the state. Preference must be 181 given to plans that: 182 a. Have signed contracts in sufficient numbers to meet the 183 specific standards established under s. 409.967(2)(c), including 184 contracts for personal supports, skilled nursing, residential 185 habilitation, adult day training, mental health services, 186 respite care, companion services, and supported employment, as 187 those services are defined in the Florida Medicaid Developmental 188 Disabilities Individual Budgeting Waiver Services Coverage and 189 Limitations Handbook as adopted by reference in rule 59G-13.070, 190 Florida Administrative Code. 191 b. Have well-defined programs for recognizing patient 192 centered medical homes and providing increased compensation to 193 recognized medical homes, as defined by the plan. 194 c. Have well-defined programs related to person-centered 195 planning as described in 42 C.F.R. s. 441.301(c)(1). 196 d. Have robust and innovative programs for provider 197 development and collaboration with the Agency for Persons with 198 Disabilities. 199 (5) PAYMENT.— 200 (a) The selected plans must receive a per-member, per-month 201 payment based on a rate developed specifically for the unique 202 needs of the developmentally disabled population. 203 (b) The agency must ensure that the rate for the integrated 204 system is actuarially sound. 205 (c) The revenues and expenditures of the selected plan 206 which are associated with the implementation of the pilot 207 program must be included in the reporting and regulatory 208 requirements established in s. 409.967(3). 209 (6) PROGRAM IMPLEMENTATION AND EVALUATION.— 210 (a) Full implementation of the pilot program shall occur 211 concurrent to the contracts awarded, pursuant to s. 409.966, for 212 the provision of managed medical assistance and long-term care 213 services. 214 (b) Upon implementation of the program, the agency, in 215 consultation with the Agency for Persons with Disabilities, 216 shall conduct audits of the selected plans’ implementation of 217 person-centered planning. 218 (c) The agency, in consultation with the Agency for Persons 219 with Disabilities, shall submit progress reports to the 220 Governor, the President of the Senate, and the Speaker of the 221 House of Representatives upon the federal approval, 222 implementation, and operation of the pilot program, as follows: 223 1. By December 31, 2023, a status report on progress made 224 toward federal approval of the waiver or waiver amendment needed 225 to implement the pilot program. 226 2. By December 31, 2024, a status report on progress made 227 toward full implementation of the pilot program. 228 3. By December 31, 2025, and annually thereafter, a status 229 report on the operation of the pilot program, including, but not 230 limited to, all of the following: 231 a. Program enrollment, including the number and 232 demographics of enrollees, statistically reflecting the 233 diversity of enrollees. 234 b. Any complaints received. 235 c. Access to approved services. 236 (d) The agency, in consultation with the Agency for Persons 237 with Disabilities, shall establish specific measures of access, 238 quality, and costs of the pilot program. The agency may contract 239 with an independent evaluator to conduct such evaluation. The 240 evaluation must include assessments of cost savings; consumer 241 education, choice, and access to services; plans for future 242 capacity and the enrollment of new Medicaid providers; 243 coordination of care; person-centered planning and person 244 centered well-being outcomes; health and quality-of-life 245 outcomes; and quality of care by each eligibility category and 246 managed care plan in each pilot program site. The evaluation 247 must describe any administrative or legal barriers to the 248 implementation and operation of the pilot program in each 249 region. 250 1. The agency, in consultation with the Agency for Persons 251 with Disabilities, shall conduct quality assurance monitoring of 252 the pilot program to include client satisfaction with services, 253 client health and safety outcomes, client well-being outcomes, 254 and service delivery in accordance with the client’s care plan. 255 2. The agency shall submit the results of the evaluation to 256 the Governor, the President of the Senate, and the Speaker of 257 the House of Representatives by October 1, 2029. 258 (7) MANAGED CARE PLAN ACCOUNTABILITY.— 259 (a) In addition to the requirements of ss. 409.967, 260 409.975, and 409.982, plans participating in the pilot program 261 must have provider capacity within a maximum travel distance for 262 clients to services for specialized therapies, adult day 263 training, and prevocational training, for clients, as follows: 264 1. For urban areas, 15 miles travel distance for clients; 265 and 266 2. For rural areas, 30 miles travel distance for clients. 