28 | | - | specified purpose; amending s. 409.974, F.S.; 15 |
---|
29 | | - | requiring the CMS program to transfer operation of 16 |
---|
30 | | - | certain managed care contr acts from the department to 17 |
---|
31 | | - | the agency effective on a specified date; requiring 18 |
---|
32 | | - | the CMS program to conduct clinical eligibility 19 |
---|
33 | | - | screening for certain children and youth with special 20 |
---|
34 | | - | health care needs; requiring the program to provide 21 |
---|
35 | | - | ongoing consultation t o the agency for a specified 22 |
---|
36 | | - | purpose; requiring the agency to establish specific 23 |
---|
37 | | - | measures for evaluation of services provided to 24 |
---|
38 | | - | children and youth with special health care needs; 25 |
---|
| 28 | + | specified purpose; amending s. 409.906, F.S.; 15 |
---|
| 29 | + | conforming a cross-reference; amending s. 409.974, 16 |
---|
| 30 | + | F.S.; requiring the CMS pr ogram to transfer operation 17 |
---|
| 31 | + | of certain managed care contracts from the department 18 |
---|
| 32 | + | to the agency effective on a specified date; requiring 19 |
---|
| 33 | + | the CMS program to conduct clinical eligibility 20 |
---|
| 34 | + | screening for certain children and youth with special 21 |
---|
| 35 | + | health care needs; requiring the program to provide 22 |
---|
| 36 | + | ongoing consultation to the agency for a specified 23 |
---|
| 37 | + | purpose; requiring the agency to establish specific 24 |
---|
| 38 | + | measures for evaluation of services provided to 25 |
---|
51 | | - | requiring the agency to contract with an independent 26 |
---|
52 | | - | evaluator to conduct th e evaluation of services 27 |
---|
53 | | - | provided; specifying requirements for the evaluation; 28 |
---|
54 | | - | requiring the agency to submit the results of the 29 |
---|
55 | | - | evaluation to the Governor and the Legislature by a 30 |
---|
56 | | - | specified date; amending s. 391.016, F.S.; revising 31 |
---|
57 | | - | the purposes and functi ons of the CMS program; 32 |
---|
58 | | - | amending s. 391.021, F.S.; revising definitions; 33 |
---|
59 | | - | amending s. 391.025, F.S.; revising the scope of the 34 |
---|
60 | | - | CMS program; amending s. 391.026, F.S.; revising the 35 |
---|
61 | | - | powers and duties of the department to conform to 36 |
---|
62 | | - | changes made by the act; pr oviding for the future 37 |
---|
63 | | - | repeal of s. 391.026(8) through (11), F.S., relating 38 |
---|
64 | | - | to the department's oversight and administration of 39 |
---|
65 | | - | the CMS program; repealing s. 391.028, F.S., relating 40 |
---|
66 | | - | to administration of the program; amending s. 391.029, 41 |
---|
67 | | - | F.S.; revising program eligibility requirements; 42 |
---|
68 | | - | conforming provisions to changes made by the act; 43 |
---|
69 | | - | amending s. 391.0315, F.S.; conforming provisions to 44 |
---|
70 | | - | changes made by the act; providing for future repeal 45 |
---|
71 | | - | of specified provisions; repealing ss. 391.035, 46 |
---|
72 | | - | 391.037, 391.045, 391. 047, 391.055, and 391.071, F.S., 47 |
---|
73 | | - | relating to provider qualifications, physicians and 48 |
---|
74 | | - | private sector services, provider reimbursements, 49 |
---|
75 | | - | third-party payments, service delivery systems under 50 |
---|
| 51 | + | children and youth with special health care needs; 26 |
---|
| 52 | + | requiring the agency to contract with an independent 27 |
---|
| 53 | + | evaluator to conduct the evaluation of services 28 |
---|
| 54 | + | provided; specifying requirements for the evaluation; 29 |
---|
| 55 | + | requiring the agency to submit the results of the 30 |
---|
| 56 | + | evaluation to the Governor and the Legislature by a 31 |
---|
| 57 | + | specified date; amending s. 391.016, F.S.; revising 32 |
---|
| 58 | + | the purposes and functions of the CMS program; 33 |
---|
| 59 | + | amending s. 391.021, F.S.; revising definitions; 34 |
---|
| 60 | + | amending s. 391.025, F.S.; revising the scope of the 35 |
---|
| 61 | + | CMS program; amending s. 391.026, F.S.; revising the 36 |
---|
| 62 | + | powers and duties of the department to conform to 37 |
---|
| 63 | + | changes made by the act; providing for the future 38 |
---|
| 64 | + | repeal of s. 391.026(8) through (11), F.S., relating 39 |
---|
| 65 | + | to the department's oversight and administration of 40 |
---|
| 66 | + | the CMS program; repealing s. 391.028, F.S., relating 41 |
---|
| 67 | + | to administration of the program; amending s. 391.029, 42 |
---|
| 68 | + | F.S.; revising program eligibility requirements; 43 |
---|
| 69 | + | conforming provisions to changes made by the act; 44 |
---|
| 70 | + | amending s. 391.0315, F.S.; conforming provisions to 45 |
---|
| 71 | + | changes made by the act; providing for future repeal 46 |
---|
| 72 | + | of specified provisions; repealing ss. 391.035, 47 |
---|
| 73 | + | 391.037, 391.045, 391.047, 391.055, and 391.071, F.S., 48 |
---|
| 74 | + | relating to provider qualifications, physicians and 49 |
---|
| 75 | + | private sector services, provider reimbursements, 50 |
---|
88 | | - | the program, and quality of care requirements, 51 |
---|
89 | | - | respectively; amendin g s. 391.097, F.S.; conforming a 52 |
---|
90 | | - | provision to changes made by the act; repealing part 53 |
---|
91 | | - | II of ch. 391, F.S., consisting of ss. 391.221 and 54 |
---|
92 | | - | 391.223, F.S., relating to Children's Medical Services 55 |
---|
93 | | - | councils and panels; amending ss. 409.166, 409.811, 56 |
---|
94 | | - | 409.813, 409.8134, 409.814, 409.815, 409.8177, 57 |
---|
95 | | - | 409.818, 409.912, 409.9126, 409.9131, 409.920, and 58 |
---|
96 | | - | 409.962, F.S.; conforming provisions to changes made 59 |
---|
97 | | - | by the act; requiring the Agency for Health Care 60 |
---|
98 | | - | Administration to develop a comprehensive plan to 61 |
---|
99 | | - | redesign the Florida Medicaid Model Waiver for home 62 |
---|
100 | | - | and community-based services to include children who 63 |
---|
101 | | - | receive private duty nursing services; providing 64 |
---|
102 | | - | requirements for the redesign of waiver program; 65 |
---|
103 | | - | requiring the Agency for Health Care Administration to 66 |
---|
104 | | - | submit a report to the Governor, the President of the 67 |
---|
105 | | - | Senate, and the Speaker of the House of 68 |
---|
106 | | - | Representatives by a specified date; providing 69 |
---|
107 | | - | effective dates. 70 |
---|
108 | | - | 71 |
---|
109 | | - | Be It Enacted by the Legislature of the State of Florida: 72 |
---|
110 | | - | 73 |
---|
111 | | - | Section 1. Transfer of operation of the Childr en's Medical 74 |
---|
112 | | - | Services Managed Care Plan. — 75 |
---|
| 88 | + | third-party payments, service delivery systems under 51 |
---|
| 89 | + | the program, and quality of care requirements, 52 |
---|
| 90 | + | respectively; amending s. 391.097, F.S.; conforming a 53 |
---|
| 91 | + | provision to changes made by the act; repealing part 54 |
---|
| 92 | + | II of ch. 391, F.S., consisting of ss. 391.221 and 55 |
---|
| 93 | + | 391.223, F.S., relating to Children's Medical Services 56 |
---|
| 94 | + | councils and panels; amending ss. 409.166, 409.811, 57 |
---|
| 95 | + | 409.813, 409.8134, 409.814, 409.815, 409.8177, 58 |
---|
| 96 | + | 409.818, 409.912, 409.9126, 409.9131, 409.920, 59 |
---|
| 97 | + | 409.962, 409.968, and 409.972, F.S.; conforming 60 |
---|
| 98 | + | provisions to changes made by the act; requiring the 61 |
---|
| 99 | + | Agency for Health Care Administration to develop a 62 |
---|
| 100 | + | comprehensive plan to redesign the Florida Medicaid 63 |
---|
| 101 | + | Model Waiver for home and community -based services to 64 |
---|
| 102 | + | include children who receive private duty nursing 65 |
---|
| 103 | + | services; providing requirements for the redesign of 66 |
---|
| 104 | + | waiver program; requiring the Agency for Health Care 67 |
---|
| 105 | + | Administration to submit a report to the Governor, the 68 |
---|
| 106 | + | President of the Senate, and the Speaker of the House 69 |
---|
| 107 | + | of Representatives by a specified date; providing 70 |
---|
| 108 | + | effective dates. 71 |
---|
| 109 | + | 72 |
---|
| 110 | + | Be It Enacted by the Legislature o f the State of Florida: 73 |
---|
| 111 | + | 74 |
---|
| 112 | + | Section 1. Transfer of operation of the Children's Medical 75 |
---|
125 | | - | (1) Effective July 1, 2025, all statutory powers, duties, 76 |
---|
126 | | - | functions, records, personnel, pending issues, existing 77 |
---|
127 | | - | contracts, administrative authority, administrative rules, and 78 |
---|
128 | | - | unexpended balances of appropriatio ns, allocations, and other 79 |
---|
129 | | - | funds for the operation of the Department of Health's Children's 80 |
---|
130 | | - | Medical Services Managed Care Plan are transferred to the Agency 81 |
---|
131 | | - | for Health Care Administration. 82 |
---|
132 | | - | (2) The transfer of operations of the Children's Medical 83 |
---|
133 | | - | Services Managed Care Plan does not affect the validity of any 84 |
---|
134 | | - | judicial or administrative action pending as of 11:59 p.m. on 85 |
---|
135 | | - | the day before the effective date of the transfer to which the 86 |
---|
136 | | - | Department of Health's Children's Medical Services Managed Care 87 |
---|
137 | | - | Plan is at that time a party, and the Agency for Health Care 88 |
---|
138 | | - | Administration shall be substituted as a party in interest in 89 |
---|
139 | | - | any such action. 90 |
---|
140 | | - | (3) The Department of Health's Children's Medical Services 91 |
---|
141 | | - | program shall collaborate with the Agency for Health Care 92 |
---|
142 | | - | Administration in the care of children and youth with special 93 |
---|
143 | | - | health care needs. The Department of Health's Children's Medical 94 |
---|
144 | | - | Services program shall do all of the following: 95 |
---|
145 | | - | (a) Conduct clinical eligibility screening for children 96 |
---|
146 | | - | and youth with special health ca re needs who are eligible for or 97 |
---|
147 | | - | enrolled in Medicaid or the Children's Health Insurance Program. 98 |
---|
148 | | - | (b) Provide ongoing consultation to the Agency for Health 99 |
---|
149 | | - | Care Administration to ensure high -quality, family-centered, 100 |
---|
| 125 | + | Services Managed Care Plan. — 76 |
---|
| 126 | + | (1) Effective July 1, 2025, all statutory powers, duties, 77 |
---|
| 127 | + | functions, records, personnel, pending issues, existing 78 |
---|
| 128 | + | contracts, administrati ve authority, administrative rules, and 79 |
---|
| 129 | + | unexpended balances of appropriations, allocations, and other 80 |
---|
| 130 | + | funds for the operation of the Department of Health's Children's 81 |
---|
| 131 | + | Medical Services Managed Care Plan are transferred to the Agency 82 |
---|
| 132 | + | for Health Care Administ ration. 83 |
---|
| 133 | + | (2) The transfer of operations of the Children's Medical 84 |
---|
| 134 | + | Services Managed Care Plan does not affect the validity of any 85 |
---|
| 135 | + | judicial or administrative action pending as of 11:59 p.m. on 86 |
---|
| 136 | + | the day before the effective date of the transfer to which the 87 |
---|
| 137 | + | Department of Health's Children's Medical Services Managed Care 88 |
---|
| 138 | + | Plan is at that time a party, and the Agency for Health Care 89 |
---|
| 139 | + | Administration shall be substituted as a party in interest in 90 |
---|
| 140 | + | any such action. 91 |
---|
| 141 | + | (3) The Department of Health's Children's Medical S ervices 92 |
---|
| 142 | + | program shall collaborate with the Agency for Health Care 93 |
---|
| 143 | + | Administration in the care of children and youth with special 94 |
---|
| 144 | + | health care needs. The Department of Health's Children's Medical 95 |
---|
| 145 | + | Services program shall do all of the following: 96 |
---|
| 146 | + | (a) Conduct clinical eligibility screening for children 97 |
---|
| 147 | + | and youth with special health care needs who are eligible for or 98 |
---|
| 148 | + | enrolled in Medicaid or the Children's Health Insurance Program. 99 |
---|
| 149 | + | (b) Provide ongoing consultation to the Agency for Health 100 |
---|
162 | | - | coordinated health services within an effective system of care 101 |
---|
163 | | - | for children and youth with special health care needs. 102 |
---|
164 | | - | Section 2. Subsection (4) of section 409.974, Florida 103 |
---|
165 | | - | Statutes, is amended to read: 104 |
---|
166 | | - | 409.974 Eligible plans. — 105 |
---|
167 | | - | (4) CHILDREN'S MEDICAL SERVICES NETWORK.— 106 |
---|
168 | | - | (a) The Department of Health's Children's Medical Services 107 |
