ahcaamend9fa615.htm


    
      Back to Form 10-Q

      Exhibit 10.15

       

      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

       

    

    AHCA
CONTRACT NO. FA615

    AMENDMENT
NO. 9

    


    THIS CONTRACT, entered into
between the STATE OF FLORIDA,
AGENCY FOR HEALTH CARE ADMINISTRATION, hereinafter referred to as the
"Agency" and WELLCARE OF
FLORIDA, INC. D/B/A STAYWELL HEALTH PLAN OF FLORIDA, hereinafter referred
to as the "Vendor" or “Health Plan” is hereby amended as follows:

    


    
      	
              1.

            	
              Attachment
      II, Table of Contents, is hereby amended as
  follows:

            


    

    


    
      	
               
      

            	
              --

            	
              Section
      IV Enrollee Services and Marketing is hereby amended to now
      read:

            


    

    


    Section
IV Enrollee Services, Community Outreach and Marketing

    


    
      	
               
      

            	
              --

            	
              Section
      IV, Item B. is hereby amended to now
read:

            


    

    


    
      	
               
      

            	
              B.

            	
              Community
      Outreach and Marketing

            


    

    


    
      	
              2.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section I, Item A.,
      Definitions, is hereby amended as
follows:

            


    

    


    
      	
               
      

            	
              --

            	
              The
      definition of Community Outreach Representative is hereby included as
      follows:

            


    

    


    Community
Outreach Representative – A person who provides Community Outreach,
including health information, information that promotes healthy lifestyles,
information that provides guidance about social assistance programs, and
information that provides culturally and linguistically appropriate health or
nutritional education. Such representatives must be appropriately trained,
certified and/or licensed, including but not limited to, social workers,
nutritionists, physical therapists and other health care
professionals.

    


    
      	
               
      

            	
              --

            	
              The
      definition of Community Outreach is hereby included as
      follows:

            


    

    


    Community
Outreach – The provision of health or nutritional
information,   or information for the benefit and education of,
or assistance to, a community in regard to health-related matters or public
awareness that promotes healthy lifestyles.  Community Outreach also
includes the provision of information about health care services, preventive
techniques and other health care projects and the provision of information
related to health, welfare, and social services or social assistance programs
offered by the State of Florida or local communities. or information for the
benefit and education of, or assistance to, a community in regard to
health-related matters or public awareness that promotes healthy
lifestyles.

    


    
      	
               
      

            	
              --

            	
              The
      definition of Community Outreach Materials is hereby included as
      follows:

            


    

    


    Community
Outreach Materials – Materials regarding health or nutritional
information, or information for the benefit and education of, or assistance to,
a community in regard to health-related matters or public awareness that
promotes healthy lifestyles; such materials are specifically meant for the
community at-large and may also include information about health care services,
preventive techniques and other health care projects and the provision of
information related to health, welfare, and social services or social assistance
programs offered by the State of Florida or local
communities.  Community Outreach Materials are limited to brochures,
fact sheets, posters, and ad copy for radio, television, print or the
Internet.

    


    
      	
               
      

            	
              --

            	
              The
      definition of Market Area is hereby amended to now read as
      follows:

            


    

    


    Market
Area – The
geographic area in which the Health Plan is authorized to conduct Community
Outreach.


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 1 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              --

            	
              The
      definition of Marketing Representative is hereby deleted in its
      entirety.

            


    

    


    
      	
               
      

            	
              --

            	
              The
      definition of Pre-Enrollment is hereby amended to now read as
      follows:

            


    

    


    Pre-Enrollment
– The provision of Marketing materials to a Medicaid Recipient.

    


    
      	
               
      

            	
              --

            	
              The
      definition of Pre-Enrollment Application is hereby deleted in its
      entirety.

            


    

    


    
      	
               
      

            	
              --

            	
              The
      definition of Public Event is hereby amended to now read as
      follows:

            


    

    


    Public
Event – An event that is organized or sponsored by an organization, for
the benefit and education of, or assistance to, a community in regard to
health-related matters or public awareness.