267 (b) Plans participating in the pilot program must consult 268 with the Agency for Persons with Disabilities before placing an 269 enrollee of the pilot program in a group home licensed by the 270 Agency for Persons with Disabilities. 271 (8) REPEAL.—This section shall be repealed October 2, 2029, 272 after submission of the evaluation pursuant to paragraph (6)(d), 273 unless reviewed and saved from repeal through reenactment by the 274 Legislature. 275 Section 2. Section 409.961, Florida Statutes, is amended to 276 read: 277 409.961 Statutory construction; applicability; rules.—It is 278 the intent of the Legislature that if any conflict exists 279 between the provisions contained in this part and in other parts 280 of this chapter, the provisions in this part control. Sections 281 409.961-409.9855409.961-409.985apply only to the Medicaid 282 managed medical assistance program, theandlong-term care 283 managed care program, and the pilot program for individuals with 284 developmental disabilities, as provided in this part. The agency 285 shall adopt any rules necessary to comply with or administer 286 this part and all rules necessary to comply with federal 287 requirements. In addition, the department shall adopt and accept 288 the transfer of any rules necessary to carry out the 289 department’s responsibilities for receiving and processing 290 Medicaid applications and determining Medicaid eligibility and 291 for ensuring compliance with and administering this part, as 292 those rules relate to the department’s responsibilities, and any 293 other provisions related to the department’s responsibility for 294 the determination of Medicaid eligibility. Contracts with the 295 agency and a person or entity, including Medicaid providers and 296 managed care plans, necessary to administer the Medicaid program 297 are not rules and are not subject to chapter 120. 298 Section 3. (1) For a plan to be selected to participate in 299 the pilot program for individuals with developmental 300 disabilities pursuant to s. 409.9855, Florida Statutes, as 301 created by this act, the plan must have been awarded a contract 302 as a result of the invitation to negotiate, ITN-04836, for 303 Statewide Medicaid Managed Care Program which was issued on 304 April 11, 2023. 305 (2) The pilot program for individuals with developmental 306 disabilities pursuant to s. 409.9855, Florida Statutes, as 307 created by this act, shall be implemented in Statewide Medicaid 308 Managed Care Regions D and I. 309 Section 4. This act shall take effect upon becoming a law. 310 311 ================= T I T L E A M E N D M E N T ================ 312 And the title is amended as follows: 313 Delete everything before the enacting clause 314 and insert: 315 A bill to be entitled 316 An act relating to the pilot program for individuals 317 with developmental disabilities; creating s. 409.9855, 318 F.S.; requiring the Agency for Health Care 319 Administration to implement a pilot program for 320 individuals with developmental disabilities in 321 specified Statewide Medicaid Managed Care regions to 322 provide coverage of comprehensive services; 323 authorizing the agency to seek federal approval as 324 needed to implement the program; requiring the agency 325 to submit such request by a specified date; requiring 326 the agency to administer the pilot program but 327 delegate specified duties to the Agency for Persons 328 with Disabilities; requiring the Agency for Health 329 Care Administration to make payments for comprehensive 330 services under the pilot program using a managed care 331 model; providing applicability; requiring the Agency 332 for Health Care Administration to evaluate the 333 feasibility of implementing the pilot program 334 statewide; providing that participation in the pilot 335 program is voluntary and subject to specific 336 appropriation; providing construction; requiring the 337 Agency for Persons with Disabilities to approve a 338 needs assessment methodology for prospective 339 enrollees; providing enrollment eligibility 340 requirements; requiring the Agency for Health Care 341 Administration, in consultation with the Agency for 342 Persons with Disabilities, to make offers for 343 enrollment to eligible individuals within specified 344 parameters; requiring that enrollees be afforded an 345 opportunity to enroll in any appropriate existing 346 Medicaid waiver program under certain circumstances; 347 requiring the Agency for Persons with Disabilities to 348 adopt certain rules; requiring participating plans to 349 cover specified benefits; providing additional 350 requirements for the provision of benefits