---|
169 | | - | program shall do all of the following: 108 |
---|
170 | | - | 1. Effective July 1, 2025, transfer to the agency the 109 |
---|
171 | | - | operation of managed care contracts procured by the department 110 |
---|
172 | | - | for Medicaid and Children's Health Insurance Program services 111 |
---|
173 | | - | provided to children and youth with special health care needs 112 |
---|
174 | | - | who are enrolled in the Children's Medical Services Managed Care 113 |
---|
175 | | - | Plan. 114 |
---|
176 | | - | 2. Conduct clinical eligibility screening for children and 115 |
---|
177 | | - | youth with special health care needs who are eligible for or are 116 |
---|
178 | | - | enrolled in Medicaid or the Children's Health Insurance Program. 117 |
---|
179 | | - | 3. Provide ongoing consultation to the agency to ensure 118 |
---|
180 | | - | high-quality, family-centered, coordinated health services are 119 |
---|
181 | | - | provided within an effective system of care for children and 120 |
---|
182 | | - | youth with special health care needs. 121 |
---|
183 | | - | (b) The agency shall establish specific measures of 122 |
---|
184 | | - | access, quality, and costs of providing health care services to 123 |
---|
185 | | - | children and youth with special health care needs. The agency 124 |
---|
186 | | - | shall contract with an independent evaluator to conduct an 125 |
---|
| 162 | + | Care Administration to ensure high-quality, family-centered, 101 |
---|
| 163 | + | coordinated health services within an effective system of care 102 |
---|
| 164 | + | for children and youth with special health care needs. 103 |
---|
| 165 | + | Section 2. Paragraph (d) of subsection (13) of section 104 |
---|
| 166 | + | 409.906, Florida Statutes, is amended to read: 105 |
---|
| 167 | + | 409.906 Optional Medicaid services. —Subject to specific 106 |
---|
| 168 | + | appropriations, the agency may make payments for services which 107 |
---|
| 169 | + | are optional to the state under Title XIX of the Social Security 108 |
---|
| 170 | + | Act and are furnished by Medicaid providers to recipients who 109 |
---|
| 171 | + | are determined to be eligible on the dates on which the services 110 |
---|
| 172 | + | were provided. Any optional service that is provided shall be 111 |
---|
| 173 | + | provided only when medically necessary and in accordance with 112 |
---|
| 174 | + | state and federal law. Optional services rendered by providers 113 |
---|
| 175 | + | in mobile units to Medicaid recipients may be restricted or 114 |
---|
| 176 | + | prohibited by the agency. Nothing in this section shall be 115 |
---|
| 177 | + | construed to prevent or limit the agency from adjusting fees, 116 |
---|
| 178 | + | reimbursement rates, lengths of stay, number of visits, or 117 |
---|
| 179 | + | number of services, o r making any other adjustments necessary to 118 |
---|
| 180 | + | comply with the availability of moneys and any limitations or 119 |
---|
| 181 | + | directions provided for in the General Appropriations Act or 120 |
---|
| 182 | + | chapter 216. If necessary to safeguard the state's systems of 121 |
---|
| 183 | + | providing services to elder ly and disabled persons and subject 122 |
---|
| 184 | + | to the notice and review provisions of s. 216.177, the Governor 123 |
---|
| 185 | + | may direct the Agency for Health Care Administration to amend 124 |
---|
| 186 | + | the Medicaid state plan to delete the optional Medicaid service 125 |
---|
199 | | - | evaluation of services provided. The evaluation must include, 126 |
---|
200 | | - | but need not be limited to, all of the following: 127 |
---|
201 | | - | 1. A performance comparison of plans contracted to provide 128 |
---|
202 | | - | services to children and youth with special health care ne eds as 129 |
---|
203 | | - | well as plans contracted to serve a broader population of 130 |
---|
204 | | - | Managed Medical Assistance enrollees. The performance comparison 131 |
---|
205 | | - | must be based on the measures established by the agency and 132 |
---|
206 | | - | differentiated based on the age and medical condition or 133 |
---|
207 | | - | diagnosis of patients receiving services under each plan. 134 |
---|
208 | | - | 2. For each plan, an assessment of cost savings, patient 135 |
---|
209 | | - | choice, access to services, coordination of care, person -136 |
---|
210 | | - | centered planning, health and quality -of-life outcomes, patient 137 |
---|
211 | | - | and provider satisfaction, and provider networks and quality of 138 |
---|
212 | | - | care. 139 |
---|
213 | | - | 140 |
---|
214 | | - | The agency shall submit the results of the evaluation to the 141 |
---|
215 | | - | Governor, the President of the Senate, and the Speaker of the 142 |
---|
216 | | - | House of Representatives by January 15, 2028 Participation by 143 |
---|
217 | | - | the Children's Medical Serv ices Network shall be pursuant to a 144 |
---|
218 | | - | single, statewide contract with the agency that is not subject 145 |
---|
219 | | - | to the procurement requirements or regional plan number limits 146 |
---|
220 | | - | of this section. The Children's Medical Services Network must 147 |
---|
221 | | - | meet all other plan requirements for the managed medical 148 |
---|
222 | | - | assistance program. 149 |
---|
223 | | - | Section 3. Subsection (1) of section 391.016, Florida 150 |
---|
| 199 | + | known as "Intermediate Care Fa cilities for the Developmentally 126 |
---|
| 200 | + | Disabled." Optional services may include: 127 |
---|
| 201 | + | (13) HOME AND COMMUNITY -BASED SERVICES.— 128 |
---|
| 202 | + | (d) The agency shall seek federal approval to pay for 129 |
---|
| 203 | + | flexible services for persons with severe mental illness or 130 |
---|
| 204 | + | substance use disorder s, including, but not limited to, 131 |
---|
| 205 | + | temporary housing assistance. Payments may be made as enhanced 132 |
---|
| 206 | + | capitation rates or incentive payments to managed care plans 133 |
---|
| 207 | + | that meet the requirements of s. 409.968(3) s. 409.968(4). 134 |
---|
| 208 | + | Section 3. Subsection (4) of sectio n 409.974, Florida 135 |
---|
| 209 | + | Statutes, is amended to read: 136 |
---|
| 210 | + | 409.974 Eligible plans. — 137 |
---|
| 211 | + | (4) CHILDREN'S MEDICAL SERVICES NETWORK.— 138 |
---|
| 212 | + | (a) The Department of Health's Children's Medical Services 139 |
---|
| 213 | + | program shall do all of the following: 140 |
---|
| 214 | + | 1. Effective July 1, 2025, transfer to the agency the 141 |
---|
| 215 | + | operation of managed care contracts procured by the department 142 |
---|
| 216 | + | for Medicaid and Children's Health Insurance Program services 143 |
---|
| 217 | + | provided to children and youth with special health care needs 144 |
---|
| 218 | + | who are enrolled in the Children's Medical Services Managed Care 145 |
---|
| 219 | + | Plan. 146 |
---|
| 220 | + | 2. Conduct clinical eligibility screening for children and 147 |
---|
| 221 | + | youth with special health care needs who are eligible for or are 148 |
---|
| 222 | + | enrolled in Medicaid or the Children's Health Insurance Program. 149 |
---|
| 223 | + | 3. Provide ongoing consultation to the agency to ensure 150 |
---|
236 | | - | Statutes, is amended to read: 151 |
---|
237 | | - | 391.016 Purposes and functions. —The Children's Medical 152 |
---|
238 | | - | Services program is established for the following purposes and 153 |
---|
239 | | - | authorized to perform the following functions: 154 |
---|
240 | | - | (1) Provide to children and youth with special health care 155 |
---|
241 | | - | needs a family-centered, comprehensive, and coordinated 156 |
---|
242 | | - | statewide managed system of care that links community -based 157 |
---|
243 | | - | health care with multidisciplinary, regional, and tertiary 158 |
---|
244 | | - | pediatric specialty care. The program shall coordinate and 159 |
---|
245 | | - | maintain a consistent medical home for participating children. 160 |
---|
246 | | - | Section 4. Subsections (1), (2), and (4) of section 161 |
---|
247 | | - | 391.021, Florida Statutes, are amended to read: 162 |
---|
248 | | - | 391.021 Definitions.—When used in this act, the term: 163 |
---|
249 | | - | (2)(1) "Children's Medical Services Managed Care Plan 164 |
---|
250 | | - | network" or "plan network" means a statewide managed care 165 |
---|
251 | | - | service system that includes health care providers, as defined 166 |
---|
252 | | - | in this section. 167 |
---|
253 | | - | (1)(2) "Children and youth with special health care needs" 168 |
---|
254 | | - | means those children and youth younger than 21 years of age who 169 |
---|
255 | | - | have chronic and serious physical, developmental, behavioral, or 170 |
---|
256 | | - | emotional conditions and who require health care and related 171 |
---|
257 | | - | services of a type or amount beyond that which is generally 172 |
---|
258 | | - | required by children and youth. 173 |
---|
259 | | - | (4) "Eligible individual" means a child or youth with a 174 |
---|
260 | | - | special health care need or a female with a high -risk pregnancy, 175 |
---|
| 236 | + | high-quality, family-centered, coordinated health services are 151 |
---|
| 237 | + | provided within an effective system of care for children and 152 |
---|
| 238 | + | youth with special health care needs. 153 |
---|
| 239 | + | (b) The agency shall establish specific measures of 154 |
---|
| 240 | + | access, quality, and costs of providing health care services to 155 |
---|
| 241 | + | children and youth with special health care needs. The agency 156 |
---|
| 242 | + | shall contract with an independent evaluator to conduct an 157 |
---|
| 243 | + | evaluation of services provided. The evaluation must include, 158 |
---|
| 244 | + | but need not be limited to, all of the following: 159 |
---|
| 245 | + | 1. A performance comparison of plans contracted to provide 160 |
---|
| 246 | + | services to children and youth with special health care needs as 161 |
---|
| 247 | + | well as plans contracted to serve a broader population of 162 |
---|
| 248 | + | Managed Medical Assistance enrollees. The perform ance comparison 163 |
---|
| 249 | + | must be based on the measures established by the agency and 164 |
---|
| 250 | + | differentiated based on the age and medical condition or 165 |
---|
| 251 | + | diagnosis of patients receiving services under each plan. 166 |
---|
| 252 | + | 2. For each plan, an assessment of cost savings, patient 167 |
---|
| 253 | + | choice, access to services, coordination of care, person -168 |
---|
| 254 | + | centered planning, health and quality -of-life outcomes, patient 169 |
---|
| 255 | + | and provider satisfaction, and provider networks and quality of 170 |
---|
| 256 | + | care. 171 |
---|
| 257 | + | 172 |
---|
| 258 | + | The agency shall submit the results of the evaluation to the 173 |
---|
| 259 | + | Governor, the President of the Senate, and the Speaker of the 174 |
---|
| 260 | + | House of Representatives by January 15, 2028 Participation by 175 |
---|
273 | | - | who meets the financial and medical eligibility standards 176 |
---|
274 | | - | established in s. 391.029. 177 |
---|
275 | | - | Section 5. Subsection (1) of section 391.025, Florida 178 |
---|
276 | | - | Statutes, is amended to read: 179 |
---|
277 | | - | 391.025 Applicability and scope. — 180 |
---|
278 | | - | (1) The Children's Medical Services program consists of 181 |
---|
279 | | - | the following components: 182 |
---|
280 | | - | (a) The newborn scr eening program established in s. 383.14 183 |
---|
281 | | - | and the newborn, infant, and toddler hearing screening program 184 |
---|
282 | | - | established in s. 383.145 . 185 |
---|
283 | | - | (b) The regional perinatal intensive care centers program 186 |
---|
284 | | - | established in ss. 383.15 -383.19. 187 |
---|
285 | | - | (c) The developmental evaluation and intervention program, 188 |
---|
286 | | - | including the Early Steps Program established in ss. 391.301 -189 |
---|
287 | | - | 391.308. 190 |
---|
288 | | - | (d) The Children's Medical Services Managed Care Plan 191 |
---|
289 | | - | through the end of June 30, 2025 network. 192 |
---|
290 | | - | (e) The Children's Multidi sciplinary Assessment Team. 193 |
---|
291 | | - | (f) The Medical Foster Care Program. 194 |
---|
292 | | - | (g) The Title V Children and Youth with Special Health 195 |
---|
293 | | - | Care Needs program. 196 |
---|
294 | | - | (h) The Safety Net Program. 197 |
---|
295 | | - | (i) Child Protection Teams and sexual abuse treatment 198 |
---|
296 | | - | programs established under s. 39.303. 199 |
---|
297 | | - | (j) The State Child Abuse Death Review Committee and local 200 |
---|
| 273 | + | the Children's Medical Services Network shall be pursuant to a 176 |
---|
