Florida 2025 Regular Session

Florida House Bill H0975 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to coverage of dental services under 2
1616 the Medicaid program; amending s. 409.906, F.S.; 3
1717 removing provisions relating to optional services 4
1818 rendered by providers in mobile units to Medicaid 5
1919 recipients; adjustments in the Medicaid program due to 6
2020 availability of moneys, limitations, and certain 7
2121 directions; and the removal of certain Medicaid 8
2222 service; revising adult dental services that are paid 9
2323 by the Agency for Health Care Administration as 10
2424 optional Medicaid services; requiring the agency to 11
2525 reimburse Medicaid providers at a specified rate for 12
2626 covered adult dental services; requiring the agency to 13
2727 seek federal approval; amending s. 409.973, F.S.; 14
2828 requiring the agency to implement a statewide Medicaid 15
2929 prepaid dental health program for children and adults; 16
3030 providing requirements for the benefits under the 17
3131 program; removing obsolete language; providing an 18
3232 effective date. 19
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3434 Be It Enacted by the Legislature of the State of Florida: 21
3535 22
3636 Section 1. Section 409.906, Florida Statutes, is amended 23
3737 to read: 24
3838 409.906 Optional Medicaid services. —Subject to specific 25
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4747 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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5151 appropriations, the agency may make payments for services which 26
5252 are optional to the state under Title XIX of the Social Security 27
5353 Act and are furnished by Medicaid providers to recipients who 28
5454 are determined to be eligible on the dates on which the services 29
5555 were provided. Any optional service that is provided shall be 30
5656 provided only when medically necessary and in accordance with 31
5757 state and federal law. Optional services rendered by providers 32
5858 in mobile units to Medicaid recipients may be restricted or 33
5959 prohibited by the agency. Nothing in this section shall be 34
6060 construed to prevent or limit the agency from adjus ting fees, 35
6161 reimbursement rates, lengths of stay, number of visits, or 36
6262 number of services, or making any other adjustments necessary to 37
6363 comply with the availability of moneys and any limitations or 38
6464 directions provided for in the General Appropriations Act o r 39
6565 chapter 216. If necessary to safeguard the state's systems of 40
6666 providing services to elderly and disabled persons and subject 41
6767 to the notice and review provisions of s. 216.177, the Governor 42
6868 may direct the Agency for Health Care Administration to amend 43
6969 the Medicaid state plan to delete the optional Medicaid service 44
7070 known as "Intermediate Care Facilities for the Developmentally 45
7171 Disabled." Optional services may include: 46
7272 (1) ADULT DENTAL SERVICES. — 47
7373 (a) The agency may pay for services necessary to prevent 48
7474 disease and promote oral health, restore oral structures to 49
7575 health and function, and treat emergency conditions, including 50
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8484 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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8888 routine diagnostic and preventive care, such as dental 51
8989 cleanings, exams, and X rays; basic dental services, such as 52
9090 fillings and extractions; major dental services, such as root 53
9191 canals, crowns, and dentures and other dental prostheses; 54
9292 emergency dental care; and other necessary services related to 55
9393 dental and oral health medically necessary, emergency dental 56
9494 procedures to alleviate pain o r infection. Emergency dental care 57
9595 shall be limited to emergency oral examinations, necessary 58
9696 radiographs, extractions, and incision and drainage of abscess , 59
9797 for a recipient who is 21 years of age or older. 60
9898 (b) Effective July 1, 2025, the agency shall re imburse 61
9999 providers of Medicaid -covered adult dental services at a rate 62
100100 equivalent to 80 percent of the 50th percentile of the 2024 63
101101 Usual, Customary, and Reasonable fees, as determined by the 64
102102 American Dental Association, or a comparable benchmark approved 65
103103 by the agency. The agency shall seek federal approval through a 66
104104 state plan amendment or Medicaid waiver as necessary to achieve 67
105105 compliance with this paragraph The agency may pay for full or 68
106106 partial dentures, the procedures required to seat full or 69
107107 partial dentures, and the repair and reline of full or partial 70
108108 dentures, provided by or under the direction of a licensed 71
109109 dentist, for a recipient who is 21 years of age or older . 72
110110 (c) However, Medicaid will not provide reimbursement for 73
111111 dental services provided in a mobile dental unit, except for a 74
112112 mobile dental unit: 75
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121121 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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125125 1. Owned by, operated by, or having a contractual 76
126126 agreement with the Department of Health and complying with 77
