This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h1023a.LFS DATE: 1/31/2024 HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS BILL #: HB 1023 St. Lucie County SPONSOR(S): Trabulsy TIED BILLS: IDEN./SIM. BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Local Administration, Federal Affairs & Special Districts Subcommittee 17 Y, 0 N Mwakyanjala Darden 2) State Affairs Committee SUMMARY ANALYSIS The Centers for Medicare & Medicaid Services (CMS) develops a fee schedule in order to reimburse health care providers who accept payment via Medicare. Relative value units (RVUs) are used to calculate physician reimbursements. The 2024 Medicare reimbursement rate is $32.74 per RVU. The St. Lucie County Sheriff’s Office manages the St. Lucie County jail. The Detention Administration Division within the sheriff’s office is responsible for inmate health care. The bill limits the compensation of health care providers who provide medical services for inmates housed in a St. Lucie County detention center to 110 percent of the Medicare reimbursement rate if that provider does not have a contract with St. Lucie County to provide inmate medical services. The bill provides this compensation may not exceed 125 percent of the Medicare reimbursement rate if the hospital has reported a negative operating margin for the previous year to the Agency for Health Care Administration through hospital-audited financial data. The bill also provides that compensation to an entity to provide emergency medical transportation services for an inmate housed in a St. Lucie detention center may not to exceed 110 percent of the Medicare reimbursement rate if the entity does not have a contract with St. Lucie County to provide emergency medical services. The Economic Impact Statement states that the bill is not expected to have a fiscal impact. However, the bill may have a fiscal impact for health care providers who are not contracted with St. Lucie County to provide inmate medical services. STORAGE NAME: h1023a.LFS PAGE: 2 DATE: 1/31/2024 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Present Situation Medicare Fee Schedule Medicare is the federal health insurance program for persons 65 or older, certain younger people with disabilities, and people with end-stage renal disease. 1 Payments by Medicare to doctors and other healthcare providers are made subject to a fee schedule developed by the Centers for Medicare & Medicaid Services (CMS). 2 The fee schedule is a complete listing of fees used and contain the fee maximums that are used to reimburse a physician or other providers on a fee-for-service basis. The Physician Fee Schedule (PFS) is the primary method of payment for health care providers enrolled in Medicare. Medicare uses the PFS when paying professional services of physicians and other health care providers in private practice, services covered incident to physicians’ services (other than certain drugs covered as incident to services), diagnostic tests (other than clinical laboratory tests), and radiology services. 3 Relative value units (RVUs) are used to calculate physician reimbursements. RVUs combine components related to the physician’s work, the practice’s expenses, and, when desired, liability protection. 4 The Medicare reimbursement rate for 2024 is $32.74 per RVU, a roughly 3.4% reduction from 2023 ($33.89). 5 St. Lucie County Sheriff’s Office The St. Lucie County Sheriff’s Office manages the St. Lucie County jail. 6 The Detention Administration Division within the Sheriff’s Office is responsible for inmate health care. 7 For the 2023-2024 fiscal year, the Sheriff’s Office had a total budget of $103,122,949. 8 Of this total, $11,574,864 was used for expenses related to inmate medical costs, training, and the administration of federal, state, and local grants. 9 The county commission made an operational investment of $1,360,000 for inmate medical care and expenses for jail medical equipment in this year’s budget including $1,000,000 for an inmate medical facility. 10 1 Medicare.gov, What’s Medicare?, https://www.medicare.gov/what-medicare-covers/your-medicare-coverage- choices/whats-medicare (last visited Jan. 26, 2024). 2 Centers for Medicare & Medicaid Services, Fee Schedules – General Information, https://www.cms.gov/medicare/payment/fee-schedules (last visited Jan. 26, 2024). 3 Centers for Medicare & Medicaid Services, Physician Fee Schedule, https://www.cms.gov/medicare/payment/fee- schedules/physician (last visited Jan. 26, 2024). 4 AMA CPT International, Relative Value Units, https://cpt-international.ama-assn.org/relative-value-units (last visited Jan. 26, 2024). 5 American Academy of Family Physicians, 2024 Medicare physician fee schedule reduces conversion factor, but has positives for primary care, https://www.aafp.org/pubs/fpm/blogs/gettingpaid/entry/2024-medicare-fee-schedule.html (last visited Jan. 26, 2024). 6 St. Lucie County Sheriff’s Office, Dept. of Detention, Department of Detention, https://www.stluciesheriff.com/238/Department-of-Detention (last visited Jan. 26, 2024). 7 St. Lucie County Sheriff’s Office, Dept. of Detention, Detention Administration Division, https://www.stluciesheriff.com/256/Detention-Administration-Division (last visited Jan. 26, 2024). 8 St. Lucie County, 2024 Final Budget 37, available at https://www.stlucieco.gov/home/showdocument?id=9113&t=638385048882649770 (last visited Jan. 26, 2024). 9 Id. at 282. 10 Id. at xvi and 314. STORAGE NAME: h1023a.LFS PAGE: 3 DATE: 1/31/2024 Effect of Proposed Changes The bill limits the compensation of health care providers who provide medical services for inmates housed in a St. Lucie County detention center to 110 percent of the Medicare reimbursement rate if that provider does not have a contract with St. Lucie County to provide inmate medical services. The bill provides that health care providers may not be compensated at a rate exceeding 125 percent of the Medicare reimbursement rate if the health care provider does not have a contract with St. Lucie County to provide inmate medical services and has reported a negative operating margin for the previous year to the Agency for Health Care Administration through hospital-audited financial data. The bill provides that compensation to an entity to provide emergency medical transportation services for an inmate housed in a St. Lucie detention center may not to exceed 110 percent of the Medicare reimbursement rate if the entity does not have a contract with St. Lucie County to provide emergency medical services. The bill provides definitions that are to be used in the administration of the bill. The Economic Impact Statement states that the bill is not expected to have a fiscal impact. However, the bill may have a negative fiscal impact for health care providers who are not contracted with St. Lucie County to provide inmate medical services. B. SECTION DIRECTORY: Section 1: Provides for an act relating to St. Lucie County. Section 2: Provides an effective date of upon becoming a law. II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS A. NOTICE PUBLISHED? Yes [X] No [] IF YES, WHEN? November 12, 2023. WHERE? The Indian River Press Journal, a newspaper of general circulation in St. Lucie County, Florida. B. REFERENDUM(S) REQUIRED? Yes [] No [X] IF YES, WHEN? C. LOCAL BILL CERTIFICATION FILED? Yes [X] No [] D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No [] III. COMMENTS A. CONSTITUTIONAL ISSUES: None. STORAGE NAME: h1023a.LFS PAGE: 4 DATE: 1/31/2024 B. RULE-MAKING AUTHORITY: The bill does not provide rulemaking authority or require executive branch rulemaking. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES None.