| 274 | + | single, statewide contract with the agency that is not subject 177 |
---|
| 275 | + | to the procurement requirements or regional plan number limits 178 |
---|
| 276 | + | of this section. The Children's Medical Services Network must 179 |
---|
| 277 | + | meet all other plan requirements for the managed medical 180 |
---|
| 278 | + | assistance program. 181 |
---|
| 279 | + | Section 4. Subsection (1) of section 391.016, Florida 182 |
---|
| 280 | + | Statutes, is amended to read: 183 |
---|
| 281 | + | 391.016 Purposes and functions. —The Children's Medical 184 |
---|
| 282 | + | Services program is established for the following purposes and 185 |
---|
| 283 | + | authorized to perform the following functions: 186 |
---|
| 284 | + | (1) Provide to children and youth with special health care 187 |
---|
| 285 | + | needs a family-centered, comprehensive, and coordinated 188 |
---|
| 286 | + | statewide managed system of care that links community -based 189 |
---|
| 287 | + | health care with multidisciplinary, regional, and tertiary 190 |
---|
| 288 | + | pediatric specialty care. The program shall coordinate and 191 |
---|
| 289 | + | maintain a consistent medical h ome for participating children. 192 |
---|
| 290 | + | Section 5. Subsections (1), (2), and (4) of section 193 |
---|
| 291 | + | 391.021, Florida Statutes, are amended to read: 194 |
---|
| 292 | + | 391.021 Definitions. —When used in this act, the term: 195 |
---|
| 293 | + | (2)(1) "Children's Medical Services Managed Care Plan 196 |
---|
| 294 | + | network" or "plan network" means a statewide managed care 197 |
---|
| 295 | + | service system that includes health care providers, as defined 198 |
---|
| 296 | + | in this section. 199 |
---|
| 297 | + | (1)(2) "Children and youth with special health care needs" 200 |
---|
310 | | - | child abuse death review committees established in s. 383.402. 201 |
---|
311 | | - | Section 6. Section 391.026, Florida Statutes, is amended 202 |
---|
312 | | - | to read: 203 |
---|
313 | | - | 391.026 Powers and duties of the department. —The 204 |
---|
314 | | - | department shall have the following powers, duties, and 205 |
---|
315 | | - | responsibilities: 206 |
---|
316 | | - | (1) To provide or contract for the provision of health 207 |
---|
317 | | - | services to eligible individuals. 208 |
---|
318 | | - | (2) To provide services to abused and neglected children 209 |
---|
319 | | - | through Child Protection Teams pursuant to s. 39.303. 210 |
---|
320 | | - | (3) To determine the medical and financial eligibility of 211 |
---|
321 | | - | individuals seeking health services from the program. 212 |
---|
322 | | - | (4) To coordinate a comprehensive delivery system for 213 |
---|
323 | | - | eligible individuals to take maximum advantage of all available 214 |
---|
324 | | - | funds. 215 |
---|
325 | | - | (5) To coordinate with programs relating to children's 216 |
---|
326 | | - | medical services in cooperation with other public and private 217 |
---|
327 | | - | agencies. 218 |
---|
328 | | - | (6) To initiate and coordinate applications to federal 219 |
---|
329 | | - | agencies and private organizations for funds, services, or 220 |
---|
330 | | - | commodities relating to children's medical programs. 221 |
---|
331 | | - | (7) To sponsor or promote grants for projects, programs, 222 |
---|
332 | | - | education, or research in the field of children and youth with 223 |
---|
333 | | - | special health care needs, with an emphasis on early diagnosis 224 |
---|
334 | | - | and treatment. 225 |
---|
| 310 | + | means those children and youth younger than 21 years of age who 201 |
---|
| 311 | + | have chronic and serious physical, developmental, behavioral, or 202 |
---|
| 312 | + | emotional conditions and who require health care and related 203 |
---|
| 313 | + | services of a type or amount beyond that which is generally 204 |
---|
| 314 | + | required by children and youth. 205 |
---|
| 315 | + | (4) "Eligible individual" means a child or youth with a 206 |
---|
| 316 | + | special health care need or a female with a high -risk pregnancy, 207 |
---|
| 317 | + | who meets the financial and medical eligibility standards 208 |
---|
| 318 | + | established in s. 391.029. 209 |
---|
| 319 | + | Section 6. Subsection (1) of section 391.025, Florida 210 |
---|
| 320 | + | Statutes, is amended to read: 211 |
---|
| 321 | + | 391.025 Applicability and scope. — 212 |
---|
| 322 | + | (1) The Children's Medical Services program consists of 213 |
---|
| 323 | + | the following components: 214 |
---|
| 324 | + | (a) The newborn screening program established in s. 383.14 215 |
---|
| 325 | + | and the newborn, infant, and toddler hearing screening program 216 |
---|
| 326 | + | established in s. 383.145 . 217 |
---|
| 327 | + | (b) The regional perinatal intensive care centers program 218 |
---|
| 328 | + | established in ss. 383.15 -383.19. 219 |
---|
| 329 | + | (c) The developmental evaluation and intervention program, 220 |
---|
| 330 | + | including the Early Steps Program established in ss. 391.301-221 |
---|
| 331 | + | 391.308. 222 |
---|
| 332 | + | (d) The Children's Medical Services Managed Care Plan 223 |
---|
| 333 | + | through the end of June 30, 2025 network. 224 |
---|
| 334 | + | (e) The Children's Multidisciplinary Assessment Team. 225 |
---|
347 | | - | (8) To oversee and operate the Children's Medical Services 226 |
---|
348 | | - | Managed Care Plan through the end of June 30, 2025 network. 227 |
---|
349 | | - | (9) To establish reimbursement mechanisms for the 228 |
---|
350 | | - | Children's Medical Services network. 229 |
---|
351 | | - | (10) To establish Children's Medical Services netw ork 230 |
---|
352 | | - | standards and credentialing requirements for health care 231 |
---|
353 | | - | providers and health care services. 232 |
---|
354 | | - | (11) To serve as a provider and principal case manager for 233 |
---|
355 | | - | children with special health care needs under Titles XIX and XXI 234 |
---|
356 | | - | of the Social Security Act. 235 |
---|
357 | | - | (9)(12) To monitor the provision of health services in the 236 |
---|
358 | | - | program, including the utilization and quality of health 237 |
---|
359 | | - | services. 238 |
---|
360 | | - | (10)(13) To administer the Children and Youth with Special 239 |
---|
361 | | - | Health Care Needs program in accordance with Title V of the 240 |
---|
362 | | - | Social Security Act. 241 |
---|
363 | | - | (14) To establish and operate a grievance resolution 242 |
---|
364 | | - | process for participants and health care providers. 243 |
---|
365 | | - | (15) To maintain program integrity in the Children's 244 |
---|
366 | | - | Medical Services program. 245 |
---|
367 | | - | (11)(16) To receive and manage health care premiums, 246 |
---|
368 | | - | capitation payments, and funds from federal, state, local, and 247 |
---|
369 | | - | private entities for the program. The department may contract 248 |
---|
370 | | - | with a third-party administrator for processing claims, 249 |
---|
371 | | - | monitoring medical expenses, and other related services 250 |
---|
| 347 | + | (f) The Medical Foster Care Program. 226 |
---|
| 348 | + | (g) The Title V Children and Youth wit h Special Health 227 |
---|
| 349 | + | Care Needs program. 228 |
---|
| 350 | + | (h) The Safety Net Program. 229 |
---|
| 351 | + | (i) Child Protection Teams and sexual abuse treatment 230 |
---|
| 352 | + | programs established under s. 39.303. 231 |
---|
| 353 | + | (j) The State Child Abuse Death Review Committee and local 232 |
---|
| 354 | + | child abuse death review committees established in s. 383.402. 233 |
---|
| 355 | + | Section 7. Section 391.026, Florida Statutes, is amended 234 |
---|
| 356 | + | to read: 235 |
---|
| 357 | + | 391.026 Powers and duties of the department. —The 236 |
---|
| 358 | + | department shall have the following powers, duties, and 237 |
---|
| 359 | + | responsibilities: 238 |
---|
| 360 | + | (1) To provide or con tract for the provision of health 239 |
---|
| 361 | + | services to eligible individuals. 240 |
---|
| 362 | + | (2) To provide services to abused and neglected children 241 |
---|
| 363 | + | through Child Protection Teams pursuant to s. 39.303. 242 |
---|
| 364 | + | (3) To determine the medical and financial eligibility of 243 |
---|
| 365 | + | individuals seeking health services from the program. 244 |
---|
| 366 | + | (4) To coordinate a comprehensive delivery system for 245 |
---|
| 367 | + | eligible individuals to take maximum advantage of all available 246 |
---|
| 368 | + | funds. 247 |
---|
| 369 | + | (5) To coordinate with programs relating to children's 248 |
---|
| 370 | + | medical services in cooperation w ith other public and private 249 |
---|
| 371 | + | agencies. 250 |
---|
384 | | - | necessary to the effici ent and cost-effective operation of the 251 |
---|
385 | | - | Children's Medical Services Managed Care Plan through the end of 252 |
---|
386 | | - | June 30, 2025 network. The department is authorized to maintain 253 |
---|
387 | | - | a minimum reserve for the Children's Medical Services network in 254 |
---|
388 | | - | an amount that is the greater of: 255 |
---|
389 | | - | (a) Ten percent of total projected expenditures for Title 256 |
---|
390 | | - | XIX-funded and Title XXI -funded children; or 257 |
---|
391 | | - | (b) Two percent of total annualized payments from the 258 |
---|
392 | | - | Agency for Health Care Administration for Title XIX and Title 259 |
---|
393 | | - | XXI of the Social Sec urity Act. 260 |
---|
394 | | - | (12)(17) To provide or contract for peer review and other 261 |
---|
395 | | - | quality-improvement activities. 262 |
---|
396 | | - | (13)(18) To adopt rules pursuant to ss. 120.536(1) and 263 |
---|
397 | | - | 120.54 to administer the Children's Medical Services Act. 264 |
---|
398 | | - | (14)(19) To serve as the lead agency in administering the 265 |
---|
399 | | - | Early Steps Program pursuant to part C of the federal 266 |
---|
400 | | - | Individuals with Disabilities Education Act and part III of this 267 |
---|
401 | | - | chapter. 268 |
---|
402 | | - | (15) To administer the Medical Foster Care Program, 269 |
---|
403 | | - | including all of the following: 270 |
---|
404 | | - | (a) Recruitment, training, assessment, and monitoring for 271 |
---|
405 | | - | the Medical Foster Care Program. 272 |
---|
406 | | - | (b) Monitoring access and facilitating admissions of 273 |
---|
407 | | - | eligible children and youth to the program and designated 274 |
---|
408 | | - | medical foster care homes. 275 |
---|
| 384 | + | (6) To initiate and coordinate applications to federal 251 |
---|
| 385 | + | agencies and private organizations for funds, services, or 252 |
---|
| 386 | + | commodities relating to children's medical programs. 253 |
---|
| 387 | + | (7) To sponsor or promote grants for projects, programs, 254 |
---|
| 388 | + | education, or research in the field of children and youth with 255 |
---|
| 389 | + | special health care needs, with an emphasis on early diagnosis 256 |
---|
| 390 | + | and treatment. 257 |
---|
| 391 | + | (8) To oversee and operate the Children's Medical Services 258 |
---|
| 392 | + | Managed Care Plan through the end of June 3 0, 2025 network. 259 |
---|
| 393 | + | (9) To establish reimbursement mechanisms for the 260 |
---|
| 394 | + | Children's Medical Services network. 261 |
---|
| 395 | + | (10) To establish Children's Medical Services network 262 |
---|
| 396 | + | standards and credentialing requirements for health care 263 |
---|
| 397 | + | providers and health care services. 264 |
---|
| 398 | + | (11) To serve as a provider and principal case manager for 265 |
---|
| 399 | + | children with special health care needs under Titles XIX and XXI 266 |
---|
| 400 | + | of the Social Security Act. 267 |
---|
| 401 | + | (9)(12) To monitor the provision of health services in the 268 |
---|
| 402 | + | program, including the utilization and qua lity of health 269 |
---|
| 403 | + | services. 270 |
---|
| 404 | + | (10)(13) To administer the Children and Youth with Special 271 |
---|
| 405 | + | Health Care Needs program in accordance with Title V of the 272 |
---|
| 406 | + | Social Security Act. 273 |
---|
| 407 | + | (14) To establish and operate a grievance resolution 274 |
---|
| 408 | + | process for participants and healt h care providers. 275 |
---|
421 | | - | (c) Coordination with the Department of C hildren and 276 |
---|
422 | | - | Families and the Agency for Health Care Administration or their 277 |
---|
423 | | - | designees. 278 |
---|
424 | | - | Section 7. Effective July, 1, 2025, subsections (8) 279 |
---|
425 | | - | through (11) of section 391.026, Florida Statutes, as amended by 280 |
---|
426 | | - | this act, are repealed. 281 |
---|
427 | | - | Section 8. Effective July 1, 2025, section 391.028, 282 |
---|