    


    
      	
               
      

            	
              --

            	
              The
      definition of Remediation is hereby included as
  follows:

            


    

    


    Remediation
- Remediation of encounter claims; where remediation is “the act or process of
correcting a fault or deficiency.”

    


    
      	
               
      

            	
              --

            	
              The
      definition of Request for Benefit Information (RBI) is hereby deleted in
      its entirety.

            


    

    


    
      	
              3.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section I, Item B.,
      Acronyms, is hereby amended as
follows:

            


    

    


    
      	
               
      

            	
              --

            	
              The
      acronym ACCESS is hereby included as
follows:

            


    

    


    ACCESS – Automated Community
Connection to Economic Self-Sufficiency:  The Department of Children
and Families’ (DCF’s) public assistance service delivery system.

    


    
      	
               
      

            	
              --

            	
              The
      acronym WEDI is hereby included as
follows:

            


    

    


    WEDI – Workgroup for
Electronic Data Interchange

    


    
      	
              4.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section III, Eligibility
      and Enrollment, Item C., Disenrollment, sub-item 2.a.(4), is hereby
      amended as follows:

            


    

    


    
      	
               
      

            	
              (4)

            	
              A
      substantiated Marketing or Community Outreach violation has
      occurred.

            


    

    


    
      	
              5.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section IV, Enrollee
      Services and Marketing, is hereby retitled “Enrollee Services, Community
      Outreach and Marketing.”

            


    

    


    
      	
              6.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section IV, Enrollee
      Services, Community Outreach and Marketing, Item A., Enrollee Services, is
      hereby amended to include sub-items 10. and 11. as
  follows:

            


    

    


    
      	
               
      

            	
              10.

            	
              Prescribed
      Drug List (PDL)

            


    

    


    The
Health Plan’s website must include the Health Plan’s PDL.  The Health Plan
may update the online PDL by providing thirty (30) days written notice of any
change to the Bureaus of Managed Health Care and Pharmacy Services.

    


    
      	
               
      

            	
              11.

            	
              Medicaid
      Redetermination Notices

            


    

    


    Upon
implementation of a systems change relative to this section, the Agency will
provide Medicaid recipient redetermination date information to the Health
Plan. 


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 2 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

    


    
      	
               
      

            	
              a.

            	
              This
      information may be used by the Health Plan only as indicated in this
      subsection. 

            


    

    


    
      	
               
      

            	
              b.

            	
              The
      Agency will notify the Health Plan sixty (60) Calendar Days prior to
      transmitting this information to the Health Plan and, at that time, will
      provide the Health Plan with the file format for this information. 
      The Agency will decide whether or not to continue to provide this
      information to Health Plan annually and will notify the Health Plans of
      its decision by May 1 for the coming Contract Year.  In addition, the
      Agency reserves the right to provide thirty (30) Calendar Days notice
      prior to discontinuing this subsection at any
  time.

            


    

    


    
      	
               
      

            	
              c.

            	
              Within
      thirty (30) Calendar Days after the date of the Agency’s notice of
      transmitting this redetermination date information, and annually by June 1
      thereafter, the Health Plan must notify the Agency’s Bureau of Managed
      Health Care (BMHC), in writing, if it will participate in the use of this
      information for the Contract Year.  The Health Plan’s participation
      in using this information is
  optional/voluntary. 

            


    

    


    
      	
               
      

            	
              (1)

            	
              If
      the Health Plan does not respond in writing to the Agency within thirty
      (30) Calendar Days after the date of the Agency’s notice, the Health Plan
      forfeits its ability to receive and use this information until the next
      Contract Year.

            


    

    


    
      	
               
      

            	
              (2)

            	
              If
      the Health Plan chooses to participate in the use of this information, it
      must provide with its response indicating it will participate, to the
      Agency for its approval, its policies and procedures regarding this
      subsection.

            


    

    


    
      	
               
      

            	
              (a)

            	
              A
      Health Plan that chooses to participate in the use of this information may
      decide to discontinue using this information at any time.  In this
      circumstance, the Health Plan must notify the Agency’s BMHC of such in
      writing.  The Agency will then delete the Health Plan from the list
      of Health Plans receiving this information for the remainder of the
      Contract Year.