127127 Medicaid's county health department clinic services program 78
128128 specifications as a county he alth department clinic services 79
129129 provider. 80
130130 2. Owned by, operated by, or having a contractual 81
131131 arrangement with a federally qualified health center and 82
132132 complying with Medicaid's federally qualified health center 83
133133 specifications as a federally qualified healt h center provider. 84
134134 3. Rendering dental services to Medicaid recipients, 21 85
135135 years of age and older, at nursing facilities. 86
136136 4. Owned by, operated by, or having a contractual 87
137137 agreement with a state -approved dental educational institution. 88
138138 (2) ADULT HEALTH SCREENING SERVICES. —The agency may pay 89
139139 for an annual routine physical examination, conducted by or 90
140140 under the direction of a licensed physician, for a recipient age 91
141141 21 or older, without regard to medical necessity, in order to 92
142142 detect and prevent disease, disability, or other health 93
143143 condition or its progression. 94
144144 (3) AMBULATORY SURGICAL CENTER SERVICES. —The agency may 95
145145 pay for services provided to a recipient in an ambulatory 96
146146 surgical center licensed under part I of chapter 395, by or 97
147147 under the direction o f a licensed physician or dentist. 98
148148 (4) BIRTH CENTER SERVICES. —The agency may pay for 99
149149 examinations and delivery, recovery, and newborn assessment, and 100
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158158 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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162162 related services, provided in a licensed birth center staffed 101
163163 with licensed physicians, certified nurse midwives, and midwives 102
164164 licensed in accordance with chapter 467, to a recipient expected 103
165165 to experience a low-risk pregnancy and delivery. 104
166166 (5) CASE MANAGEMENT SERVICES. —The agency may pay for 105
167167 primary care case management services rendered to a recipient 106
168168 pursuant to a federally approved waiver, and targeted case 107
169169 management services for specific groups of targeted recipients, 108
170170 for which funding has been provided and which are rendered 109
171171 pursuant to federal guidelines. The agency is authorized to 110
172172 limit reimbursement for targeted case management services in 111
173173 order to comply with any limitations or directions provided for 112
174174 in the General Appropriations Act. 113
175175 (6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 114
176176 diagnostic, preventive, or corrective procedures, inclu ding 115
177177 orthodontia in severe cases, provided to a recipient under age 116
178178 21, by or under the supervision of a licensed dentist. The 117
179179 agency may also reimburse a health access setting as defined in 118
180180 s. 466.003 for the remediable tasks that a licensed dental 119
181181 hygienist is authorized to perform under s. 466.024(2). Services 120
182182 provided under this program include treatment of the teeth and 121
183183 associated structures of the oral cavity, as well as treatment 122
184184 of disease, injury, or impairment that may affect the oral or 123
185185 general health of the individual. However, Medicaid will not 124
186186 provide reimbursement for dental services provided in a mobile 125
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195195 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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199199 dental unit, except for a mobile dental unit: 126
200200 (a) Owned by, operated by, or having a contractual 127
201201 agreement with the Department of Health an d complying with 128
202202 Medicaid's county health department clinic services program 129
203203 specifications as a county health department clinic services 130
204204 provider. 131
205205 (b) Owned by, operated by, or having a contractual 132
206206 arrangement with a federally qualified health center an d 133
207207 complying with Medicaid's federally qualified health center 134
208208 specifications as a federally qualified health center provider. 135
209209 (c) Rendering dental services to Medicaid recipients, 21 136
210210 years of age and older, at nursing facilities. 137
211211 (d) Owned by, operated by, or having a contractual 138
212212 agreement with a state -approved dental educational institution. 139
213213 (7) CHIROPRACTIC SERVICES. —The agency may pay for manual 140
214214 manipulation of the spine and initial services, screening, and X 141
215215 rays provided to a recipient by a licen sed chiropractic 142
216216 physician. 143
217217 (8) COMMUNITY MENTAL HEALTH SERVICES. — 144
218218 (a) The agency may pay for rehabilitative services 145
219219 provided to a recipient by a mental health or substance abuse 146
220220 provider under contract with the agency or the Department of 147
221221 Children and Families to provide such services. Those services 148
222222 which are psychiatric in nature shall be rendered or recommended 149
223223 by a psychiatrist, and those services which are medical in 150
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232232 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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236236 nature shall be rendered or recommended by a physician or 151