428 | | - | Florida Statutes, is repealed. 283 |
---|
429 | | - | Section 9. Subsections (2) and (3) of section 391.029, 284 |
---|
430 | | - | Florida Statutes, are amended to read: 285 |
---|
431 | | - | 391.029 Program eligibility. — 286 |
---|
432 | | - | (2) The following individuals are eligible to receive 287 |
---|
433 | | - | services through the program: 288 |
---|
434 | | - | (a) Related to the regional perinatal intensive care 289 |
---|
435 | | - | centers, a high-risk pregnant female who is enrolled in 290 |
---|
436 | | - | Medicaid. 291 |
---|
437 | | - | (b) Children and youth with serious special health care 292 |
---|
438 | | - | needs from birth to 21 years of age who are enr olled in 293 |
---|
439 | | - | Medicaid. 294 |
---|
440 | | - | (c) Children and youth with serious special health care 295 |
---|
441 | | - | needs from birth to 19 years of age who are enrolled in a 296 |
---|
442 | | - | program under Title XXI of the Social Security Act. 297 |
---|
443 | | - | (3) Subject to the availability of funds, the following 298 |
---|
444 | | - | individuals may receive services through the Children's Medical 299 |
---|
445 | | - | Services Safety Net program: 300 |
---|
| 421 | + | (15) To maintain program integrity in the Children's 276 |
---|
| 422 | + | Medical Services program. 277 |
---|
| 423 | + | (11)(16) To receive and manage health care premiums, 278 |
---|
| 424 | + | capitation payments, and funds from federal, state, local, and 279 |
---|
| 425 | + | private entities for the program. The d epartment may contract 280 |
---|
| 426 | + | with a third-party administrator for processing claims, 281 |
---|
| 427 | + | monitoring medical expenses, and other related services 282 |
---|
| 428 | + | necessary to the efficient and cost -effective operation of the 283 |
---|
| 429 | + | Children's Medical Services Managed Care Plan through the end of 284 |
---|
| 430 | + | June 30, 2025 network. The department is authorized to maintain 285 |
---|
| 431 | + | a minimum reserve for the Children's Medical Services network in 286 |
---|
| 432 | + | an amount that is the greater of: 287 |
---|
| 433 | + | (a) Ten percent of total projected expenditures for Title 288 |
---|
| 434 | + | XIX-funded and Title XXI -funded children; or 289 |
---|
| 435 | + | (b) Two percent of total annualized payments from the 290 |
---|
| 436 | + | Agency for Health Care Administration for Title XIX and Title 291 |
---|
| 437 | + | XXI of the Social Security Act . 292 |
---|
| 438 | + | (12)(17) To provide or contract for peer review and other 293 |
---|
| 439 | + | quality-improvement activities. 294 |
---|
| 440 | + | (13)(18) To adopt rules pursuant to ss. 120.536(1) and 295 |
---|
| 441 | + | 120.54 to administer the Children's Medical Services Act. 296 |
---|
| 442 | + | (14)(19) To serve as the lead agency in administering the 297 |
---|
| 443 | + | Early Steps Program pursuant to part C of the federal 298 |
---|
| 444 | + | Individuals with Disab ilities Education Act and part III of this 299 |
---|
| 445 | + | chapter. 300 |
---|
458 | | - | (a) Children and youth with serious special health care 301 |
---|
459 | | - | needs from birth to 21 years of age who do not qualify for 302 |
---|
460 | | - | Medicaid or Title XXI of the Social Security Act but who are 303 |
---|
461 | | - | unable to access, due to lack of providers or lack of financial 304 |
---|
462 | | - | resources, specialized services that are medically necessary or 305 |
---|
463 | | - | essential family support services. Families shall participate 306 |
---|
464 | | - | financially in the cost of care based on a sliding fee scale 307 |
---|
465 | | - | established by the department. 308 |
---|
466 | | - | (b) Children and youth with special health care needs from 309 |
---|
467 | | - | birth to 21 years of age, as provided in Title V of the Social 310 |
---|
468 | | - | Security Act. 311 |
---|
469 | | - | (c) An infant who receives an award of compensation under 312 |
---|
470 | | - | s. 766.31(1). The Florida Birth-Related Neurological Injury 313 |
---|
471 | | - | Compensation Association shall reimburse the Children's Medical 314 |
---|
472 | | - | Services Network the state's share of funding, which must 315 |
---|
473 | | - | thereafter be used to obtain matching federal funds under Title 316 |
---|
474 | | - | XXI of the Social Security Act. 317 |
---|
475 | | - | Section 10. Section 391.0315, Florida Statutes, is amended 318 |
---|
476 | | - | to read: 319 |
---|
477 | | - | 391.0315 Benefits.—Benefits provided under the Children's 320 |
---|
478 | | - | Medical Services Managed Care Plan program for children with 321 |
---|
479 | | - | special health care needs shall be equivalent to benefits 322 |
---|
480 | | - | provided to children as specified in ss. 409.905 and 409.906. 323 |
---|
481 | | - | The department may offer additional benefits through Children's 324 |
---|
482 | | - | Medical Services programs for early intervention services, 325 |
---|
| 458 | + | (15) To administer the Medical Foster Care Program, 301 |
---|
| 459 | + | including all of the following: 302 |
---|
| 460 | + | (a) Recruitment, training, assessment, and monitoring for 303 |
---|
| 461 | + | the Medical Foster Care Program. 304 |
---|
| 462 | + | (b) Monitoring access a nd facilitating admissions of 305 |
---|
| 463 | + | eligible children and youth to the program and designated 306 |
---|
| 464 | + | medical foster care homes. 307 |
---|
| 465 | + | (c) Coordination with the Department of Children and 308 |
---|
| 466 | + | Families and the Agency for Health Care Administration or their 309 |
---|
| 467 | + | designees. 310 |
---|
| 468 | + | Section 8. Effective July, 1, 2025, subsections (8) 311 |
---|
| 469 | + | through (11) of section 391.026, Florida Statutes, as amended by 312 |
---|
| 470 | + | this act, are repealed. 313 |
---|
| 471 | + | Section 9. Effective July 1, 2025, section 391.028, 314 |
---|
| 472 | + | Florida Statutes, is repealed. 315 |
---|
| 473 | + | Section 10. Subsections (2) and (3) of section 391.029, 316 |
---|
| 474 | + | Florida Statutes, are amended to read: 317 |
---|
| 475 | + | 391.029 Program eligibility. — 318 |
---|
| 476 | + | (2) The following individuals are eligible to receive 319 |
---|
| 477 | + | services through the program: 320 |
---|
| 478 | + | (a) Related to the regional perinatal intensive care 321 |
---|
| 479 | + | centers, a high-risk pregnant female who is enrolled in 322 |
---|
| 480 | + | Medicaid. 323 |
---|
| 481 | + | (b) Children and youth with serious special health care 324 |
---|
| 482 | + | needs from birth to 21 years of age who are enrolled in 325 |
---|
495 | | - | respite services, genetic testing, genetic and nutritional 326 |
---|
496 | | - | counseling, and parent support services, if such services are 327 |
---|
497 | | - | determined to be medically necessary. This section is repealed 328 |
---|
498 | | - | on January 1, 2026. 329 |
---|
499 | | - | Section 11. Section 391.035, Florida Statutes, is 330 |
---|
500 | | - | repealed. 331 |
---|
501 | | - | Section 12. Effective January 1, 2026, section 391.037, 332 |
---|
502 | | - | Florida Statutes, is repealed. 333 |
---|
503 | | - | Section 13. Section 391.045, Florida Statutes, is 334 |
---|
504 | | - | repealed. 335 |
---|
505 | | - | Section 14. Effective January 1, 2026, section 391.047, 336 |
---|
506 | | - | Florida Statutes, is repealed. 337 |
---|
507 | | - | Section 15. Effective January 1, 2026, section 391.055, 338 |
---|
508 | | - | Florida Statutes, is repealed. 339 |
---|
509 | | - | Section 16. Effective January 1, 2026, section 391.071, 340 |
---|
510 | | - | Florida Statutes, is repealed. 341 |
---|
511 | | - | Section 17. Section 391.097, Florida Statutes, is amended 342 |
---|
512 | | - | to read: 343 |
---|
513 | | - | 391.097 Research and evaluation. — 344 |
---|
514 | | - | (1) The department may initiate, fund, and co nduct 345 |
---|
515 | | - | research and evaluation projects to improve the delivery of 346 |
---|
516 | | - | children's medical services. The department may cooperate with 347 |
---|
517 | | - | public and private agencies engaged in work of a similar nature. 348 |
---|
518 | | - | (2) The Children's Medical Services network shall be 349 |
---|
519 | | - | included in any evaluation conducted in accordance with the 350 |
---|
| 495 | + | Medicaid. 326 |
---|
| 496 | + | (c) Children and youth with serious special health care 327 |
---|
| 497 | + | needs from birth to 19 year s of age who are enrolled in a 328 |
---|
| 498 | + | program under Title XXI of the Social Security Act. 329 |
---|
| 499 | + | (3) Subject to the availability of funds, the following 330 |
---|
| 500 | + | individuals may receive services through the Children's Medical 331 |
---|
| 501 | + | Services Safety Net program: 332 |
---|
| 502 | + | (a) Children and youth with serious special health care 333 |
---|
| 503 | + | needs from birth to 21 years of age who do not qualify for 334 |
---|
| 504 | + | Medicaid or Title XXI of the Social Security Act but who are 335 |
---|
| 505 | + | unable to access, due to lack of providers or lack of financial 336 |
---|
| 506 | + | resources, specialized services that are medically necessary or 337 |
---|
| 507 | + | essential family support services. Families shall participate 338 |
---|
| 508 | + | financially in the cost of care based on a sliding fee scale 339 |
---|
| 509 | + | established by the department. 340 |
---|
| 510 | + | (b) Children and youth with special health care needs from 341 |
---|
| 511 | + | birth to 21 years of age, as provided in Title V of the Social 342 |
---|
| 512 | + | Security Act. 343 |
---|
| 513 | + | (c) An infant who receives an award of compensation under 344 |
---|
| 514 | + | s. 766.31(1). The Florida Birth-Related Neurological Injury 345 |
---|
| 515 | + | Compensation Association shall reimburse the Children's Medical 346 |
---|
| 516 | + | Services Network the state's share of funding, which must 347 |
---|
| 517 | + | thereafter be used to obtain matching federal funds under Title 348 |
---|
| 518 | + | XXI of the Social Security Act. 349 |
---|
| 519 | + | Section 11. Section 391.0315, Florida Statutes, is amended 350 |
---|
532 | | - | provisions of Title XXI of the Social Security Act as enacted by 351 |
---|
533 | | - | the Legislature. 352 |
---|
534 | | - | Section 18. Part II of chapter 391, Florida Statutes, 353 |
---|
535 | | - | consisting of ss. 391.221 and 391.223, Florida Statutes, is 354 |
---|
536 | | - | repealed, and part III of that chapter is redesignated as part 355 |
---|
537 | | - | II. 356 |
---|
538 | | - | Section 19. Effective July 1, 2025, paragraph (b) of 357 |
---|
539 | | - | subsection (5) of section 409.166, Florida Statutes, is amended 358 |
---|
540 | | - | to read: 359 |
---|
541 | | - | 409.166 Children within the child welfare system; adoption 360 |
---|
542 | | - | assistance program.— 361 |
---|
543 | | - | (5) ELIGIBILITY FOR SERVICES. — 362 |
---|
544 | | - | (b) A child who is handicapped at the time of adoption is 363 |
---|
545 | | - | shall be eligible for services through a plan under contract 364 |
---|
546 | | - | with the agency to serve children and youth with special heath 365 |
---|
547 | | - | care needs the Children's Medical Services network established 366 |
---|
548 | | - | under part I of chapter 391 if the child was eligible for such 367 |
---|
549 | | - | services before prior to the adoption. 368 |
---|
550 | | - | Section 20. Effective July 1, 2025, subsection (7) of 369 |
---|
551 | | - | section 409.811, Florida Statutes, is amended to read: 370 |
---|
552 | | - | 409.811 Definitions relating to Florida Kidcare Act. —As 371 |
---|
553 | | - | used in ss. 409.810-409.821, the term: 372 |
---|
554 | | - | (7) "Children's Medical Services Network" or "network" 373 |
---|
555 | | - | means a statewide managed care service system as defined in s. 374 |
---|
556 | | - | 391.021(1). 375 |
---|
| 532 | + | to read: 351 |
---|
| 533 | + | 391.0315 Benefits.—Benefits provided under the Children's 352 |
---|
| 534 | + | Medical Services Managed Care Plan program for children with 353 |
---|
| 535 | + | special health care needs shall be equivalent to benefits 354 |
---|
| 536 | + | provided to children as specified in ss. 409.905 and 409.906. 355 |
---|
| 537 | + | The department may offer additional benefits through Children's 356 |
---|
| 538 | + | Medical Services programs for early intervention services, 357 |
---|
| 539 | + | respite services, genetic testing, genetic and nutritional 358 |
---|
| 540 | + | counseling, and parent support services, if such services are 359 |
---|
| 541 | + | determined to be medically necessary. This section is repealed 360 |
---|
| 542 | + | on January 1, 2026. 361 |
---|
| 543 | + | Section 12. Section 391.035, Florida Statutes, is 362 |
---|
| 544 | + | repealed. 363 |
---|
| 545 | + | Section 13. Effective January 1, 2026, section 391.037, 364 |
