Florida Senate - 2025                                     SB 306
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-00489-25                                            2025306__
    1                        A bill to be entitled                      
    2         An act relating to managed care plan network access;
    3         amending s. 409.967, F.S.; requiring that the Agency
    4         for Health Care Administration include specified
    5         requirements in its contracts with Medicaid managed
    6         care plans; amending s. 409.975, F.S.; authorizing
    7         enrollees of Medicaid managed care plans to receive
    8         care from Medicaid providers not under contract with
    9         the plan under certain circumstances; requiring the
   10         plans to reimburse such providers at the applicable
   11         rates paid for such services under the plan; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (2) of section
   17  409.967, Florida Statutes, is amended to read:
   18         409.967 Managed care plan accountability.—
   19         (2) The agency shall establish such contract requirements
   20  as are necessary for the operation of the statewide managed care
   21  program. In addition to any other provisions the agency may deem
   22  necessary, the contract must require:
   23         (c) Access.—
   24         1. The agency shall establish specific standards for the
   25  number, type, and regional distribution of providers in managed
   26  care plan networks to ensure access to care for both adults and
   27  children. Each plan must maintain a regionwide network of
   28  providers in sufficient numbers to meet the access standards for
   29  specific medical services for all recipients enrolled in the
   30  plan. Plans must allow enrollees to receive care from Medicaid
   31  providers not under contract with the plan if an enrollee is
   32  unable to receive care from a participating provider under the
   33  plan in a timely manner consistent with a reasonable access
   34  standard, as determined by agency rule, or there is another
   35  appropriate Medicaid provider in a location more geographically
   36  accessible to the enrollee’s residence than those under the
   37  plan. The plan must reimburse the nonparticipating Medicaid
   38  providers for such services at the applicable Medicaid rate for
   39  such services under the plan. The exclusive use of mail-order
   40  pharmacies may not be sufficient to meet network access
   41  standards. Consistent with the standards established by the
   42  agency, provider networks may include providers located outside
   43  the region. Each plan must shall establish and maintain an
   44  accurate and complete electronic database of contracted
   45  providers, including information about licensure or
   46  registration, locations and hours of operation, specialty
   47  credentials and other certifications, specific performance
   48  indicators, and such other information as the agency deems
   49  necessary. The database must be available online to both the
   50  agency and the public and have the capability to compare the
   51  availability of providers to network adequacy standards and to
   52  accept and display feedback from each provider’s patients. Each
   53  plan must shall submit quarterly reports to the agency
   54  identifying the number of enrollees assigned to each primary
   55  care provider. The agency shall conduct, or contract for,
   56  systematic and continuous testing of the provider network
   57  databases maintained by each plan to confirm accuracy, confirm
   58  that behavioral health providers are accepting enrollees, and
   59  confirm that enrollees have access to behavioral health
   60  services.
   61         2. Each managed care plan must publish any prescribed drug
   62  formulary or preferred drug list on the plan’s website in a
   63  manner that is accessible to and searchable by enrollees and
   64  providers. The plan must update the list within 24 hours after
   65  making a change. Each plan must ensure that the prior
   66  authorization process for prescribed drugs is readily accessible
   67  to health care providers, including posting appropriate contact
   68  information on its website and providing timely responses to
   69  providers. For Medicaid recipients diagnosed with hemophilia who
   70  have been prescribed anti-hemophilic-factor replacement
   71  products, the agency shall provide for those products and
   72  hemophilia overlay services through the agency’s hemophilia
   73  disease management program.
   74         3. Managed care plans, and their fiscal agents or
   75  intermediaries, must accept prior authorization requests for any
   76  service electronically.
   77         4. Managed care plans serving children in the care and
   78  custody of the Department of Children and Families must maintain
   79  complete medical, dental, and behavioral health encounter
   80  information and participate in making such information available
   81  to the department or the applicable contracted community-based
   82  care lead agency for use in providing comprehensive and
   83  coordinated case management. The agency and the department shall
   84  establish an interagency agreement to provide guidance for the
   85  format, confidentiality, recipient, scope, and method of
   86  information to be made available and the deadlines for
   87  submission of the data. The scope of information available to
   88  the department is shall be the data that managed care plans are
   89  required to submit to the agency. The agency shall determine the
   90  plan’s compliance with standards for access to medical, dental,
   91  and behavioral health services; the use of medications; and
   92  follow-up followup on all medically necessary services
   93  recommended as a result of early and periodic screening,
   94  diagnosis, and treatment.
   95         Section 2. Paragraph (f) is added to subsection (1) of
   96  section 409.975, Florida Statutes, to read:
   97         409.975 Managed care plan accountability.—In addition to
   98  the requirements of s. 409.967, plans and providers
   99  participating in the managed medical assistance program shall
  100  comply with the requirements of this section.
  101         (1) PROVIDER NETWORKS.—Managed care plans must develop and
  102  maintain provider networks that meet the medical needs of their
  103  enrollees in accordance with standards established pursuant to
  104  s. 409.967(2)(c). Except as provided in this section, managed
  105  care plans may limit the providers in their networks based on
  106  credentials, quality indicators, and price.
  107         (f)If an enrollee is unable to receive care from a
  108  participating provider under the managed care plan in a timely
  109  manner consistent with a reasonable access standard, as
  110  determined by agency rule, or there is another appropriate
  111  Medicaid provider in a location more geographically accessible
  112  to the enrollee’s residence than those under the plan, an
  113  enrollee may receive such care from a Medicaid provider not
  114  under contract with the plan. Plans must reimburse a
  115  nonparticipating Medicaid provider for services rendered under
  116  this paragraph at the applicable Medicaid rate for such services
  117  under the plan.
  118         Section 3. This act shall take effect July 1, 2025.