237237 psychiatrist. The agen cy must develop a provider enrollment 152
238238 process for community mental health providers which bases 153
239239 provider enrollment on an assessment of service need. The 154
240240 provider enrollment process shall be designed to control costs, 155
241241 prevent fraud and abuse, consider prov ider expertise and 156
242242 capacity, and assess provider success in managing utilization of 157
243243 care and measuring treatment outcomes. Providers will be 158
244244 selected through a competitive procurement or selective 159
245245 contracting process. In addition to other community mental 160
246246 health providers, the agency shall consider for enrollment 161
247247 mental health programs licensed under chapter 395 and group 162
248248 practices licensed under chapter 458, chapter 459, chapter 490, 163
249249 or chapter 491. The agency is also authorized to continue 164
250250 operation of its behavioral health utilization management 165
251251 program and may develop new services if these actions are 166
252252 necessary to ensure savings from the implementation of the 167
253253 utilization management system. The agency shall coordinate the 168
254254 implementation of this enrollment process with the Department of 169
255255 Children and Families and the Department of Juvenile Justice. 170
256256 The agency is authorized to utilize diagnostic criteria in 171
257257 setting reimbursement rates, to preauthorize certain high -cost 172
258258 or highly utilized services, to limit or eliminate coverage for 173
259259 certain services, or to make any other adjustments necessary to 174
260260 comply with any limitations or directions provided for in the 175
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269269 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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273273 General Appropriations Act. 176
274274 (b) The agency is authorized to implement reimbursement 177
275275 and use management r eforms in order to comply with any 178
276276 limitations or directions in the General Appropriations Act, 179
277277 which may include, but are not limited to: prior authorization 180
278278 of treatment and service plans; prior authorization of services; 181
279279 enhanced use review programs for highly used services; and 182
280280 limits on services for those determined to be abusing their 183
281281 benefit coverages. 184
282282 (9) DIALYSIS FACILITY SERVICES. —Subject to specific 185
283283 appropriations being provided for this purpose, the agency may 186
284284 pay a dialysis facility that is a pproved as a dialysis facility 187
285285 in accordance with Title XVIII of the Social Security Act, for 188
286286 dialysis services that are provided to a Medicaid recipient 189
287287 under the direction of a physician licensed to practice medicine 190
288288 or osteopathic medicine in this state , including dialysis 191
289289 services provided in the recipient's home by a hospital -based or 192
290290 freestanding dialysis facility. 193
291291 (10) DURABLE MEDICAL EQUIPMENT. —The agency may authorize 194
292292 and pay for certain durable medical equipment and supplies 195
293293 provided to a Medica id recipient as medically necessary. 196
294294 (11) HEALTHY START SERVICES. —The agency may pay for a 197
295295 continuum of risk-appropriate medical and psychosocial services 198
296296 for the Healthy Start program in accordance with a federal 199
297297 waiver. The agency may not implement the federal waiver unless 200
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306306 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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310310 the waiver permits the state to limit enrollment or the amount, 201
311311 duration, and scope of services to ensure that expenditures will 202
312312 not exceed funds appropriated by the Legislature or available 203
313313 from local sources. If the Health Care Fin ancing Administration 204
314314 does not approve a federal waiver for Healthy Start services, 205
315315 the agency, in consultation with the Department of Health and 206
316316 the Florida Association of Healthy Start Coalitions, is 207
317317 authorized to establish a Medicaid certified -match program for 208
318318 Healthy Start services. Participation in the Healthy Start 209
319319 certified-match program shall be voluntary, and reimbursement 210
320320 shall be limited to the federal Medicaid share to Medicaid -211
321321 enrolled Healthy Start coalitions for services provided to 212
322322 Medicaid recipients. The agency shall take no action to 213
323323 implement a certified -match program without ensuring that the 214
324324 amendment and review requirements of ss. 216.177 and 216.181 215
325325 have been met. 216
326326 (12) HEARING SERVICES. —The agency may pay for hearing and 217
327327 related services, including hearing evaluations, hearing aid 218
328328 devices, dispensing of the hearing aid, and related repairs, if 219
329329 provided to a recipient by a licensed hearing aid specialist, 220
330330 otolaryngologist, otologist, audiologist, or physician. 221
331331 (13) HOME AND COMMUNI TY-BASED SERVICES.— 222
332332 (a) The agency may pay for home -based or community-based 223
333333 services that are rendered to a recipient in accordance with a 224
334334 federally approved waiver program. The agency may limit or 225