---|
| 546 | + | Florida Statutes, is repealed. 365 |
---|
| 547 | + | Section 14. Section 391.045, Florida Statutes, is 366 |
---|
| 548 | + | repealed. 367 |
---|
| 549 | + | Section 15. Effective January 1, 2026, section 391.047, 368 |
---|
| 550 | + | Florida Statutes, is repealed. 369 |
---|
| 551 | + | Section 16. Effective January 1, 2026, section 391.055, 370 |
---|
| 552 | + | Florida Statutes, is repealed. 371 |
---|
| 553 | + | Section 17. Effective January 1, 2026, section 391.071, 372 |
---|
| 554 | + | Florida Statutes, is repealed. 373 |
---|
| 555 | + | Section 18. Section 391.097, Florida Statutes, is amended 374 |
---|
| 556 | + | to read: 375 |
---|
569 | | - | Section 21. Effective July 1, 2025, subsection (1) of 376 |
---|
570 | | - | section 409.813, Florida Statutes, is amended to read: 377 |
---|
571 | | - | 409.813 Health benefits coverage; program components; 378 |
---|
572 | | - | entitlement and nonentitlement. — 379 |
---|
573 | | - | (1) The Florida Kidcare program includes health benefits 380 |
---|
574 | | - | coverage provided to children through the following program 381 |
---|
575 | | - | components, which shall be marketed as the Florida Kidcare 382 |
---|
576 | | - | program: 383 |
---|
577 | | - | (a) Medicaid; 384 |
---|
578 | | - | (b) Medikids as created in s. 409.8132; 385 |
---|
579 | | - | (c) The Florida Healthy Kids Corporation as created in s. 386 |
---|
580 | | - | 624.91; 387 |
---|
581 | | - | (d) Employer-sponsored group health insurance plans 388 |
---|
582 | | - | approved under ss. 409.810 -409.821; and 389 |
---|
583 | | - | (e) Plans under contract with the agency to serve children 390 |
---|
584 | | - | and youth with special health care needs The Children's Medical 391 |
---|
585 | | - | Services network established in chapter 391 . 392 |
---|
586 | | - | Section 22. Effective July 1, 2025, subsection (3) of 393 |
---|
587 | | - | section 409.8134, Florida Statutes, is amended to read: 394 |
---|
588 | | - | 409.8134 Program expenditure ceiling; enrollment. — 395 |
---|
589 | | - | (3) Upon determination by the Social Services Estimating 396 |
---|
590 | | - | Conference that there are insuffi cient funds to finance the 397 |
---|
591 | | - | current enrollment in the Florida Kidcare program within current 398 |
---|
592 | | - | appropriations, the program shall initiate disenrollment 399 |
---|
593 | | - | procedures to remove enrollees, except those children enrolled 400 |
---|
| 569 | + | 391.097 Research and evaluation. — 376 |
---|
| 570 | + | (1) The department may initiate, fund, and conduct 377 |
---|
| 571 | + | research and evaluation projects to improve the delivery of 378 |
---|
| 572 | + | children's medical services. The depar tment may cooperate with 379 |
---|
| 573 | + | public and private agencies engaged in work of a similar nature. 380 |
---|
| 574 | + | (2) The Children's Medical Services network shall be 381 |
---|
| 575 | + | included in any evaluation conducted in accordance with the 382 |
---|
| 576 | + | provisions of Title XXI of the Social Security Act as enacted by 383 |
---|
| 577 | + | the Legislature. 384 |
---|
| 578 | + | Section 19. Part II of chapter 391, Florida Statutes, 385 |
---|
| 579 | + | consisting of ss. 391.221 and 391.223, Florida Statutes, is 386 |
---|
| 580 | + | repealed, and part III of that chapter is redesignated as part 387 |
---|
| 581 | + | II. 388 |
---|
| 582 | + | Section 20. Effective July 1, 2025, paragraph (b) of 389 |
---|
| 583 | + | subsection (5) of section 409.166, Florida Statutes, is amended 390 |
---|
| 584 | + | to read: 391 |
---|
| 585 | + | 409.166 Children within the child welfare system; adoption 392 |
---|
| 586 | + | assistance program.— 393 |
---|
| 587 | + | (5) ELIGIBILITY FOR SERVICES. — 394 |
---|
| 588 | + | (b) A child who is handicapped at the time of ado ption is 395 |
---|
| 589 | + | shall be eligible for services through a plan under contract 396 |
---|
| 590 | + | with the agency to serve children and youth with special heath 397 |
---|
| 591 | + | care needs the Children's Medical Services network established 398 |
---|
| 592 | + | under part I of chapter 391 if the child was eligible for such 399 |
---|
| 593 | + | services before prior to the adoption. 400 |
---|
606 | | - | in a plan under contract with the agency to serve children with 401 |
---|
607 | | - | special health care needs the Children's Medical Services 402 |
---|
608 | | - | Network, on a last-in, first-out basis until the expenditure and 403 |
---|
609 | | - | appropriation levels are balanced. 404 |
---|
610 | | - | Section 23. Subsection (3) and paragraph (c) of subsection 405 |
---|
611 | | - | (10) of section 409.814, Florida Statutes, are amended to read: 406 |
---|
612 | | - | 409.814 Eligibility. —A child who has not reached 19 years 407 |
---|
613 | | - | of age whose family income is equal to or below 300 percent of 408 |
---|
614 | | - | the federal poverty level is eligible for the Florida Kidcare 409 |
---|
615 | | - | program as provided in this section. If an enrolled individual 410 |
---|
616 | | - | is determined to be ineligible for coverage, he or she must be 411 |
---|
617 | | - | immediately disenrolled from the respective Florida Kidcare 412 |
---|
618 | | - | program component. 413 |
---|
619 | | - | (3) A Title XXI-funded child who is eligible for the 414 |
---|
620 | | - | Florida Kidcare program who is a child with special health care 415 |
---|
621 | | - | needs, as determined through a medical or behavioral screening 416 |
---|
622 | | - | instrument, is eligible for health benefits coverage from and 417 |
---|
623 | | - | shall be assigned to and may opt out of a plan under contract 418 |
---|
624 | | - | with the agency to serv e children with special health care needs 419 |
---|
625 | | - | the Children's Medical Services Network . 420 |
---|
626 | | - | (10) In determining the eligibility of a child, an assets 421 |
---|
627 | | - | test is not required. If eligibility for the Florida Kidcare 422 |
---|
628 | | - | program cannot be verified using reliable data sourc es in 423 |
---|
629 | | - | accordance with federal requirements, each applicant shall 424 |
---|
630 | | - | provide documentation during the application process and the 425 |
---|
| 606 | + | Section 21. Effective July 1, 2025, subsection (7) of 401 |
---|
| 607 | + | section 409.811, Florida Statutes, is amended to read: 402 |
---|
| 608 | + | 409.811 Definitions relating to Florida Kidcare Act. —As 403 |
---|
| 609 | + | used in ss. 409.810-409.821, the term: 404 |
---|
| 610 | + | (7) "Children's Medical Services Network" or "network" 405 |
---|
| 611 | + | means a statewide managed care service system as defined in s. 406 |
---|
| 612 | + | 391.021(1). 407 |
---|
| 613 | + | Section 22. Effective July 1, 2025, subsection (1) of 408 |
---|
| 614 | + | section 409.813, Florida Statutes, is amended to read: 409 |
---|
| 615 | + | 409.813 Health benefits coverage; program components; 410 |
---|
| 616 | + | entitlement and nonentitlement. — 411 |
---|
| 617 | + | (1) The Florida Kidcare program includes health benefits 412 |
---|
| 618 | + | coverage provided to children through the following program 413 |
---|
| 619 | + | components, which shall be m arketed as the Florida Kidcare 414 |
---|
| 620 | + | program: 415 |
---|
| 621 | + | (a) Medicaid; 416 |
---|
| 622 | + | (b) Medikids as created in s. 409.8132; 417 |
---|
| 623 | + | (c) The Florida Healthy Kids Corporation as created in s. 418 |
---|
| 624 | + | 624.91; 419 |
---|
| 625 | + | (d) Employer-sponsored group health insurance plans 420 |
---|
| 626 | + | approved under ss. 409.810 -409.821; and 421 |
---|
| 627 | + | (e) Plans under contract with the agency to serve children 422 |
---|
| 628 | + | and youth with special health care needs The Children's Medical 423 |
---|
| 629 | + | Services network established in chapter 391 . 424 |
---|
| 630 | + | Section 23. Effective July 1, 2025, subsection (3) of 425 |
---|
643 | | - | redetermination process, including, but not limited to, the 426 |
---|
644 | | - | following: 427 |
---|
645 | | - | (c) To enroll in a plan under contract with the agency to 428 |
---|
646 | | - | service children with special health care needs the Children's 429 |
---|
647 | | - | Medical Services Network , a completed application, including a 430 |
---|
648 | | - | Children's Medical Services clinical screening. 431 |
---|
649 | | - | Section 24. Effective July 1, 2025, paragraph (t) of 432 |
---|
650 | | - | subsection (2) of sectio n 409.815, Florida Statutes, is amended 433 |
---|
651 | | - | to read: 434 |
---|
652 | | - | 409.815 Health benefits coverage; limitations. — 435 |
---|
653 | | - | (2) BENCHMARK BENEFITS. —In order for health benefits 436 |
---|
654 | | - | coverage to qualify for premium assistance payments for an 437 |
---|
655 | | - | eligible child under ss. 409.810 -409.821, the health benefits 438 |
---|
656 | | - | coverage, except for coverage under Medicaid and Medikids, must 439 |
---|
657 | | - | include the following minimum benefits, as medically necessary. 440 |
---|
658 | | - | (t) Enhancements to minimum requirements. — 441 |
---|
659 | | - | 1. This section sets the minimum benefits that must be 442 |
---|
660 | | - | included in any health benefits coverage, other than Medicaid or 443 |
---|
661 | | - | Medikids coverage, offered under ss. 409.810 -409.821. Health 444 |
---|
662 | | - | benefits coverage may include additional benefits not included 445 |
---|
663 | | - | under this subsection, but may not include benefits excluded 446 |
---|
664 | | - | under paragraph (r). 447 |
---|
665 | | - | 2. Health benefits coverage may extend any limitations 448 |
---|
666 | | - | beyond the minimum benefits described in this section. 449 |
---|
667 | | - | 450 |
---|
| 643 | + | section 409.8134, Florid a Statutes, is amended to read: 426 |
---|
| 644 | + | 409.8134 Program expenditure ceiling; enrollment. — 427 |
---|
| 645 | + | (3) Upon determination by the Social Services Estimating 428 |
---|
| 646 | + | Conference that there are insufficient funds to finance the 429 |
---|
| 647 | + | current enrollment in the Florida Kidcare program wi thin current 430 |
---|
| 648 | + | appropriations, the program shall initiate disenrollment 431 |
---|
| 649 | + | procedures to remove enrollees, except those children enrolled 432 |
---|
| 650 | + | in a plan under contract with the agency to serve children with 433 |
---|
| 651 | + | special health care needs the Children's Medical Services 434 |
---|
| 652 | + | Network, on a last-in, first-out basis until the expenditure and 435 |
---|
| 653 | + | appropriation levels are balanced. 436 |
---|
| 654 | + | Section 24. Subsection (3) and paragraph (c) of subsection 437 |
---|
| 655 | + | (10) of section 409.814, Florida Statutes, are amended to read: 438 |
---|
| 656 | + | 409.814 Eligibility. —A child who has not reached 19 years 439 |
---|
| 657 | + | of age whose family income is equal to or below 300 percent of 440 |
---|
| 658 | + | the federal poverty level is eligible for the Florida Kidcare 441 |
---|
| 659 | + | program as provided in this section. If an enrolled individual 442 |
---|
| 660 | + | is determined to be ineligible for cov erage, he or she must be 443 |
---|
| 661 | + | immediately disenrolled from the respective Florida Kidcare 444 |
---|
| 662 | + | program component. 445 |
---|
| 663 | + | (3) A Title XXI-funded child who is eligible for the 446 |
---|
| 664 | + | Florida Kidcare program who is a child with special health care 447 |
---|
| 665 | + | needs, as determined through a me dical or behavioral screening 448 |
---|
| 666 | + | instrument, is eligible for health benefits coverage from and 449 |
---|
| 667 | + | shall be assigned to and may opt out of a plan under contract 450 |
---|
680 | | - | Except for a plan under contract with the agency to serve 451 |
---|
681 | | - | children with special health care needs the Children's Medical 452 |
---|
682 | | - | Services Network, the agency may not increase the premium 453 |
---|
683 | | - | assistance payment for either additional benefits provided 454 |
---|
684 | | - | beyond the minimum benefits described in this section or the 455 |
---|
685 | | - | imposition of less restrictive service limitations. 456 |
---|
686 | | - | Section 25. Effective July 1, 2025, paragraph (i) of 457 |
---|
687 | | - | subsection (1) of section 409.8177, Florida Statutes, is amended 458 |
---|
688 | | - | to read: 459 |
---|
689 | | - | 409.8177 Program evaluation. — 460 |
---|
690 | | - | (1) The agency, in consultation with the Department of 461 |
---|
691 | | - | Health, the Department of Children and Families, and the Florida 462 |
---|
692 | | - | Healthy Kids Corporation, shall contract for an evaluation of 463 |
---|
693 | | - | the Florida Kidcare program and shall by January 1 of each year 464 |
