Florida Senate - 2025                                    SB 1060
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-01068-25                                           20251060__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid oversight; creating s.
    3         11.405, F.S.; establishing the Joint Legislative
    4         Committee on Medicaid Oversight within the Office of
    5         the Auditor General for specified purposes; providing
    6         for membership, subcommittees, and meetings of the
    7         committee; specifying duties of the committee;
    8         requiring the Auditor General and the Agency for
    9         Health Care Administration to enter into a data
   10         sharing agreement by a specified date; requiring the
   11         Auditor General to assist the committee; providing
   12         that the committee must be given access to certain
   13         records, papers, and documents; authorizing the
   14         committee to compel testimony and evidence according
   15         to specified provisions; providing for additional
   16         powers of the committee; providing that certain joint
   17         rules of the Legislature apply to the proceedings of
   18         the committee; requiring the agency to notify the
   19         committee of certain changes and provide a report of
   20         specified information to the committee; requiring the
   21         agency to submit a copy of certain reports to the
   22         committee; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 11.405, Florida Statutes, is created to
   27  read:
   28         11.405 Joint Legislative Committee on Medicaid Oversight.
   29  The Joint Legislative Committee on Medicaid Oversight is created
   30  within the Office of the Auditor General established under s.
   31  11.42 to ensure that the state Medicaid program is operating in
   32  accordance with the Legislature’s intent and to promote
   33  transparency and efficiency in government spending.
   34         (1)MEMBERSHIP; SUBCOMMITTEES; MEETINGS.—
   35         (a)The committee shall be composed of three members of the
   36  Senate appointed by the President of the Senate and three
   37  members of the House of Representatives appointed by the Speaker
   38  of the House of Representatives, with each member serving a 2
   39  year term. The chair and vice chair shall be appointed for 1
   40  year terms, with the appointments alternating between the
   41  President of the Senate and the Speaker of the House of
   42  Representatives. The chair and vice chair may not be members of
   43  the same house of the Legislature. If both the chair and vice
   44  chair are absent at any meeting, the members present must elect
   45  a temporary chair by a majority vote.
   46         (b)Members shall serve without compensation but may be
   47  reimbursed for per diem and travel expenses pursuant to s.
   48  112.061.
   49         (c)The chair may establish subcommittees as needed to
   50  fulfill the committee’s duties.
   51         (d)The committee shall convene at least twice a year, and
   52  as often as necessary to conduct its business as required under
   53  this section. Meetings may be held through teleconference or
   54  other electronic means.
   55         (2)COMMITTEE DUTIES.—
   56         (a)The committee shall evaluate all aspects of the state
   57  Medicaid program related to program financing, quality of care
   58  and health outcomes, administrative functions, and operational
   59  functions to ensure the program is providing transparency in the
   60  provision of health care plans and providers, ensuring access to
   61  quality health care services to Medicaid recipients, and
   62  providing stability to the state’s budget through a health care
   63  delivery system designed to contain costs.
   64         (b)The committee shall identify and recommend policies
   65  that limit Medicaid spending growth while improving health care
   66  outcomes for Medicaid recipients. In developing its
   67  recommendations, the committee shall do all of the following:
   68         1.Evaluate legislation for its long-term impact on the
   69  state Medicaid program.
   70         2.Review data submitted to the agency by the Medicaid
   71  managed care plans pursuant to statutory and contract
   72  requirements, including, but not limited to, timeliness of
   73  provider credentialing, timely payment of claims, rate of claim
   74  denials, prior authorizations for services, and consumer
   75  complaints.
   76         3.Review the Medicaid managed care plans’ encounter data,
   77  financials, and audits and the data used to calculate the plans’
   78  achieved savings rebates and medical loss ratios.
   79         4.Review data related to health outcomes of Medicaid
   80  recipients, including, but not limited to, Health Effectiveness
   81  Data and Information Set measures for each Medicaid managed care
   82  plan, each Medicaid managed care plan’s performance improvement
   83  projects, and outcome data related to all quality goals included
   84  in the Medicaid managed care organization contracts to improve
   85  quality for recipients.
   86         5.Identify any areas for improvement in statute and rule
   87  relating to the state Medicaid program.
   88         6.Develop a plan of action for the future of the state
   89  Medicaid program.
   90         (c)The committee may submit periodic reports, including
   91  recommendations, to the Legislature on issues related to the
   92  state Medicaid program and any affiliated programs.
   93         (3)COOPERATION.—
   94         (a)The Auditor General and the Agency for Health Care
   95  Administration shall enter into and maintain a data sharing
   96  agreement by July 1, 2025, to ensure the committee has full
   97  access to all data needed to fulfill its responsibilities.
   98         (b)The Auditor General shall assist the committee in its
   99  work by providing credentialed professional staff or consulting
  100  services, including, but not limited to, an actuary not
  101  associated with the state Medicaid program or any Medicaid
  102  managed care organization who currently has a contract with the
  103  state.
  104         (c)The committee, in the course of its official duties,
  105  must be given access to any relevant record, paper, or document
  106  in possession of a state agency, any political subdivision of
  107  the state, or any entity engaged in business or under contract
  108  with a state agency, and may compel the attendance and testimony
  109  of any state official or employee before the committee or secure
  110  any evidence as provided in s. 11.143. The committee shall also
  111  have any other powers conferred on it by joint rules of the
  112  Senate and the House of Representatives, and any joint rules of
  113  the Senate and the House of Representatives applicable to joint
  114  legislative committees apply to the proceedings of the committee
  115  under this section.
  116         (4)AGENCY REPORTS.—
  117         (a)Before implementing any change to the Medicaid managed
  118  care capitation rates, the Agency for Health Care Administration
  119  shall notify the committee of the change and appear before the
  120  committee to provide a report detailing the managed care
  121  capitation rates and administrative costs built into the
  122  capitation rates. The report must include the agency’s
  123  historical and projected Medicaid program expenditure and
  124  utilization trend rates by Medicaid program and service category
  125  for the rate year, an explanation of how the trend rates were
  126  calculated, and the policy decisions that were included in
  127  setting the capitation rates.
  128         (b)If the Agency for Health Care Administration or any
  129  division within the agency is required by law to report to the
  130  Legislature or to any legislative committee or subcommittee on
  131  matters relating to the state Medicaid program, the agency must
  132  also submit a copy of the report to the committee.
  133         Section 2. This act shall take effect upon becoming a law.