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343343 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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347347 eliminate coverage for certain services, preauthorize h igh-cost 226
348348 or highly utilized services, or make any other adjustments 227
349349 necessary to comply with any limitations or directions provided 228
350350 for in the General Appropriations Act. 229
351351 (b) The agency may implement a utilization management 230
352352 program designed to prior -authorize home and community -based 231
353353 service plans and includes, but is not limited to, assessing 232
354354 proposed quantity and duration of services and monitoring 233
355355 ongoing service use by participants in the program. The agency 234
356356 is authorized to competitively procure a q ualified organization 235
357357 to provide utilization management of home and community -based 236
358358 services. The agency is authorized to seek any federal waivers 237
359359 to implement this initiative. 238
360360 (c) The agency shall request federal approval to develop a 239
361361 system to require payment of premiums or other cost sharing by 240
362362 the parents of a child who is being served by a waiver under 241
363363 this subsection if the adjusted household income is greater than 242
364364 100 percent of the federal poverty level. The amount of the 243
365365 premium or cost sharing s hall be calculated using a sliding 244
366366 scale based on the size of the family, the amount of the 245
367367 parent's adjusted gross income, and the federal poverty 246
368368 guidelines. The premium and cost -sharing system developed by the 247
369369 agency shall not adversely affect federal f unding to the state. 248
370370 After the agency receives federal approval, the Department of 249
371371 Children and Families may collect income information from 250
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380380 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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384384 parents of children who will be affected by this paragraph. 251
385385 (d) The agency shall seek federal approval to pay for 252
386386 flexible services for persons with severe mental illness or 253
387387 substance use disorders, including, but not limited to, 254
388388 temporary housing assistance. Payments may be made as enhanced 255
389389 capitation rates or incentive payments to managed care plans 256
390390 that meet the requirements of s. 409.968(4). 257
391391 (14) HOSPICE CARE SERVICES. —The agency may pay for all 258
392392 reasonable and necessary services for the palliation or 259
393393 management of a recipient's terminal illness, if the services 260
394394 are provided by a hospice that is licensed under pa rt IV of 261
395395 chapter 400 and meets Medicare certification requirements. 262
396396 (15) INTERMEDIATE CARE FACILITY FOR THE DEVELOPMENTALLY 263
397397 DISABLED SERVICES.—The agency may pay for health -related care 264
398398 and services provided on a 24 -hour-a-day basis by a facility 265
399399 licensed and certified as a Medicaid Intermediate Care Facility 266
400400 for the Developmentally Disabled, for a recipient who needs such 267
401401 care because of a developmental disability. Payment shall not 268
402402 include bed-hold days except in facilities with occupancy rates 269
403403 of 95 percent or greater. The agency is authorized to seek any 270
404404 federal waiver approvals to implement this policy. The agency 271
405405 shall seek federal approval to implement a payment rate for 272
406406 Medicaid intermediate care facilities serving individuals with 273
407407 developmental disabilities, severe maladaptive behaviors, severe 274
408408 maladaptive behaviors and co -occurring complex medical 275
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417417 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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421421 conditions, or a dual diagnosis of developmental disability and 276
422422 mental illness. 277
423423 (16) INTERMEDIATE CARE SERVICES. —The agency may pay for 278
424424 24-hour-a-day intermediate care nursing and rehabilitation 279
425425 services rendered to a recipient in a nursing facility licensed 280
426426 under part II of chapter 400, if the services are ordered by and 281
427427 provided under the direction of a physician. 282
428428 (17) OPTOMETRIC SERVICES. —The agency may pay for services 283
429429 provided to a recipient, including examination, diagnosis, 284
430430 treatment, and management, related to ocular pathology, if the 285
431431 services are provided by a licensed optometrist or physician. 286
432432 (18) PHYSICIAN ASSISTANT SERVICES. —The agency may pay for 287
433433 all services provided to a recipient by a physician assistant 288
434434 licensed under s. 458.347 or s. 459.022. Reimbursement for such 289
435435 services must be not less than 80 percent of the reimbursement 290
436436 that would be paid to a physician who provided the same 291
437437 services. 292
438438 (19) PODIATRIC SERVICES. —The agency may pay for services, 293
439439 including diagnosis and medical, surgical, palliative, and 294
440440 mechanical treatment, related to ailments of the human foot and 295
441441 lower leg, if provided to a recipient by a podiatric physician 296
