Bill Text: FL S0190 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Health Care for Children
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 81 [S0190 Detail]
Download: Florida-2020-S0190-Comm_Sub.html
Bill Title: Health Care for Children
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 81 [S0190 Detail]
Download: Florida-2020-S0190-Comm_Sub.html
Florida Senate - 2020 CS for SB 190 By the Committee on Health Policy; and Senators Montford, Harrell, Berman, and Cruz 588-03478-20 2020190c1 1 A bill to be entitled 2 An act relating to Medicaid school-based services; 3 amending s. 409.9071, F.S.; revising applicable 4 provisions for the reimbursement of school-based 5 services by the Agency for Health Care Administration 6 to certain school districts; deleting a requirement 7 specifying the use of certified state and local 8 education funds for school-based services; conforming 9 a provision to changes made by the act; deleting an 10 obsolete provision; amending s. 409.9072, F.S.; 11 revising a requirement for the agency’s reimbursement 12 of school-based services to certain charter and 13 private schools; revising qualifications for health 14 care practitioners engaged by schools to provide 15 services; conforming a provision to changes made by 16 the act; amending s. 409.908, F.S.; specifying the 17 federal agency that may waive certain school-based 18 provider qualifications; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (1), paragraph (b) of subsection (2), 23 and subsection (6) of section 409.9071, Florida Statutes, are 24 amended to read: 25 409.9071 Medicaid provider agreements for school districts 26 certifying state match.— 27 (1) The agency shall reimburse school-based services as 28 provided in ss. 409.908(21) and 1011.70former s. 236.081229 pursuant to the rehabilitative services option provided under 42 30 U.S.C. s. 1396d(a)(13). For purposes of this section, billing 31 agent consulting services areshall beconsidered billing agent 32 services, as that term is used in s. 409.913(10), and, as such, 33 payments to such persons mayshallnot be based on amounts for 34 which they bill nor based on the amount a provider receives from 35 the Medicaid program. This provision mayshallnot restrict 36 privatization of Medicaid school-based services. Subject to any 37 limitations provided for in the General Appropriations Act, the 38 agency, in compliance with appropriate federal authorization, 39 shall develop policies and procedures and shall allow for 40 certification of state and local education funds thatwhichhave 41 been provided for school-based services as specified in s. 42 1011.70 and authorized by a physician’s order where required by 43 federal Medicaid law.Any state or local funds certified44pursuant to this section shall be for children with specified45disabilities who are eligible for both Medicaid and part B or46part H of the Individuals with Disabilities Education Act47(IDEA), or the exceptional student education program, or who48have an individualized educational plan.49 (2) School districts that wish to enroll as Medicaid 50 providers and that certify state match in order to receive 51 federal Medicaid reimbursements for services, pursuant to 52 subsection (1), shall agree to: 53 (b) Develop and maintain the financial and other student 54individual education planrecords needed to document the 55 appropriate use of state and federal Medicaid funds. 56(6) Retroactive reimbursements for services as specified in57former s. 236.0812 as of July 1, 1996, including reimbursement58for the 1995-1996 and 1996-1997 school years, are subject to59federal approval.60 Section 2. Subsections (1) and (5) and paragraph (b) of 61 subsection (2) of section 409.9072, Florida Statutes, are 62 amended to read: 63 409.9072 Medicaid provider agreements for charter schools 64 and private schools.— 65 (1) Subject to a specific appropriation by the Legislature, 66 the agency shall reimburse private schools as defined in s. 67 1002.01 and schools designated as charter schools under s. 68 1002.33 which are Medicaid providers for school-based services 69 pursuant to the rehabilitative services option provided under 42 70 U.S.C. s. 1396d(a)(13) to children younger than 21 years of age 71with specified disabilitieswho are eligible forbothMedicaid 72and part B or part H of the Individuals with Disabilities73Education Act (IDEA) or the exceptional student education74program, or who have an individualized educational plan. 75 (2) Schools that wish to enroll as Medicaid providers and 76 receive Medicaid reimbursement under this section must apply to 77 the agency for a provider agreement and must agree to: 78 (b) Develop and maintain the financial and student 79individual education planrecords needed to document the 80 appropriate use of state and federal Medicaid funds. 81 (5) For reimbursements to private schools and charter 82 schools under this section, the agency shall apply the 83 reimbursement schedule developed under s. 409.9071(5). Health 84 care practitioners engaged by a school to provide services under 85 this section mustbe enrolled as Medicaid providers andmeet the 86 qualifications specified under 42 C.F.R. s. 440.110, as 87 applicable. Each school’s continued participation in providing 88 Medicaid services under this section is contingent upon the 89 school providing to the agency an annual accounting of how the 90 Medicaid reimbursements are used. 91 Section 3. Subsection (21) of section 409.908, Florida 92 Statutes, is amended to read: 93 409.908 Reimbursement of Medicaid providers.—Subject to 94 specific appropriations, the agency shall reimburse Medicaid 95 providers, in accordance with state and federal law, according 96 to methodologies set forth in the rules of the agency and in 97 policy manuals and handbooks incorporated by reference therein. 98 These methodologies may include fee schedules, reimbursement 99 methods based on cost reporting, negotiated fees, competitive 100 bidding pursuant to s. 287.057, and other mechanisms the agency 101 considers efficient and effective for purchasing services or 102 goods on behalf of recipients. If a provider is reimbursed based 103 on cost reporting and submits a cost report late and that cost 104 report would have been used to set a lower reimbursement rate 105 for a rate semester, then the provider’s rate for that semester 106 shall be retroactively calculated using the new cost report, and 107 full payment at the recalculated rate shall be effected 108 retroactively. Medicare-granted extensions for filing cost 109 reports, if applicable, shall also apply to Medicaid cost 110 reports. Payment for Medicaid compensable services made on 111 behalf of Medicaid eligible persons is subject to the 112 availability of moneys and any limitations or directions 113 provided for in the General Appropriations Act or chapter 216. 114 Further, nothing in this section shall be construed to prevent 115 or limit the agency from adjusting fees, reimbursement rates, 116 lengths of stay, number of visits, or number of services, or 117 making any other adjustments necessary to comply with the 118 availability of moneys and any limitations or directions 119 provided for in the General Appropriations Act, provided the 120 adjustment is consistent with legislative intent. 121 (21) The agency shall reimburse school districts thatwhich122 certify the state match pursuant to ss. 409.9071 and 1011.70 for 123 the federal portion of the school district’s allowable costs to 124 deliver the services, based on the reimbursement schedule. The 125 school district shall determine the costs for delivering 126 services as authorized in ss. 409.9071 and 1011.70 for which the 127 state match will be certified. Reimbursement of school-based 128 providers is contingent on such providers being enrolled as 129 Medicaid providers and meeting the qualifications contained in 130 42 C.F.R. s. 440.110, unless otherwise waived by the United 131 States Department of Health and Human Servicesfederal Health132Care Financing Administration. Speech therapy providers who are 133 certified through the Department of Education pursuant to rule 134 6A-4.0176, Florida Administrative Code, are eligible for 135 reimbursement for services that are provided on school premises. 136 Any employee of the school district who has been fingerprinted 137 and has received a criminal background check in accordance with 138 Department of Education rules and guidelines isshall beexempt 139 from any agency requirements relating to criminal background 140 checks. 141 Section 4. This act shall take effect July 1, 2020.