            


    

    


    
      	
               
      

            	
              (b)

            	
              A
      Health Plan that chooses to participate in the use of this information
      must train all affected staff, prior to implementation, on its policies
      and procedures and the Agency’s requirements regarding this
      subsection.  The Health Plan must document such training has been
      provided including a record of those trained for the Agency review within
      five (5) Business days after the Agency’s
  request.

            


    

    


    
      	
               
      

            	
              (3)

            	
              If
      the Health Plan has opted-out of participating in the use of this
      information, it may not opt back in until the next Contract
      Year.

            


    

    


    
      	
               
      

            	
              (4)

            	
              Regardless
      of whether or not the Health Plan has declined to participate in the use
      of this information, it is subject to the sanctioning indicated in this
      subsection if this information has been or is misused by the Health
      Plan.

            


    

    


    
      	
               
      

            	
              d.

            	
              If
      the Health Plan chooses to participate in using this information, it may
      use the redetermination date information only in the methods listed below,
      and may choose to use both methods to communicate this information or just
      one method.

            


    

    


    
      	
               
      

            	
              (1)

            	
              The
      Health Plan may use redetermination date information in written notices to
      be sent to their Enrollees reminding them that their Medicaid eligibility
      may end soon and to reapply for Medicaid if needed.  If the Health
      Plan chooses to use this method to provide this information to its
      Enrollees, it must adhere to the following
  requirements:

            


    

    


    
      	
               
      

            	
              (a)

            	
              The
      Health Plan must mail the redetermination date notice to each Enrollee for
      whom the Health Plan received a redetermination date.  The Health
      Plan may send one notice to the Enrollee’s household when there are
      multiple Enrollees within
      a family that have the same Medicaid redetermination date provided that
      these Enrollees share the same mailing
  address.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 3 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              (b)

            	
              The
      Health Plan must use the Agency’s redetermination date notice template
      provided to the Health Plan for its notices.  The Health Plan may put
      this template on its letterhead for mailing; however, the Health Plan may
      make no other changes, additions or deletions to the letter
      text.

            


    

    


    
      	
               
      

            	
              (c)

            	
              The
      Health Plan must mail the redetermination date notices to each Enrollee no
      more than sixty (60) Calendar Days and no less than thirty (30) Calendar
      Days prior to the redetermination date received from the
      Agency.

            


    

    


    
      	
               
      

            	
              (2)

            	
              The
      Health Plan may use redetermination date information in automated voice
      response (AVR) or integrated voice response (IVR) automated messages sent
      to Enrollees reminding them that their Medicaid eligibility may end soon
      and to reapply for Medicaid if needed.  If the Health Plan chooses to
      use this method to provide this information to its Enrollees, it must
      adhere to the following
requirements:

            


    

    


    
      	
               
      

            	
              (a)

            	
              The
      Health Plan must send the redetermination date messages to each Enrollee
      for whom the Health Plan has received a redetermination date and for whom
      the Health Plan has a telephone number.  The Health Plan may send an
      automated message to the Enrollee’s household when there are multiple
      Enrollees within a family that have the same Medicaid redetermination date
      provided that these Enrollees share the same mailing address/phone
      number.

            


    

    


    
      	
               
      

            	
              (b)

            	
              For
      the voice messages, the Health Plan must use only the language in the
      Agency’s redetermination date notice template provided to the Health
      Plan.  The Health Plan may add its name to the message but may make
      no other changes, additions or deletions to the message
    text.

            


    

    


    
      	
               
      

            	
              (c)

            	
              The
      Health Plan must make such automated calls to each Enrollee no more than
      sixty (60) Calendar Days and no less than thirty (30) Calendar Days prior
      to the redetermination date received from the
  Agency. 

            


    

    


    
      	
               
      

            	
              (3)

            	
              The
      Health Plan may not include the redetermination date information in any
      file viewable by customer service or Community Outreach staff.  This
      information may only be used in the letter templates and automated scripts
      provided by the Agency and cannot be verbally referenced or discussed by
      the Health Plan with the Enrollees, unless in response to an Enrollee
      inquiry regarding the letter received, nor may it be used a future time by
      the Health Plan.  If the Health Plan receives Enrollee inquiries
      regarding the notices, such inquiries must be referred to the Department
      of Children and Families.