442442 licensed under state law. 297
443443 (20) PRESCRIBED DRUG SERVICES. —The agency may pay for 298
444444 medications that are prescribed for a recipient by a physician 299
445445 or other licensed practitioner of the healing arts authorized to 300
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454454 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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458458 prescribe medications and that are dispensed t o the recipient by 301
459459 a licensed pharmacist or physician in accordance with applicable 302
460460 state and federal law. 303
461461 (21) REGISTERED NURSE FIRST ASSISTANT SERVICES. —The agency 304
462462 may pay for all services provided to a recipient by a registered 305
463463 nurse first assistant a s described in s. 464.027. Reimbursement 306
464464 for such services may not be less than 80 percent of the 307
465465 reimbursement that would be paid to a physician providing the 308
466466 same services. 309
467467 (22) STATE HOSPITAL SERVICES. —The agency may pay for all -310
468468 inclusive psychiatric inpatient hospital care provided to a 311
469469 recipient age 65 or older in a state mental hospital. 312
470470 (23) VISUAL SERVICES. —The agency may pay for visual 313
471471 examinations, eyeglasses, and eyeglass repairs for a recipient 314
472472 if they are prescribed by a licensed physician specializing in 315
473473 diseases of the eye or by a licensed optometrist. Eyeglass 316
474474 frames for adult recipients shall be limited to one pair per 317
475475 recipient every 2 years, except a second pair may be provided 318
476476 during that period after prior authorization. Eyeglass len ses 319
477477 for adult recipients shall be limited to one pair per year 320
478478 except a second pair may be provided during that period after 321
479479 prior authorization. 322
480480 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT. —The Agency 323
481481 for Health Care Administration, in consultation with the 324
482482 Department of Children and Families, may establish a targeted 325
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491491 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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495495 case-management project in those counties identified by the 326
496496 Department of Children and Families and for all counties with a 327
497497 community-based child welfare project, as authorized under s. 328
498498 409.987 which have been specifically approved by the department. 329
499499 The covered group of individuals who are eligible to receive 330
500500 targeted case management include children who are eligible for 331
501501 Medicaid; who are between the ages of birth through 21; and who 332
502502 are under protective supervision or postplacement supervision, 333
503503 under foster-care supervision, or in shelter care or foster 334
504504 care. The number of individuals who are eligible to receive 335
505505 targeted case management is limited to the number for whom the 336
506506 Department of Children and Families has matching funds to cover 337
507507 the costs. The general revenue funds required to match the funds 338
508508 for services provided by the community -based child welfare 339
509509 projects are limited to funds available for services described 340
510510 under s. 409.990. The Department of Children and Families may 341
511511 transfer the general revenue matching funds as billed by the 342
512512 Agency for Health Care Administration. 343
513513 (25) ASSISTIVE-CARE SERVICES.—The agency may pay for 344
514514 assistive-care services provided to recipients with function al 345
515515 or cognitive impairments residing in assisted living facilities, 346
516516 adult family-care homes, or residential treatment facilities. 347
517517 These services may include health support, assistance with the 348
518518 activities of daily living and the instrumental acts of daily 349
519519 living, assistance with medication administration, and 350
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528528 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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532532 arrangements for health care. 351
533533 (26) HOME AND COMMUNITY -BASED SERVICES FOR AUTISM SPECTRUM 352
534534 DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. —The agency is 353
535535 authorized to seek federal approval through a Medi caid waiver or 354
536536 a state plan amendment for the provision of occupational 355
537537 therapy, speech therapy, physical therapy, behavior analysis, 356
538538 and behavior assistant services to individuals who are 5 years 357
539539 of age and under and have a diagnosed developmental disabil ity 358
540540 as defined in s. 393.063, autism spectrum disorder as defined in 359
541541 s. 627.6686, or Down syndrome, a genetic disorder caused by the 360
542542 presence of extra chromosomal material on chromosome 21. Causes 361
543543 of the syndrome may include Trisomy 21, Mosaicism, Robertso nian 362
544544 Translocation, and other duplications of a portion of chromosome 363
545545 21. Coverage for such services shall be limited to $36,000 364
546546 annually and may not exceed $108,000 in total lifetime benefits. 365
547547 The agency shall submit an annual report on January 1 to the 366