by 351 participating plans under the pilot program; providing 352 eligibility requirements for plans; providing a 353 selection process; requiring the Agency for Health 354 Care Administration to give preference to certain 355 plans; requiring that plan payments be based on rates 356 specifically developed for a certain population; 357 requiring the Agency for Health Care Administration to 358 ensure that the rate be actuarially sound; requiring 359 that the revenues and expenditures of the selected 360 plan be included in specified reporting and regulatory 361 requirements; providing that implementation of the 362 program shall occur concurrently with other specified 363 services; requiring the Agency for Health Care 364 Administration, in consultation with the Agency for 365 Persons with Disabilities, to conduct certain audits 366 of the selected plans and submit specified progress 367 reports to the Governor and the Legislature by 368 specified dates throughout the program approval and 369 implementation process; providing requirements for the 370 respective reports; requiring the Agency for Health 371 Care Administration, in consultation with the Agency 372 for Persons with Disabilities, to conduct an 373 evaluation of the pilot program; authorizing the 374 Agency for Health Care Administration to contract with 375 an independent evaluator to conduct such evaluation; 376 providing requirements for the evaluation; requiring 377 the Agency for Health Care Administration, in 378 consultation with the Agency for Persons with 379 Disabilities, to conduct quality assurance monitoring 380 of the pilot program; requiring the Agency for Health 381 Care Administration to submit the results of the 382 evaluation to the Governor and the Legislature by a 383 specified date; requiring participating plans to 384 maintain specified provider capacity limits; requiring 385 participating plans to consult with the Agency for 386 Persons with Disabilities before placing a pilot 387 program enrollee in certain group homes; providing for 388 the future repeal of the pilot program; amending s. 389 409.961, F.S.; conforming a provision to changes made 390 by the act; requiring that plans selected to 391 participate in the pilot program be plans awarded a 392 contract as a result of a specified invitation to 393 negotiate; requiring that the pilot program be 394 implemented in specified Statewide Medicaid Managed 395 Care regions; providing an effective date. 396 397 WHEREAS, the mission of the Agency for Persons with 398 Disabilities is developing community-based programs and services 399 for individuals with developmental disabilities and working with 400 private businesses, not-for-profit corporations, units of local 401 government, and other organizations capable of providing needed 402 services to clients to promote their living, learning, and 403 working as part of their communities, and 404 WHEREAS, the Agency for Persons with Disabilities advances 405 that mission through the iBudget waiver, which is designed to 406 promote and maintain the health of eligible individuals with 407 developmental disabilities, to provide medically necessary 408 supports and services to delay or prevent institutionalization, 409 and to foster the principles and appreciation of self 410 determination, and 411 WHEREAS, the Legislature intends for a comprehensive and 412 coordinated service delivery system for individuals with 413 developmental disabilities which includes all services specified 414 in ss. 393.066(3), 409.973, and 409.98, Florida Statutes, and 415 the state’s home and community-based services Medicaid waiver 416 program, and 417 WHEREAS, the Legislature further intends that such service 418 delivery system ensure consumer education and choice, including 419 choice of provider, location of living setting, location of 420 services, and scheduling of services and supports; access to 421 care coordination services; local access to medically necessary 422 services; coordination of preventative, acute, and long-term 423 care and home and community-based services; reduction in 424 unnecessary service utilization; provision of habilitative and 425 rehabilitative services; and adherence to person-centered 426 planning as described in 42 C.F.R. s. 441.301(c)(1), and 427 WHEREAS, Florida continues to look for multiple innovative 428 pathways to serve individuals with developmental disabilities 429 and their families, including expanding the continuum of care to 430 provide a robust and stable system that is a reliable provider 431 of services for individuals with developmental disabilities to 432 promote a comprehensive state of thriving in daily living, 433 community integration, and goal-based achievement, NOW, 434 THEREFORE,