Florida Senate - 2025                             CS for SB 1060
       
       
        
       By the Appropriations Committee on Health and Human Services;
       and Senator Brodeur
       
       
       
       
       603-03589-25                                          20251060c1
    1                        A bill to be entitled                      
    2         An act relating to Medicaid oversight; amending s.
    3         1.01, F.S.; defining the term “Legislative Committee
    4         on Medicaid Oversight”; creating s. 11.405, F.S.;
    5         establishing the Joint Legislative Committee on
    6         Medicaid Oversight for specified purposes; providing
    7         for membership, subcommittees, and meetings of the
    8         committee; specifying duties of the committee;
    9         requiring the Auditor General and the Agency for
   10         Health Care Administration to enter into a data
   11         sharing agreement by a specified date; requiring the
   12         Auditor General to assist the committee; providing
   13         that the committee must be given access to certain
   14         records, papers, and documents; authorizing the
   15         committee to compel testimony and evidence according
   16         to specified provisions; providing for additional
   17         powers of the committee; providing that certain joint
   18         rules of the Legislature apply to the proceedings of
   19         the committee; requiring the agency to notify the
   20         committee of certain changes and provide a report of
   21         specified information to the committee; requiring the
   22         agency to submit a copy of certain reports to the
   23         committee; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (20) is added to section 1.01,
   28  Florida Statutes, to read:
   29         1.01 Definitions.—In construing these statutes and each and
   30  every word, phrase, or part hereof, where the context will
   31  permit:
   32         (20) The term “Legislative Committee on Medicaid Oversight”
   33  means a committee or committees designated by joint rule of the
   34  Legislature, by the President of the Senate or the Speaker of
   35  the House of Representatives, or by agreement between the
   36  President of the Senate and the Speaker of the House of
   37  Representatives.
   38         Section 2. Section 11.405, Florida Statutes, is created to
   39  read:
   40         11.405 Joint Legislative Committee on Medicaid Oversight.
   41  The Joint Legislative Committee on Medicaid Oversight is created
   42  to ensure that the state Medicaid program is operating in
   43  accordance with the Legislature’s intent and to promote
   44  transparency and efficiency in government spending.
   45         (1)MEMBERSHIP; SUBCOMMITTEES; MEETINGS.—
   46         (a)The committee shall be composed of five members of the
   47  Senate appointed by the President of the Senate and five members
   48  of the House of Representatives appointed by the Speaker of the
   49  House of Representatives, with each member serving a 2-year
   50  term. The chair and vice chair shall be appointed for 1-year
   51  terms, with the appointments alternating between the President
   52  of the Senate and the Speaker of the House of Representatives.
   53  The chair and vice chair may not be members of the same house of
   54  the Legislature. If both the chair and vice chair are absent at
   55  any meeting, the members present must elect a temporary chair by
   56  a majority vote.
   57         (b)Members shall serve without compensation but may be
   58  reimbursed for per diem and travel expenses pursuant to s.
   59  112.061.
   60         (c)The chair may establish subcommittees as needed to
   61  fulfill the committee’s duties.
   62         (d)The committee shall convene at least twice a year, and
   63  as often as necessary to conduct its business as required under
   64  this section. Meetings may be held through teleconference or
   65  other electronic means.
   66         (2)COMMITTEE DUTIES.—
   67         (a)The committee shall evaluate all aspects of the state
   68  Medicaid program related to program financing, quality of care
   69  and health outcomes, administrative functions, and operational
   70  functions to ensure the program is providing transparency in the
   71  provision of health care plans and providers, ensuring access to
   72  quality health care services to Medicaid recipients, and
   73  providing stability to the state’s budget through a health care
   74  delivery system designed to contain costs.
   75         (b)The committee shall identify and recommend policies
   76  that limit Medicaid spending growth while improving health care
   77  outcomes for Medicaid recipients. In developing its
   78  recommendations, the committee shall do all of the following:
   79         1.Evaluate legislation for its long-term impact on the
   80  state Medicaid program.
   81         2.Review data submitted to the agency by the Medicaid
   82  managed care plans pursuant to statutory and contract
   83  requirements, including, but not limited to, timeliness of
   84  provider credentialing, timely payment of claims, rate of claim
   85  denials, prior authorizations for services, and consumer
   86  complaints.
   87         3.Review the Medicaid managed care plans’ encounter data,
   88  financials, and audits and the data used to calculate the plans’
   89  achieved savings rebates and medical loss ratios.
   90         4.Review data related to health outcomes of Medicaid
   91  recipients, including, but not limited to, Health Effectiveness
   92  Data and Information Set measures for each Medicaid managed care
   93  plan, each Medicaid managed care plan’s performance improvement
   94  projects, and outcome data related to all quality goals included
   95  in the Medicaid managed care organization contracts to improve
   96  quality for recipients.
   97         5.Identify any areas for improvement in statute and rule
   98  relating to the state Medicaid program.
   99         6.Develop a plan of action for the future of the state
  100  Medicaid program.
  101         (c)The committee may submit periodic reports, including
  102  recommendations, to the Legislature on issues related to the
  103  state Medicaid program and any affiliated programs.
  104         (3)COOPERATION.—
  105         (a)The Auditor General and the Agency for Health Care
  106  Administration shall enter into and maintain a data sharing
  107  agreement by July 1, 2025, to ensure the committee has full
  108  access to all data needed to fulfill its responsibilities.
  109         (b)The Auditor General shall assist the committee in its
  110  work by providing credentialed professional staff or consulting
  111  services, including, but not limited to, an actuary not
  112  associated with the state Medicaid program or any Medicaid
  113  managed care organization who currently has a contract with the
  114  state.
  115         (c)The committee, in the course of its official duties,
  116  must be given access to any relevant record, paper, or document
  117  in possession of a state agency, any political subdivision of
  118  the state, or any entity engaged in business or under contract
  119  with a state agency, and may compel the attendance and testimony
  120  of any state official or employee before the committee or secure
  121  any evidence as provided in s. 11.143. The committee shall also
  122  have any other powers conferred on it by joint rules of the
  123  Senate and the House of Representatives, and any joint rules of
  124  the Senate and the House of Representatives applicable to joint
  125  legislative committees apply to the proceedings of the committee
  126  under this section.
  127         (4)AGENCY REPORTS.—
  128         (a)Before implementing any change to the Medicaid managed
  129  care capitation rates, the Agency for Health Care Administration
  130  shall notify the committee of the change and appear before the
  131  committee to provide a report detailing the managed care
  132  capitation rates and administrative costs built into the
  133  capitation rates. The report must include the agency’s
  134  historical and projected Medicaid program expenditure and
  135  utilization trend rates by Medicaid program and service category
  136  for the rate year, an explanation of how the trend rates were
  137  calculated, and the policy decisions that were included in
  138  setting the capitation rates.
  139         (b)If the Agency for Health Care Administration or any
  140  division within the agency is required by law to report to the
  141  Legislature or to any legislative committee or subcommittee on
  142  matters relating to the state Medicaid program, the agency must
  143  also submit a copy of the report to the committee.
  144         Section 3. This act shall take effect upon becoming a law.