548548 President of the Senate, the Speaker of the House of 367
549549 Representatives, and the relevant committees of the Senate and 368
550550 the House of Representatives regarding progress on obtaining 369
551551 federal approval and recommendations for the implementation of 370
552552 these home and community-based services. The agency may not 371
553553 implement this subsection without prior legislative approval. 372
554554 (27) ANESTHESIOLOGIST ASSISTANT SERVICES. —The agency may 373
555555 pay for all services provided to a recipient by an 374
556556 anesthesiologist assistant licensed under s. 458.3475 or s. 375
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565565 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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569569 459.023. Reimbursement for such services must be not less than 376
570570 80 percent of the reimbursement that would be paid to a 377
571571 physician who provided the same services. 378
572572 (28) DONOR HUMAN MILK BANK SERVICES. —The agency may pay 379
573573 for the provision of donor human milk and human milk products 380
574574 derived therefrom for inpatient use, for which a licensed 381
575575 physician, nurse practitioner, physician assistant, or dietitian 382
576576 has issued an order for an infant who is medically or physically 383
577577 unable to receive matern al breast milk or to breastfeed or whose 384
578578 mother is medically or physically unable to produce maternal 385
579579 breast milk or breastfeed. Such infant must have a documented 386
580580 birth weight of 1,800 grams or less; have a congenital or 387
581581 acquired condition and be at high risk for developing a feeding 388
582582 intolerance, necrotizing enterocolitis, or an infection; or 389
583583 otherwise have a medical indication for a human milk diet. The 390
584584 agency shall adopt rules that include, but are not limited to, 391
585585 eligible providers of donor human milk a nd donor human milk 392
586586 derivates. The agency may seek federal approval necessary to 393
587587 implement this subsection. 394
588588 (29) BIOMARKER TESTING SERVICES. — 395
589589 (a) The agency may pay for biomarker testing for the 396
590590 purposes of diagnosis, treatment, appropriate management, or 397
591591 ongoing monitoring of a recipient's disease or condition to 398
592592 guide treatment decisions if medical and scientific evidence 399
593593 indicates that the biomarker testing provides clinical utility 400
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602602 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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606606 to the recipient. Such medical and scientific evidence includes, 401
607607 but is not limited to: 402
608608 1. A labeled indication for a test approved or cleared by 403
609609 the United States Food and Drug Administration; 404
610610 2. An indicated test for a drug approved by the United 405
611611 States Food and Drug Administration; 406
612612 3. A national coverage determina tion made by the Centers 407
613613 for Medicare and Medicaid Services or a local coverage 408
614614 determination made by the Medicare Administrative Contractor; or 409
615615 4. A nationally recognized clinical practice guideline. As 410
616616 used in this subparagraph, the term "nationally re cognized 411
617617 clinical practice guideline" means an evidence -based clinical 412
618618 practice guideline developed by independent organizations or 413
619619 medical professional societies using a transparent methodology 414
620620 and reporting structure and with a conflict -of-interest policy. 415
621621 Guidelines developed by such organizations or societies 416
622622 establish standards of care informed by a systematic review of 417
623623 evidence and an assessment of the benefits and costs of 418
624624 alternative care options and include recommendations intended to 419
625625 optimize patient care. 420
626626 (b) As used in this subsection, the term: 421
627627 1. "Biomarker" means a defined characteristic that is 422
628628 measured as an indicator of normal biological processes, 423
629629 pathogenic processes, or responses to an exposure or 424
630630 intervention, including therapeutic interventions. The term 425
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639639 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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641641
642642
643643 includes, but is not limited to, molecular, histologic, 426
644644 radiographic, or physiologic characteristics but does not 427
645645 include an assessment of how a patient feels, functions, or 428
646646 survives. 429
647647 2. "Biomarker testing" means an analysis of a patient's 430
648648 tissue, blood, or other biospecimen for the presence of a 431
649649 biomarker. The term includes, but is not limited to, single 432
650650 analyte tests, multiplex panel tests, protein expression, and 433
651651 whole exome, whole genome, and whole transcriptome sequencing 434
652652 performed at a participating in -network laboratory facility that 435
653653 is certified pursuant to the federal Clinical Laboratory 436
654654 Improvement Amendment (CLIA) or that has obtained a CLIA 437
655655 Certificate of Waiver by the United States Food and Drug 438
656656 Administration for the t ests. 439
657657 3. "Clinical utility" means the test result provides 440
