Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1084
       
       
       
       
       
       
                                Ì224896XÎ224896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       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         409.9855Pilot 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  409.961-409.9855 409.961-409.985 apply only to the Medicaid
  282  managed medical assistance program, the and long-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,