---|
694 | | - | submit to the Governor, the President of the Senate, and the 465 |
---|
695 | | - | Speaker of the House of Representatives a report of the program. 466 |
---|
696 | | - | In addition to the items specified under s. 2108 of Title XXI of 467 |
---|
697 | | - | the Social Security Act, the report shall include an assessment 468 |
---|
698 | | - | of crowd-out and access to health care, as well as the 469 |
---|
699 | | - | following: 470 |
---|
700 | | - | (i) An assessment of the effectiveness of the Florida 471 |
---|
701 | | - | Kidcare program, inc luding Medicaid, the Florida Healthy Kids 472 |
---|
702 | | - | program, Medikids, and the plans under contract with the agency 473 |
---|
703 | | - | to serve children with special health care needs Children's 474 |
---|
704 | | - | Medical Services network , and other public and private programs 475 |
---|
| 680 | + | with the agency to serve children with special health care needs 451 |
---|
| 681 | + | the Children's Medical Services Netwo rk. 452 |
---|
| 682 | + | (10) In determining the eligibility of a child, an assets 453 |
---|
| 683 | + | test is not required. If eligibility for the Florida Kidcare 454 |
---|
| 684 | + | program cannot be verified using reliable data sources in 455 |
---|
| 685 | + | accordance with federal requirements, each applicant shall 456 |
---|
| 686 | + | provide documentation during the application process and the 457 |
---|
| 687 | + | redetermination process, including, but not limited to, the 458 |
---|
| 688 | + | following: 459 |
---|
| 689 | + | (c) To enroll in a plan under contract with the agency to 460 |
---|
| 690 | + | service children with special health care needs the Children's 461 |
---|
| 691 | + | Medical Services Network, a completed application, including a 462 |
---|
| 692 | + | Children's Medical Services clinical screening. 463 |
---|
| 693 | + | Section 25. Effective July 1, 2025, paragraph (t) of 464 |
---|
| 694 | + | subsection (2) of section 409.815, Florida Statutes, is amended 465 |
---|
| 695 | + | to read: 466 |
---|
| 696 | + | 409.815 Health benefits cove rage; limitations.— 467 |
---|
| 697 | + | (2) BENCHMARK BENEFITS. —In order for health benefits 468 |
---|
| 698 | + | coverage to qualify for premium assistance payments for an 469 |
---|
| 699 | + | eligible child under ss. 409.810 -409.821, the health benefits 470 |
---|
| 700 | + | coverage, except for coverage under Medicaid and Medikids, m ust 471 |
---|
| 701 | + | include the following minimum benefits, as medically necessary. 472 |
---|
| 702 | + | (t) Enhancements to minimum requirements. — 473 |
---|
| 703 | + | 1. This section sets the minimum benefits that must be 474 |
---|
| 704 | + | included in any health benefits coverage, other than Medicaid or 475 |
---|
717 | | - | in the state in increasing the availability of affordable 476 |
---|
718 | | - | quality health insurance and health care for children. 477 |
---|
719 | | - | Section 26. Effective July 1, 2025, subsection (4) of 478 |
---|
720 | | - | section 409.818, Florida Statutes, is amended to read: 479 |
---|
721 | | - | 409.818 Administration. —In order to implement ss. 409. 810-480 |
---|
722 | | - | 409.821, the following agencies shall have the following duties: 481 |
---|
723 | | - | (4) The Office of Insurance Regulation shall certify that 482 |
---|
724 | | - | health benefits coverage plans that seek to provide services 483 |
---|
725 | | - | under the Florida Kidcare program, except those offered through 484 |
---|
726 | | - | the Florida Healthy Kids Corporation or the Children's Medical 485 |
---|
727 | | - | Services Network, meet, exceed, or are actuarially equivalent to 486 |
---|
728 | | - | the benchmark benefit plan and that health insurance plans will 487 |
---|
729 | | - | be offered at an approved rate. In determining actuarial 488 |
---|
730 | | - | equivalence of benefits coverage, the Office of Insurance 489 |
---|
731 | | - | Regulation and health insurance plans must comply with the 490 |
---|
732 | | - | requirements of s. 2103 of Title XXI of the Social Security Act. 491 |
---|
733 | | - | The department shall adopt rules necessary for certifying health 492 |
---|
734 | | - | benefits coverage plans. 493 |
---|
735 | | - | Section 27. Effective July 1, 2025, subsection (11) of 494 |
---|
736 | | - | section 409.912, Florida Statutes, is amended to read: 495 |
---|
737 | | - | 409.912 Cost-effective purchasing of health care. —The 496 |
---|
738 | | - | agency shall purchase goods and services for Medicaid recipients 497 |
---|
739 | | - | in the most cost-effective manner consistent with the delivery 498 |
---|
740 | | - | of quality medical ca re. To ensure that medical services are 499 |
---|
741 | | - | effectively utilized, the agency may, in any case, require a 500 |
---|
| 717 | + | Medikids coverage, of fered under ss. 409.810 -409.821. Health 476 |
---|
| 718 | + | benefits coverage may include additional benefits not included 477 |
---|
| 719 | + | under this subsection, but may not include benefits excluded 478 |
---|
| 720 | + | under paragraph (r). 479 |
---|
| 721 | + | 2. Health benefits coverage may extend any limitations 480 |
---|
| 722 | + | beyond the minimum benefits described in this section. 481 |
---|
| 723 | + | 482 |
---|
| 724 | + | Except for a plan under contract with the agency to serve 483 |
---|
| 725 | + | children with special health care needs the Children's Medical 484 |
---|
| 726 | + | Services Network, the agency may not increase the premium 485 |
---|
| 727 | + | assistance payment for either addit ional benefits provided 486 |
---|
| 728 | + | beyond the minimum benefits described in this section or the 487 |
---|
| 729 | + | imposition of less restrictive service limitations. 488 |
---|
| 730 | + | Section 26. Effective July 1, 2025, paragraph (i) of 489 |
---|
| 731 | + | subsection (1) of section 409.8177, Florida Statutes, is amend ed 490 |
---|
| 732 | + | to read: 491 |
---|
| 733 | + | 409.8177 Program evaluation. — 492 |
---|
| 734 | + | (1) The agency, in consultation with the Department of 493 |
---|
| 735 | + | Health, the Department of Children and Families, and the Florida 494 |
---|
| 736 | + | Healthy Kids Corporation, shall contract for an evaluation of 495 |
---|
| 737 | + | the Florida Kidcare program and shall by January 1 of each year 496 |
---|
| 738 | + | submit to the Governor, the President of the Senate, and the 497 |
---|
| 739 | + | Speaker of the House of Representatives a report of the program. 498 |
---|
| 740 | + | In addition to the items specified under s. 2108 of Title XXI of 499 |
---|
| 741 | + | the Social Security Act, the report shall include an assessment 500 |
---|
754 | | - | confirmation or second physician's opinion of the correct 501 |
---|
755 | | - | diagnosis for purposes of authorizing future services under the 502 |
---|
756 | | - | Medicaid program. This section do es not restrict access to 503 |
---|
757 | | - | emergency services or poststabilization care services as defined 504 |
---|
758 | | - | in 42 C.F.R. s. 438.114. Such confirmation or second opinion 505 |
---|
759 | | - | shall be rendered in a manner approved by the agency. The agency 506 |
---|
760 | | - | shall maximize the use of prepaid per c apita and prepaid 507 |
---|
761 | | - | aggregate fixed-sum basis services when appropriate and other 508 |
---|
762 | | - | alternative service delivery and reimbursement methodologies, 509 |
---|
763 | | - | including competitive bidding pursuant to s. 287.057, designed 510 |
---|
764 | | - | to facilitate the cost -effective purchase of a case -managed 511 |
---|
765 | | - | continuum of care. The agency shall also require providers to 512 |
---|
766 | | - | minimize the exposure of recipients to the need for acute 513 |
---|
767 | | - | inpatient, custodial, and other institutional care and the 514 |
---|
768 | | - | inappropriate or unnecessary use of high -cost services. The 515 |
---|
769 | | - | agency shall contract with a vendor to monitor and evaluate the 516 |
---|
770 | | - | clinical practice patterns of providers in order to identify 517 |
---|
771 | | - | trends that are outside the normal practice patterns of a 518 |
---|
772 | | - | provider's professional peers or the national guidelines of a 519 |
---|
773 | | - | provider's professional association. The vendor must be able to 520 |
---|
774 | | - | provide information and counseling to a provider whose practice 521 |
---|
775 | | - | patterns are outside the norms, in consultation with the agency, 522 |
---|
776 | | - | to improve patient care and reduce inappropriate utilization. 523 |
---|
777 | | - | The agency may manda te prior authorization, drug therapy 524 |
---|
778 | | - | management, or disease management participation for certain 525 |
---|
| 754 | + | of crowd-out and access to health care, as well as the 501 |
---|
| 755 | + | following: 502 |
---|
| 756 | + | (i) An assessment of the effectiveness of the Florida 503 |
---|
| 757 | + | Kidcare program, including Medicaid, the Florida Healthy Kids 504 |
---|
| 758 | + | program, Medikids, and the plans under contract with the agency 505 |
---|
| 759 | + | to serve children with special health care needs Children's 506 |
---|
| 760 | + | Medical Services network , and other public and private programs 507 |
---|
| 761 | + | in the state in increasing the availability of affordable 508 |
---|
| 762 | + | quality health insurance and health care fo r children. 509 |
---|
| 763 | + | Section 27. Effective July 1, 2025, subsection (4) of 510 |
---|
| 764 | + | section 409.818, Florida Statutes, is amended to read: 511 |
---|
| 765 | + | 409.818 Administration. —In order to implement ss. 409.810 -512 |
---|
| 766 | + | 409.821, the following agencies shall have the following duties: 513 |
---|
| 767 | + | (4) The Office of Insurance Regulation shall certify that 514 |
---|
| 768 | + | health benefits coverage plans that seek to provide services 515 |
---|
| 769 | + | under the Florida Kidcare program, except those offered through 516 |
---|
| 770 | + | the Florida Healthy Kids Corporation or the Children's Medical 517 |
---|
| 771 | + | Services Network, meet, exceed, or are actuarially equivalent to 518 |
---|
| 772 | + | the benchmark benefit plan and that health insurance plans will 519 |
---|
| 773 | + | be offered at an approved rate. In determining actuarial 520 |
---|
| 774 | + | equivalence of benefits coverage, the Office of Insurance 521 |
---|
| 775 | + | Regulation and health insu rance plans must comply with the 522 |
---|
| 776 | + | requirements of s. 2103 of Title XXI of the Social Security Act. 523 |
---|
| 777 | + | The department shall adopt rules necessary for certifying health 524 |
---|
| 778 | + | benefits coverage plans. 525 |
---|
791 | | - | populations of Medicaid beneficiaries, certain drug classes, or 526 |
---|
792 | | - | particular drugs to prevent fraud, abuse, overuse, and possible 527 |
---|
793 | | - | dangerous drug interactions. Th e Pharmaceutical and Therapeutics 528 |
---|
794 | | - | Committee shall make recommendations to the agency on drugs for 529 |
---|
795 | | - | which prior authorization is required. The agency shall inform 530 |
---|
796 | | - | the Pharmaceutical and Therapeutics Committee of its decisions 531 |
---|
797 | | - | regarding drugs subject to prior authorization. The agency is 532 |
---|
798 | | - | authorized to limit the entities it contracts with or enrolls as 533 |
---|
799 | | - | Medicaid providers by developing a provider network through 534 |
---|
800 | | - | provider credentialing. The agency may competitively bid single -535 |
---|
801 | | - | source-provider contracts if procurem ent of goods or services 536 |
---|
802 | | - | results in demonstrated cost savings to the state without 537 |
---|
803 | | - | limiting access to care. The agency may limit its network based 538 |
---|
804 | | - | on the assessment of beneficiary access to care, provider 539 |
---|
805 | | - | availability, provider quality standards, time and distance 540 |
---|
806 | | - | standards for access to care, the cultural competence of the 541 |
---|
807 | | - | provider network, demographic characteristics of Medicaid 542 |
---|
808 | | - | beneficiaries, practice and provider -to-beneficiary standards, 543 |
---|
809 | | - | appointment wait times, beneficiary use of services, provider 544 |
---|
810 | | - | turnover, provider profiling, provider licensure history, 545 |
---|
811 | | - | previous program integrity investigations and findings, peer 546 |
---|
812 | | - | review, provider Medicaid policy and billing compliance records, 547 |
---|
813 | | - | clinical and medical record audits, and other factors. Providers 548 |
---|
814 | | - | are not entitled to enrollment in the Medicaid provider network. 549 |
---|
815 | | - | The agency shall determine instances in which allowing Medicaid 550 |
---|
