HB 1553 2023
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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
A bill to be entitled 1
An act relating to organ donations; creating s. 2
110.1205, F.S.; providing definitions; authorizing 3
certain persons to receive administrative leave for 4
purposes of organ donation; providing requirements for 5
the authorization of such administrative leave; 6
providing construction; amending s. 409.908, F.S.; 7
revising reimbursement rates for specified organ 8
transplantation procedures; providing an effective 9
date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Section 110.1205, Florida Statutes, is created 14
to read: 15
110.1205 Administrative leave for organ donors. — 16
(1) For purposes of this section, the term: 17
(a) "Hospital" has the same meaning as in s. 765.511. 18
(b) "Physician" means a medical practitioner licensed 19
under chapter 458 or chapter 459. 20
(c) "Organ" means a human organ that is capable of being 21
transferred from the body of a person to the body of another 22
person. 23
(d) "State agency" means any agency, department, board, 24
bureau, or commission of the executive, legislative, or judicial 25
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branch of state government. 26
(2) Upon request, a full -time employee of a state agency 27
may receive administrative leave, not to exceed 30 calend ar 28
days, for purposes of organ donation. The agency head of the 29
employee shall grant such administrative leave if the employee 30
provides written verification from the physician who is to 31
perform the organ transplantation procedure or from the 32
administrator of the hospital in which the organ transplantation 33
procedure is to take place that such employee is making an organ 34
donation. 35
(3) This section applies only if the organ transplantation 36
procedure occurs. 37
Section 2. Paragraph (a) of subsection (1) of s ection 38
409.908, Florida Statutes, is amended to read: 39
409.908 Reimbursement of Medicaid providers. —Subject to 40
specific appropriations, the agency shall reimburse Medicaid 41
providers, in accordance with state and federal law, according 42
to methodologies set forth in the rules of the agency and in 43
policy manuals and handbooks incorporated by reference therein. 44
These methodologies may include fee schedules, reimbursement 45
methods based on cost reporting, negotiated fees, competitive 46
bidding pursuant to s. 287.0 57, and other mechanisms the agency 47
considers efficient and effective for purchasing services or 48
goods on behalf of recipients. If a provider is reimbursed based 49
on cost reporting and submits a cost report late and that cost 50
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report would have been used to set a lower reimbursement rate 51
for a rate semester, then the provider's rate for that semester 52
shall be retroactively calculated using the new cost report, and 53
full payment at the recalculated rate shall be effected 54
retroactively. Medicare -granted extensions for filing cost 55
reports, if applicable, shall also apply to Medicaid cost 56
reports. Payment for Medicaid compensable services made on 57
behalf of Medicaid-eligible persons is subject to the 58
availability of moneys and any limitations or directions 59
provided for in the General Appropriations Act or chapter 216. 60
Further, nothing in this section shall be construed to prevent 61
or limit the agency from adjusting fees, reimbursement rates, 62
lengths of stay, number of visits, or number of services, or 63
making any other adjustments necessary to comply with the 64
availability of moneys and any limitations or directions 65
provided for in the General Appropriations Act, provided the 66
adjustment is consistent with legislative intent. 67
(1) Reimbursement to hospitals licensed unde r part I of 68
chapter 395 must be made prospectively or on the basis of 69
negotiation. 70
(a) Reimbursement for inpatient care is limited as 71
provided in s. 409.905(5), except as otherwise provided in this 72
subsection. 73
1. If authorized by the General Appropriations Act, the 74
agency may modify reimbursement for specific types of services 75
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or diagnoses, recipient ages, and hospital provider types. 76
2. The agency may establish an alternative methodology to 77
the DRG-based prospective payment system to set reimbursement 78
rates for: 79
a. State-owned psychiatric hospitals. 80
b. Newborn hearing screening services. 81
c. Transplant services for which the agency has 82
established a global fee for the hospital and physician services 83
for liver, heart, lung, and multi -visceral organ transplantation 84
procedures. Such rates shall be increased annually by the 85
consumer price index . 86
d. Recipients who have tuberculosis that is resistant to 87
therapy who are in need of long -term, hospital-based treatment 88
pursuant to s. 392.62. 89
3. The agency shall modify reimbursement according to 90
other methodologies recognized in the General Appropriations 91
Act. 92
93
The agency may receive funds from state entities, including, but 94
not limited to, the Department of Heal th, local governments, and 95
other local political subdivisions, for the purpose of making 96
special exception payments, including federal matching funds, 97
through the Medicaid inpatient reimbursement methodologies. 98
Funds received for this purpose shall be sepa rately accounted 99
for and may not be commingled with other state or local funds in 100
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any manner. The agency may certify all local governmental funds 101
used as state match under Title XIX of the Social Security Act, 102
to the extent and in the manner authorized und er the General 103
Appropriations Act and pursuant to an agreement between the 104
agency and the local governmental entity. In order for the 105
agency to certify such local governmental funds, a local 106
governmental entity must submit a final, executed letter of 107
agreement to the agency, which must be received by October 1 of 108
each fiscal year and provide the total amount of local 109
governmental funds authorized by the entity for that fiscal year 110
under this paragraph, paragraph (b), or the General 111
Appropriations Act. The l ocal governmental entity shall use a 112
certification form prescribed by the agency. At a minimum, the 113
certification form must identify the amount being certified and 114
describe the relationship between the certifying local 115
governmental entity and the local hea lth care provider. The 116
agency shall prepare an annual statement of impact which 117
documents the specific activities undertaken during the previous 118
fiscal year pursuant to this paragraph, to be submitted to the 119
Legislature annually by January 1. 120
Section 3. This act shall take effect July 1, 2023. 121