658658 information that is used in the formulation of a treatment or 441
659659 monitoring strategy that informs a patient's outcome and impacts 442
660660 the clinical decision. 443
661661 (c) A recipient and participating provider shall have 444
662662 access to a clear and convenient process to request 445
663663 authorization for biomarker testing as provided under this 446
664664 subsection. Such process shall be made readily accessible to all 447
665665 recipients and participating providers online. 448
666666 (d) This subsection does not require coverage of biomarker 449
667667 testing for screening purposes. 450
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676676 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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678678
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680680 (e) The agency may seek federal approval necessary to 451
681681 implement this subsection. 452
682682 Section 2. Subsection (5) of section 409.973, Florida 453
683683 Statutes, is amended to read: 454
684684 409.973 Benefits.— 455
685685 (5) PROVISION OF DENTAL SERVICES.— 456
686686 (a) The agency shall implement a statewide Medicaid 457
687687 prepaid dental health program for children and adults with a 458
688688 choice of at least two licensed dental Medicaid providers who 459
689689 meet agency standards. 460
690690 (b) The minimum benefits provided by the Medicaid prepaid 461
691691 dental health programs to recipients under age 21 must include 462
692692 all dental benefits required under the early and periodic 463
693693 screening, diagnostic, and treatment services in accordance with 464
694694 42 U.S.C. s. 1396d(r)( 3) and (5). 465
695695 (c) The minimum benefits provided by the Medicaid prepaid 466
696696 dental health program to recipients aged 21 years or older must 467
697697 cover services necessary to prevent disease and promote oral 468
698698 health, restore oral structures to health and function, and 469
699699 treat emergency conditions, including routine diagnostic and 470
700700 preventive care, such as dental cleanings, exams, and X rays; 471
701701 basic dental services, such as fillings and extractions; major 472
702702 dental services, such as root canals, crowns, and dentures and 473
703703 other dental prostheses; emergency dental care; and other 474
704704 necessary services related to dental and oral health. 475
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713713 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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715715
716716
717717 (a) The Legislature may use the findings of the Office of 476
718718 Program Policy Analysis and Government Accountability's report 477
719719 no. 16-07, December 2016, i n setting the scope of minimum 478
720720 benefits set forth in this section for future procurements of 479
721721 eligible plans as described in s. 409.966. Specifically, the 480
722722 decision to include dental services as a minimum benefit under 481
723723 this section, or to provide Medicaid re cipients with dental 482
724724 benefits separate from the Medicaid managed medical assistance 483
725725 program described in this part, may take into consideration the 484
726726 data and findings of the report. 485
727727 (b) In the event the Legislature takes no action before 486
728728 July 1, 2017, with respect to the report findings required under 487
729729 paragraph (a), the agency shall implement a statewide Medicaid 488
730730 prepaid dental health program for children and adults with a 489
731731 choice of at least two licensed dental managed care providers 490
732732 who must have substant ial experience in providing dental care to 491
733733 Medicaid enrollees and children eligible for medical assistance 492
734734 under Title XXI of the Social Security Act and who meet all 493
735735 agency standards and requirements. To qualify as a provider 494
736736 under the prepaid dental heal th program, the entity must be 495
737737 licensed as a prepaid limited health service organization under 496
738738 part I of chapter 636 or as a health maintenance organization 497
739739 under part I of chapter 641. The contracts for program providers 498
740740 shall be awarded through a competi tive procurement process. 499
741741 Beginning with the contract procurement process initiated during 500
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750750 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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754754 the 2023 calendar year, the contracts must be for 6 years and 501
755755 may not be renewed; however, the agency may extend the term of a 502
756756 plan contract to cover delays during a transition to a new plan 503
757757 provider. The agency shall include in the contracts a medical 504
758758 loss ratio provision consistent with s. 409.967(4). The agency 505
759759 is authorized to seek any necessary state plan amendment or 506
760760 federal waiver to commence enrollment in the Medicaid prepaid 507
761761 dental health program no later than March 1, 2019. The agency 508
762762 shall extend until December 31, 2024, the term of existing plan 509
763763 contracts awarded pursuant to the invitation to negotiate 510
764764 published in October 2017. 511
765765 Section 3. This act shall take effect July 1, 2025. 512