| 791 | + | Section 28. Effective July 1, 2025, subsection (11) of 526 |
---|
| 792 | + | section 409.912, Florida Statutes, is amended to read: 527 |
---|
| 793 | + | 409.912 Cost-effective purchasing of health care. —The 528 |
---|
| 794 | + | agency shall purchase goods and services for Medicaid recipients 529 |
---|
| 795 | + | in the most cost-effective manner consistent with the delivery 530 |
---|
| 796 | + | of quality medical care. T o ensure that medical services are 531 |
---|
| 797 | + | effectively utilized, the agency may, in any case, require a 532 |
---|
| 798 | + | confirmation or second physician's opinion of the correct 533 |
---|
| 799 | + | diagnosis for purposes of authorizing future services under the 534 |
---|
| 800 | + | Medicaid program. This section does no t restrict access to 535 |
---|
| 801 | + | emergency services or poststabilization care services as defined 536 |
---|
| 802 | + | in 42 C.F.R. s. 438.114. Such confirmation or second opinion 537 |
---|
| 803 | + | shall be rendered in a manner approved by the agency. The agency 538 |
---|
| 804 | + | shall maximize the use of prepaid per capita and prepaid 539 |
---|
| 805 | + | aggregate fixed-sum basis services when appropriate and other 540 |
---|
| 806 | + | alternative service delivery and reimbursement methodologies, 541 |
---|
| 807 | + | including competitive bidding pursuant to s. 287.057, designed 542 |
---|
| 808 | + | to facilitate the cost -effective purchase of a case -managed 543 |
---|
| 809 | + | continuum of care. The agency shall also require providers to 544 |
---|
| 810 | + | minimize the exposure of recipients to the need for acute 545 |
---|
| 811 | + | inpatient, custodial, and other institutional care and the 546 |
---|
| 812 | + | inappropriate or unnecessary use of high -cost services. The 547 |
---|
| 813 | + | agency shall contract with a vendor to monitor and evaluate the 548 |
---|
| 814 | + | clinical practice patterns of providers in order to identify 549 |
---|
| 815 | + | trends that are outside the normal practice patterns of a 550 |
---|
828 | | - | beneficiaries to purchase durable medical equipment and other 551 |
---|
829 | | - | goods is less expensive to the Medicaid program than long -term 552 |
---|
830 | | - | rental of the equipment or goods. The agency may establish rules 553 |
---|
831 | | - | to facilitate purchases in lieu of long -term rentals in order to 554 |
---|
832 | | - | protect against fraud and abuse in the Medicaid program as 555 |
---|
833 | | - | defined in s. 409.913. The agency may seek federal waivers 556 |
---|
834 | | - | necessary to adminis ter these policies. 557 |
---|
835 | | - | (11) The agency shall implement a program of all -inclusive 558 |
---|
836 | | - | care for children. The program of all -inclusive care for 559 |
---|
837 | | - | children shall be established to provide in -home hospice-like 560 |
---|
838 | | - | support services to children diagnosed with a life -threatening 561 |
---|
839 | | - | illness and enrolled in the Children's Medical Services network 562 |
---|
840 | | - | to reduce hospitalizations as appropriate. The agency, in 563 |
---|
841 | | - | consultation with the Department of Health, may implement the 564 |
---|
842 | | - | program of all-inclusive care for children after obtaining 565 |
---|
843 | | - | approval from the Centers for Medicare and Medicaid Services. 566 |
---|
844 | | - | Section 28. Effective July 1, 2025, subsection (1) of 567 |
---|
845 | | - | section 409.9126, Florida Statutes, is amended to read: 568 |
---|
846 | | - | 409.9126 Children with special health care needs. — 569 |
---|
847 | | - | (1) Except as provided in subse ction (4), children 570 |
---|
848 | | - | eligible for the Children's Medical Services program who receive 571 |
---|
849 | | - | Medicaid benefits, and other Medicaid -eligible children with 572 |
---|
850 | | - | special health care needs, are shall be exempt from the 573 |
---|
851 | | - | provisions of s. 409.9122 and shall be served through the 574 |
---|
852 | | - | Children's Medical Services network established in chapter 391 . 575 |
---|
| 828 | + | provider's professional peers or the national guidelines of a 551 |
---|
| 829 | + | provider's professional association. The vendor must be able to 552 |
---|
| 830 | + | provide information and counseling to a provider whose practice 553 |
---|
| 831 | + | patterns are outside the norms, in consultation with the agency, 554 |
---|
| 832 | + | to improve patient care and reduce inappropriate utilization. 555 |
---|
| 833 | + | The agency may mandate pr ior authorization, drug therapy 556 |
---|
| 834 | + | management, or disease management participation for certain 557 |
---|
| 835 | + | populations of Medicaid beneficiaries, certain drug classes, or 558 |
---|
| 836 | + | particular drugs to prevent fraud, abuse, overuse, and possible 559 |
---|
| 837 | + | dangerous drug interactions. The Pha rmaceutical and Therapeutics 560 |
---|
| 838 | + | Committee shall make recommendations to the agency on drugs for 561 |
---|
| 839 | + | which prior authorization is required. The agency shall inform 562 |
---|
| 840 | + | the Pharmaceutical and Therapeutics Committee of its decisions 563 |
---|
| 841 | + | regarding drugs subject to prior auth orization. The agency is 564 |
---|
| 842 | + | authorized to limit the entities it contracts with or enrolls as 565 |
---|
| 843 | + | Medicaid providers by developing a provider network through 566 |
---|
| 844 | + | provider credentialing. The agency may competitively bid single -567 |
---|
| 845 | + | source-provider contracts if procurement o f goods or services 568 |
---|
| 846 | + | results in demonstrated cost savings to the state without 569 |
---|
| 847 | + | limiting access to care. The agency may limit its network based 570 |
---|
| 848 | + | on the assessment of beneficiary access to care, provider 571 |
---|
| 849 | + | availability, provider quality standards, time and dista nce 572 |
---|
| 850 | + | standards for access to care, the cultural competence of the 573 |
---|
| 851 | + | provider network, demographic characteristics of Medicaid 574 |
---|
| 852 | + | beneficiaries, practice and provider -to-beneficiary standards, 575 |
---|
865 | | - | Section 29. Effective July 1, 2025, paragraph (a) of 576 |
---|
866 | | - | subsection (5) of section 409.9131, Florida Statutes, is amended 577 |
---|
867 | | - | to read: 578 |
---|
868 | | - | 409.9131 Special provisions relating to integrity of the 579 |
---|
869 | | - | Medicaid program.— 580 |
---|
870 | | - | (5) DETERMINATIONS OF OVERPAYMENT. —In making a 581 |
---|
871 | | - | determination of overpayment to a physician, the agency must: 582 |
---|
872 | | - | (a) Use accepted and valid auditing, accounting, 583 |
---|
873 | | - | analytical, statistical, or peer -review methods, or combinations 584 |
---|
874 | | - | thereof. Appropriate statistical methods may include, but are 585 |
---|
875 | | - | not limited to, sampling and extension to the population, 586 |
---|
876 | | - | parametric and nonparametric statistics, tests of hypotheses, 587 |
---|
877 | | - | other generally accepted statistical methods, review of medical 588 |
---|
878 | | - | records, and a consideration of the physician's client case mix. 589 |
---|
879 | | - | Before performing a review of the physician's Medicaid records, 590 |
---|
880 | | - | however, the agency shall make every effort to consider the 591 |
---|
881 | | - | physician's patient case mix, including, but not limited to, 592 |
---|
882 | | - | patient age and whether individual patients are clients of the 593 |
---|
883 | | - | Children's Medical Services Network established in chapter 391 . 594 |
---|
884 | | - | In meeting its burden of proof in any administrative or court 595 |
---|
885 | | - | proceeding, the agency may introduce the results of such 596 |
---|
886 | | - | statistical methods and its othe r audit findings as evidence of 597 |
---|
887 | | - | overpayment. 598 |
---|
888 | | - | Section 30. Effective July 1, 2025, paragraph (e) of 599 |
---|
889 | | - | subsection (1) of section 409.920, Florida Statutes, is amended 600 |
---|
| 865 | + | appointment wait times, beneficiary use of services, provider 576 |
---|
| 866 | + | turnover, provider profiling, provider licensure history, 577 |
---|
| 867 | + | previous program integrity investigations and findings, peer 578 |
---|
| 868 | + | review, provider Medicaid policy and billing compliance records, 579 |
---|
| 869 | + | clinical and medical record audits, and other factors. Providers 580 |
---|
| 870 | + | are not entitled to enrollment in the Medicaid provider network. 581 |
---|
| 871 | + | The agency shall determine instances in which allowing Medicaid 582 |
---|
| 872 | + | beneficiaries to purchase durable medical equipment and other 583 |
---|
| 873 | + | goods is less expensive to the Medicaid program than long -term 584 |
---|
| 874 | + | rental of the equipment or goods. The agency may establish rules 585 |
---|
| 875 | + | to facilitate purchases in lieu of long -term rentals in order to 586 |
---|
| 876 | + | protect against fraud and abuse in the Medicaid program as 587 |
---|
| 877 | + | defined in s. 409.913. The agency may seek federal waivers 588 |
---|
| 878 | + | necessary to administer t hese policies. 589 |
---|
| 879 | + | (11) The agency shall implement a program of all -inclusive 590 |
---|
| 880 | + | care for children. The program of all -inclusive care for 591 |
---|
| 881 | + | children shall be established to provide in -home hospice-like 592 |
---|
| 882 | + | support services to children diagnosed with a life -threatening 593 |
---|
| 883 | + | illness and enrolled in the Children's Medical Services network 594 |
---|
| 884 | + | to reduce hospitalizations as appropriate. The agency, in 595 |
---|
| 885 | + | consultation with the Department of Health, may implement the 596 |
---|
| 886 | + | program of all-inclusive care for children after obtaining 597 |
---|
| 887 | + | approval from the Centers for Medicare and Medicaid Services. 598 |
---|
| 888 | + | Section 29. Effective July 1, 2025, subsection (1) of 599 |
---|
| 889 | + | section 409.9126, Florida Statutes, is amended to read: 600 |
---|
902 | | - | to read: 601 |
---|
903 | | - | 409.920 Medicaid provider fraud. — 602 |
---|
904 | | - | (1) For the purposes of this section, the t erm: 603 |
---|
905 | | - | (e) "Managed care plans" means a health insurer authorized 604 |
---|
906 | | - | under chapter 624, an exclusive provider organization authorized 605 |
---|
907 | | - | under chapter 627, a health maintenance organization authorized 606 |
---|
908 | | - | under chapter 641, the Children's Medical Services Network 607 |
---|
909 | | - | authorized under chapter 391 , a prepaid health plan authorized 608 |
---|
910 | | - | under this chapter, a provider service network authorized under 609 |
---|
911 | | - | this chapter, a minority physician network authorized under this 610 |
---|
912 | | - | chapter, and an emergency department diversion program 611 |
---|
913 | | - | authorized under this chapter or the General Appropriations Act, 612 |
---|
914 | | - | providing health care services pursuant to a contract with the 613 |
---|
915 | | - | Medicaid program. 614 |
---|
916 | | - | Section 31. Effective July 1, 2025, subsection (7) of 615 |
---|
917 | | - | section 409.962, Florida Statutes, is amended to read: 616 |
---|
918 | | - | 409.962 Definitions.—As used in this part, except as 617 |
---|
919 | | - | otherwise specifically provided, the term: 618 |
---|
920 | | - | (7) "Eligible plan" means a health insurer authorized 619 |
---|
921 | | - | under chapter 624, an exclusive provider organization authorized 620 |
---|
922 | | - | under chapter 627, a health maintenance organ ization authorized 621 |
---|
923 | | - | under chapter 641, or a provider service network authorized 622 |
---|
924 | | - | under s. 409.912(1) or an accountable care organization 623 |
---|
925 | | - | authorized under federal law. For purposes of the managed 624 |
---|
926 | | - | medical assistance program, the term also includes the 625 |
---|
| 902 | + | 409.9126 Children with special health care needs. — 601 |
---|
| 903 | + | (1) Except as provided in subsection (4), children 602 |
---|
| 904 | + | eligible for the Children's Medical Services program who receive 603 |
---|
| 905 | + | Medicaid benefits, and other Medicaid -eligible children with 604 |
---|
| 906 | + | special health care needs, are shall be exempt from the 605 |
---|
| 907 | + | provisions of s. 409.9122 and shall be served through the 606 |
---|
| 908 | + | Children's Medical Services network established in chapter 391 . 607 |
---|
| 909 | + | Section 30. Effective July 1, 2025, paragraph (a) of 608 |
---|
| 910 | + | subsection (5) of section 409.9131, Florida Statutes, is amended 609 |
---|
| 911 | + | to read: 610 |
---|
