Florida 2023 Regular Session

Florida House Bill H1553 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to organ donations; creating s. 2
16	16	110.1205, F.S.; providing definitions; authorizing 3
17	17	certain persons to receive administrative leave for 4
18	18	purposes of organ donation; providing requirements for 5
19	19	the authorization of such administrative leave; 6
20	20	providing construction; amending s. 409.908, F.S.; 7
21	21	revising reimbursement rates for specified organ 8
22	22	transplantation procedures; providing an effective 9
23	23	date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
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27	27	Section 1. Section 110.1205, Florida Statutes, is created 14
28	28	to read: 15
29	29	110.1205 Administrative leave for organ donors. — 16
30	30	(1) For purposes of this section, the term: 17
31	31	(a) "Hospital" has the same meaning as in s. 765.511. 18
32	32	(b) "Physician" means a medical practitioner licensed 19
33	33	under chapter 458 or chapter 459. 20
34	34	(c) "Organ" means a human organ that is capable of being 21
35	35	transferred from the body of a person to the body of another 22
36	36	person. 23
37	37	(d) "State agency" means any agency, department, board, 24
38	38	bureau, or commission of the executive, legislative, or judicial 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	branch of state government. 26
52	52	(2) Upon request, a full -time employee of a state agency 27
53	53	may receive administrative leave, not to exceed 30 calend ar 28
54	54	days, for purposes of organ donation. The agency head of the 29
55	55	employee shall grant such administrative leave if the employee 30
56	56	provides written verification from the physician who is to 31
57	57	perform the organ transplantation procedure or from the 32
58	58	administrator of the hospital in which the organ transplantation 33
59	59	procedure is to take place that such employee is making an organ 34
60	60	donation. 35
61	61	(3) This section applies only if the organ transplantation 36
62	62	procedure occurs. 37
63	63	Section 2. Paragraph (a) of subsection (1) of s ection 38
64	64	409.908, Florida Statutes, is amended to read: 39
65	65	409.908 Reimbursement of Medicaid providers. —Subject to 40
66	66	specific appropriations, the agency shall reimburse Medicaid 41
67	67	providers, in accordance with state and federal law, according 42
68	68	to methodologies set forth in the rules of the agency and in 43
69	69	policy manuals and handbooks incorporated by reference therein. 44
70	70	These methodologies may include fee schedules, reimbursement 45
71	71	methods based on cost reporting, negotiated fees, competitive 46
72	72	bidding pursuant to s. 287.0 57, and other mechanisms the agency 47
73	73	considers efficient and effective for purchasing services or 48
74	74	goods on behalf of recipients. If a provider is reimbursed based 49
75	75	on cost reporting and submits a cost report late and that cost 50
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88	88	report would have been used to set a lower reimbursement rate 51
89	89	for a rate semester, then the provider's rate for that semester 52
90	90	shall be retroactively calculated using the new cost report, and 53
91	91	full payment at the recalculated rate shall be effected 54
92	92	retroactively. Medicare -granted extensions for filing cost 55
93	93	reports, if applicable, shall also apply to Medicaid cost 56
94	94	reports. Payment for Medicaid compensable services made on 57
95	95	behalf of Medicaid-eligible persons is subject to the 58
96	96	availability of moneys and any limitations or directions 59
97	97	provided for in the General Appropriations Act or chapter 216. 60
98	98	Further, nothing in this section shall be construed to prevent 61
99	99	or limit the agency from adjusting fees, reimbursement rates, 62
100	100	lengths of stay, number of visits, or number of services, or 63
101	101	making any other adjustments necessary to comply with the 64
102	102	availability of moneys and any limitations or directions 65
103	103	provided for in the General Appropriations Act, provided the 66
104	104	adjustment is consistent with legislative intent. 67
105	105	(1) Reimbursement to hospitals licensed unde r part I of 68
106	106	chapter 395 must be made prospectively or on the basis of 69
107	107	negotiation. 70
108	108	(a) Reimbursement for inpatient care is limited as 71
109	109	provided in s. 409.905(5), except as otherwise provided in this 72
110	110	subsection. 73
111	111	1. If authorized by the General Appropriations Act, the 74
112	112	agency may modify reimbursement for specific types of services 75
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125	125	or diagnoses, recipient ages, and hospital provider types. 76
126	126	2. The agency may establish an alternative methodology to 77
127	127	the DRG-based prospective payment system to set reimbursement 78
128	128	rates for: 79
129	129	a. State-owned psychiatric hospitals. 80
130	130	b. Newborn hearing screening services. 81
131	131	c. Transplant services for which the agency has 82
132	132	established a global fee for the hospital and physician services 83
133	133	for liver, heart, lung, and multi -visceral organ transplantation 84
134	134	procedures. Such rates shall be increased annually by the 85
135	135	consumer price index . 86
136	136	d. Recipients who have tuberculosis that is resistant to 87
137	137	therapy who are in need of long -term, hospital-based treatment 88
138	138	pursuant to s. 392.62. 89
139	139	3. The agency shall modify reimbursement according to 90
140	140	other methodologies recognized in the General Appropriations 91
141	141	Act. 92
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143	143	The agency may receive funds from state entities, including, but 94
144	144	not limited to, the Department of Heal th, local governments, and 95
145	145	other local political subdivisions, for the purpose of making 96
146	146	special exception payments, including federal matching funds, 97
147	147	through the Medicaid inpatient reimbursement methodologies. 98
148	148	Funds received for this purpose shall be sepa rately accounted 99
149	149	for and may not be commingled with other state or local funds in 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	any manner. The agency may certify all local governmental funds 101
163	163	used as state match under Title XIX of the Social Security Act, 102
164	164	to the extent and in the manner authorized und er the General 103
165	165	Appropriations Act and pursuant to an agreement between the 104
166	166	agency and the local governmental entity. In order for the 105
167	167	agency to certify such local governmental funds, a local 106
168	168	governmental entity must submit a final, executed letter of 107
169	169	agreement to the agency, which must be received by October 1 of 108
170	170	each fiscal year and provide the total amount of local 109
171	171	governmental funds authorized by the entity for that fiscal year 110
172	172	under this paragraph, paragraph (b), or the General 111
173	173	Appropriations Act. The l ocal governmental entity shall use a 112
174	174	certification form prescribed by the agency. At a minimum, the 113
175	175	certification form must identify the amount being certified and 114
176	176	describe the relationship between the certifying local 115
177	177	governmental entity and the local hea lth care provider. The 116
178	178	agency shall prepare an annual statement of impact which 117
179	179	documents the specific activities undertaken during the previous 118
180	180	fiscal year pursuant to this paragraph, to be submitted to the 119
181	181	Legislature annually by January 1. 120
182	182	Section 3. This act shall take effect July 1, 2023. 121