            


    

    


    
      	
               
      

            	
              e.

            	
              If
      the Health Plan chooses to participate in using this information, the
      Health Plan must keep the following information available regarding each
      mailing made for the Agency’s review within five (5) Business Days after
      the Agency’s request:

            


    

    


    
      	
               
      

            	
              (1)

            	
              For
      each month of mailings, a dated hard copy or pdf of the monthly template
      used for that specific mailing.

            


    

    


    
      	
               
      

            	
              (a)

            	
              A
      list of each Enrollee for whom a monthly mailing was sent.  This list
      shall include each Enrollee’s name and Medicaid identification number to
      whom the notice was mailed,  the address to which the notice was
      mailed, and the date of the Agency’s enrollment file used to create the
      mailing list.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 4 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

                                   
(b)       A log of returned, undeliverable
mail received for these notices, by month, for each Enrollee for whom a returned
notice was received.

    


    
      	
               
      

            	
              (2)

            	
              For
      each month of automated calls made, a list including of each Enrollee for
      whom a call was made, the Enrollee’s Medicaid identification number,
      telephone number to which the call was made, and the date each call was
      made, and the date of the Agency’s enrollment file used to create the
      automated call list.

            


    

    


    The
Health Plan must retain this documentation in accordance with the Agency’s
Standard Contract, I.D., Retention of Records.

    


    
      	
               
      

            	
              f.

            	
              If
      the Health Plan chooses to participate in using this information, the
      Health Plan must keep up-to-date and approved policies and procedures
      regarding the use, storage and securing of this information as well as
      addressing all requirements of this
subsection.

            


    

    


    
      	
               
      

            	
              g.

            	
              If
      the Health Plan chooses to participate in using this information, the
      Health Plan must submit to the Agency’s BMHC a completed quarterly summary
      report in accordance with Section XII, X., of this
    Attachment.

            


    

    


    
      	
               
      

            	
              h.

            	
              Should
      any complaint or investigation by the Agency result in a finding that the
      Health Plan has violated this subsection, the Health Plan will be
      sanctioned in accordance with Section XIV, B.  The first such
      violation will result in a 30-day suspension of use of Medicaid
      redetermination dates; any subsequent violations will result in 30-day
      incremental increases in the suspension of use of Medicaid redetermination
      dates.  In the event of any subsequent violations, additional
      penalties may be imposed in accordance with Section XIV, B. 
      Additional or subsequent violations may result in the Agency’s rescinding
      of the provision of redetermination date information to the Health
      Plan.

            


    

    


    
      	
              7.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section IV, Item B.,
      Marketing, is hereby deleted in its entirety and replaced as
      follows:

            


    

    


    
      	
               
      

            	
              B.

            	
              Community
      Outreach and Marketing

            


    

    


    
      	
               
      

            	
              1.

            	
              General
      Provisions

            


    

    


    
      	
               
      

            	
              a.

            	
              The
      Health Plan’s Community Outreach Representative(s) may provide Community
      Outreach at Health Fairs/Public events as noticed by the Health Plan to
      the Agency in accordance with sub-item 4. of this Section.  The
      main purpose of a Health Fair/Public Event shall be to provide Community
      Outreach and shall not be for the purpose of Medicaid Health Plan
      Marketing.

            


    

    


    
      	
               
      

            	
              b.

            	
              For
      each new Contract Period, the Health Plan shall submit to the Agency
      Bureau of Managed Health Care for written approval, all Community Outreach
      material no later than sixty (60) Calendar Days prior to Contract renewal,
      and for any changes in the Community Outreach Material, no later than
      thirty (30) Calendar Days prior to implementation.  All
      materials developed shall be governed by the requirements set forth in
      this Section.

            


    

    


    
      	
               
      

            	
              c.