| 912 | + | 409.9131 Special provisions relating to integrity of the 611 |
---|
| 913 | + | Medicaid program.— 612 |
---|
| 914 | + | (5) DETERMINATIONS OF OVERPAYMENT. —In making a 613 |
---|
| 915 | + | determination of overpayment to a physician, the agency must: 614 |
---|
| 916 | + | (a) Use accepted and valid auditing, accounting, 615 |
---|
| 917 | + | analytical, statistical, or peer -review methods, or combinations 616 |
---|
| 918 | + | thereof. Appropriate statistical methods may include, but are 617 |
---|
| 919 | + | not limited to, sampling and extension to the population, 618 |
---|
| 920 | + | parametric and nonparametric statistics, tests of hypotheses, 619 |
---|
| 921 | + | other generally accepted statistical methods, review of medical 620 |
---|
| 922 | + | records, and a conside ration of the physician's client case mix. 621 |
---|
| 923 | + | Before performing a review of the physician's Medicaid records, 622 |
---|
| 924 | + | however, the agency shall make every effort to consider the 623 |
---|
| 925 | + | physician's patient case mix, including, but not limited to, 624 |
---|
| 926 | + | patient age and whether individual patients are clients of the 625 |
---|
939 | | - | Children's Medical Services Network authorized under chapter 391 626 |
---|
940 | | - | and entities qualified under 42 C.F.R. part 422 as Medicare 627 |
---|
941 | | - | Advantage Preferred Provider Organizations, Medicare Advantage 628 |
---|
942 | | - | Provider-sponsored Organizations, Medicare Advantage Health 629 |
---|
943 | | - | Maintenance Organizations, Medicare Advantage Coordinated Care 630 |
---|
944 | | - | Plans, and Medicare Advantage Special Needs Plans, and the 631 |
---|
945 | | - | Program of All-inclusive Care for the Elderly. 632 |
---|
946 | | - | Section 32. The Agency for Health Care Administration 633 |
---|
947 | | - | shall develop a comprehensive plan to redesig n the Florida 634 |
---|
948 | | - | Medicaid Model Waiver for home and community -based services to 635 |
---|
949 | | - | include children who receive private duty nursing services. The 636 |
---|
950 | | - | plan must propose an array of tiered services with the goal of 637 |
---|
951 | | - | ensuring that institutional care is avoided so child ren can 638 |
---|
952 | | - | remain in the home or other community setting. The agency must 639 |
---|
953 | | - | work with stakeholders in developing the plan, including, but 640 |
---|
954 | | - | not limited to, families of children who are in the model waiver 641 |
---|
955 | | - | or receiving private duty nursing, advocates for children, 642 |
---|
956 | | - | providers of services to children receiving private duty 643 |
---|
957 | | - | nursing, and Statewide Medicaid Managed Care plans. The agency 644 |
---|
958 | | - | is authorized to contract with necessary experts to assist in 645 |
---|
959 | | - | developing the plan. The agency must submit a report to the 646 |
---|
960 | | - | Governor, the President of the Senate, and the Speaker of the 647 |
---|
961 | | - | House of Representatives by September 30, 2025, addressing, at a 648 |
---|
962 | | - | minimum, all of the following: 649 |
---|
963 | | - | (1) The purpose, rationale, and expected benefits of the 650 |
---|
| 939 | + | Children's Medical Services Network established in chapter 391 . 626 |
---|
| 940 | + | In meeting its burden of proof in any administrative or court 627 |
---|
| 941 | + | proceeding, the agency may introduce the results of such 628 |
---|
| 942 | + | statistical methods and its other audi t findings as evidence of 629 |
---|
| 943 | + | overpayment. 630 |
---|
| 944 | + | Section 31. Effective July 1, 2025, paragraph (e) of 631 |
---|
| 945 | + | subsection (1) of section 409.920, Florida Statutes, is amended 632 |
---|
| 946 | + | to read: 633 |
---|
| 947 | + | 409.920 Medicaid provider fraud. — 634 |
---|
| 948 | + | (1) For the purposes of this section, the term: 635 |
---|
| 949 | + | (e) "Managed care plans" means a health insurer authorized 636 |
---|
| 950 | + | under chapter 624, an exclusive provider organization authorized 637 |
---|
| 951 | + | under chapter 627, a health maintenance organization authorized 638 |
---|
| 952 | + | under chapter 641, the Children's Medical Services Network 639 |
---|
| 953 | + | authorized under chapter 391 , a prepaid health plan authorized 640 |
---|
| 954 | + | under this chapter, a provider service network authorized under 641 |
---|
| 955 | + | this chapter, a minority physician network authorized under this 642 |
---|
| 956 | + | chapter, and an emergency department diversion program 643 |
---|
| 957 | + | authorized under this chapter or the General Appropriations Act, 644 |
---|
| 958 | + | providing health care services pursuant to a contract with the 645 |
---|
| 959 | + | Medicaid program. 646 |
---|
| 960 | + | Section 32. Effective July 1, 2025, subsection (7) of 647 |
---|
| 961 | + | section 409.962, Florida Statutes, is amended to read: 648 |
---|
| 962 | + | 409.962 Definitions.—As used in this part, except as 649 |
---|
| 963 | + | otherwise specifically provided, the term: 650 |
---|
976 | | - | redesigned waiver plan. 651 |
---|
977 | | - | (2) The proposed eligibili ty criteria for clients and 652 |
---|
978 | | - | service benefit packages to be offered through the redesigned 653 |
---|
979 | | - | waiver plan. Managed care plans participating in the Statewide 654 |
---|
980 | | - | Medicaid Managed Care program must provide services under the 655 |
---|
981 | | - | redesigned waiver plan. 656 |
---|
982 | | - | (3) A proposed implementation plan and timeline, 657 |
---|
983 | | - | including, but not limited to, recommendations for the number of 658 |
---|
984 | | - | clients served by the redesigned waiver plan at initial 659 |
---|
985 | | - | implementation, changes over time, and any per -client benefit 660 |
---|
986 | | - | caps. 661 |
---|
987 | | - | (4) The fiscal impact for the i mplementation year and 662 |
---|
988 | | - | projections for the next 5 years determined on an actuarially 663 |
---|
989 | | - | sound basis. 664 |
---|
990 | | - | (5) An analysis of the availability of services and 665 |
---|
991 | | - | service providers that would be offered under the redesigned 666 |
---|
992 | | - | waiver plan and recommendations to increase availability of such 667 |
---|
993 | | - | services, as applicable. 668 |
---|
994 | | - | (6) A list of all stakeholders, public and private, who 669 |
---|
995 | | - | were consulted or contacted the development of the plan. 670 |
---|
996 | | - | Section 33. Except as otherwise expressly provided in this 671 |
---|
997 | | - | act, this act shall take effect upon becoming a law. 672 |
---|
| 976 | + | (7) "Eligible plan" means a health insurer authorized 651 |
---|
| 977 | + | under chapter 624, an exclusive provider organization authorized 652 |
---|
| 978 | + | under chapter 627, a health maintenance organizatio n authorized 653 |
---|
| 979 | + | under chapter 641, or a provider service network authorized 654 |
---|
| 980 | + | under s. 409.912(1) or an accountable care organization 655 |
---|
| 981 | + | authorized under federal law. For purposes of the managed 656 |
---|
| 982 | + | medical assistance program, the term also includes the 657 |
---|
| 983 | + | Children's Medical Services Network authorized under chapter 391 658 |
---|
| 984 | + | and entities qualified under 42 C.F.R. part 422 as Medicare 659 |
---|
| 985 | + | Advantage Preferred Provider Organizations, Medicare Advantage 660 |
---|
| 986 | + | Provider-sponsored Organizations, Medicare Advantage Health 661 |
---|
| 987 | + | Maintenance Organizati ons, Medicare Advantage Coordinated Care 662 |
---|
| 988 | + | Plans, and Medicare Advantage Special Needs Plans, and the 663 |
---|
| 989 | + | Program of All-inclusive Care for the Elderly. 664 |
---|
| 990 | + | Section 33. Subsection (3) of section 409.968, Florida 665 |
---|
| 991 | + | Statutes, is amended to read: 666 |
---|
| 992 | + | 409.968 Managed care plan payments.— 667 |
---|
| 993 | + | (3) Reimbursement for prescribed pediatric extended care 668 |
---|
| 994 | + | services provided to children enrolled in a managed care plan 669 |
---|
| 995 | + | under s. 409.972(1)(g) shall be paid to the prescribed pediatric 670 |
---|
| 996 | + | extended care services provider by the agency on a fee-for-671 |
---|
| 997 | + | service basis. 672 |
---|
| 998 | + | Section 34. Paragraph (g) of subsection (1) of section 673 |
---|
| 999 | + | 409.972, Florida Statutes, is amended to read: 674 |
---|
| 1000 | + | 409.972 Mandatory and voluntary enrollment. — 675 |
---|
| 1001 | + | |
---|
| 1002 | + | CS/HB 1085 2025 |
---|
| 1003 | + | |
---|
| 1004 | + | |
---|
| 1005 | + | |
---|
| 1006 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 1007 | + | hb1085-01-c1 |
---|
| 1008 | + | Page 28 of 29 |
---|
| 1009 | + | 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 |
---|
| 1010 | + | |
---|
| 1011 | + | |
---|
| 1012 | + | |
---|
| 1013 | + | (1) The following Medicaid -eligible persons are exempt 676 |
---|
| 1014 | + | from mandatory managed care enrollment required by s. 409.965, 677 |
---|
| 1015 | + | and may voluntarily choose to participate in the managed medical 678 |
---|
| 1016 | + | assistance program: 679 |
---|
| 1017 | + | (g) Children receiving services in a prescribed pediatric 680 |
---|
| 1018 | + | extended care center. 681 |
---|
| 1019 | + | Section 35. The Agency for Health Care Admini stration 682 |
---|
| 1020 | + | shall develop a comprehensive plan to redesign the Florida 683 |
---|
| 1021 | + | Medicaid Model Waiver for home and community -based services to 684 |
---|
| 1022 | + | include children who receive private duty nursing services. The 685 |
---|
| 1023 | + | plan must propose an array of tiered services with the goal o f 686 |
---|
| 1024 | + | ensuring that institutional care is avoided so children can 687 |
---|
| 1025 | + | remain in the home or other community setting. The agency must 688 |
---|
| 1026 | + | work with stakeholders in developing the plan, including, but 689 |
---|
| 1027 | + | not limited to, families of children who are in the model waiver 690 |
---|
| 1028 | + | or receiving private duty nursing, advocates for children, 691 |
---|
| 1029 | + | providers of services to children receiving private duty 692 |
---|
| 1030 | + | nursing, and Statewide Medicaid Managed Care plans. The agency 693 |
---|
| 1031 | + | is authorized to contract with necessary experts to assist in 694 |
---|
| 1032 | + | developing the plan. The agency must submit a report to the 695 |
---|
| 1033 | + | Governor, the President of the Senate, and the Speaker of the 696 |
---|
| 1034 | + | House of Representatives by September 30, 2025, addressing, at a 697 |
---|
| 1035 | + | minimum, all of the following: 698 |
---|
| 1036 | + | (1) The purpose, rationale, and expected benefits of the 699 |
---|
| 1037 | + | redesigned waiver plan. 700 |
---|
| 1038 | + | |
---|
| 1039 | + | CS/HB 1085 2025 |
---|
| 1040 | + | |
---|
| 1041 | + | |
---|
| 1042 | + | |
---|
| 1043 | + | CODING: Words stricken are deletions; words underlined are additions. |
---|
| 1044 | + | hb1085-01-c1 |
---|
| 1045 | + | Page 29 of 29 |
---|
| 1046 | + | 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 |
---|
| 1047 | + | |
---|
| 1048 | + | |
---|
| 1049 | + | |
---|
| 1050 | + | (2) The proposed eligibility criteria for clients and 701 |
---|
| 1051 | + | service benefit packages to be offered through the redesigned 702 |
---|
| 1052 | + | waiver plan. Managed care plans participating in the Statewide 703 |
---|
| 1053 | + | Medicaid Managed Care program must provide serv ices under the 704 |
---|
| 1054 | + | redesigned waiver plan. 705 |
---|
| 1055 | + | (3) A proposed implementation plan and timeline, 706 |
---|
| 1056 | + | including, but not limited to, recommendations for the number of 707 |
---|
| 1057 | + | clients served by the redesigned waiver plan at initial 708 |
---|
| 1058 | + | implementation, changes over time, and any pe r-client benefit 709 |
---|
| 1059 | + | caps. 710 |
---|
| 1060 | + | (4) The fiscal impact for the implementation year and 711 |
---|
| 1061 | + | projections for the next 5 years determined on an actuarially 712 |
---|
| 1062 | + | sound basis. 713 |
---|
| 1063 | + | (5) An analysis of the availability of services and 714 |
---|
| 1064 | + | service providers that would be offered under th e redesigned 715 |
---|
| 1065 | + | waiver plan and recommendations to increase availability of such 716 |
---|
| 1066 | + | services, as applicable. 717 |
---|
| 1067 | + | (6) A list of all stakeholders, public and private, who 718 |
---|
| 1068 | + | were consulted or contacted the development of the plan. 719 |
---|
| 1069 | + | Section 36. Except as otherwise ex pressly provided in this 720 |
---|
| 1070 | + | act, this act shall take effect upon becoming a law. 721 |
---|