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 mustshallestablish 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 mustshallsubmit 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 isshall bethe 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-upfollowupon 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.