            	
              To
      announce participation at a specific event (Health Fair/Public Event), the
      Health Plan shall submit a notice to the Agency in accordance with
      sub-item B.3., Permitted
Activities.

            


    

    


    
      	
               
      

            	
              d.

            	
              The
      Health Plan shall be responsible for developing and implementing a written
      plan designed to control the actions of its Community Outreach
      Representatives.

            


    

    


    
      	
               
      

            	
              e.

            	
              All
      of the Community Outreach policies set forth in this Contract apply to
      staff, Subcontractors, Health Plan volunteers and all persons acting for
      or on behalf of the Health
Plan.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 5 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

    
       

      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              f.

            	
              The
      Health Plan is vicariously liable for any Outreach and Marketing
      violations of its employees, agents or Subcontractors.  Any
      violations of this section shall subject the health plan to administrative
      action by the Agency as determined by the Agency.  The health
      plan may dispute any such administrative action pursuant to Section XVI,
      Item I., Disputes.

            


    

    


    
      	
               
      

            	
              g.

            	
              Nothing
      in this Section shall preclude a Health Plan from donating to or
      sponsoring an event with a community organization where time, money or
      expertise is provided for the benefit of the community.  If such
      events are not Health Fairs/Public Events, no Community Outreach Materials
      or Marketing Materials may be distributed by the Health Plan, but the
      Health Plan may engage in brand-awareness activities, including the
      display of Health Plan or Product logos.  Inquiries at such events
      from prospective enrollees must be referred to the Health Plan’s member
      services section or the Agency’s Choice Counselor/Enrollment
      Broker.

            


    

    


    
      	
               
      

            	
              2.

            	
              Prohibited
      Activities

            


    

    


    The
Health Plan is prohibited from engaging in the following non-exclusive list of
activities:

    


    
      	
               
      

            	
              a.

            	
              Marketing
      for Enrollment to any potential members or conducting any Pre-Enrollment
      activities not expressly allowed under this
  Contract.

            


    

    


    
      	
               
      

            	
              b.

            	
              Any
      of the prohibited practices or activities listed in Section 409.912,
      F.S.

            


    

    


    
      	
               
      

            	
              c.

            	
              Engaging
      in activities for the purpose of recruitment or
  Enrollment.

            


    

    


    
      	
               
      

            	
              d.

            	
              In
      accordance with sections 409.912 and 409.91211, F.S., practices that are
      discriminatory, including, but not limited to, attempts to discourage
      Enrollment or reenrollment on the basis of actual or perceived health
      status.

            


    

    


    
      	
               
      

            	
              e.

            	
              Direct
      or indirect Cold Call Marketing or other solicitation of Medicaid
      Recipients, either by door-to-door, telephone or other means, in
      accordance with section 4707 of the Balanced Budget Act of 1997, and
      section 409.912, F.S.

            


    

    


    
      	
               
      

            	
              f.

            	
              In
      accordance with section 409.912, F.S., activities that could mislead or
      confuse Medicaid Recipients, or misrepresent the Health Plan, it’s
      Community Outreach Representatives, or the Agency.  No
      fraudulent, misleading, or misrepresentative information shall be used in
      Community Outreach, including information regarding other governmental
      programs.  Statements that could mislead or confuse include, but
      are not limited to, any assertion, statement or claim (whether written or
      oral) that:

            


    

    


    
      	
               
      

            	
              (1)

            	
              The
      Medicaid Recipient must enroll in the Health Plan in order to obtain
      Medicaid, or in order to avoid losing Medicaid
  benefits;

            


    

    


    
      	
               
      

            	
              (2)

            	
              The
      Health Plan is endorsed by any federal, State or county government, the
      Agency, or CMS, or any other organization which has not certified its
      endorsement in writing to the Health
Plan;

            


    

    


    
      	
               
      

            	
              (3)

            	
              Community
      Outreach Representatives are employees or representatives of the federal,
      State or county government, or of anyone other than the Health Plan or the
      organization by whom they are
reimbursed;

            


    

    


    
      	
               
      

            	
              (4)

            	
              The
      State or county recommends that a Medicaid Recipient enroll with the
      Health Plan; and/or

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 6 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              (5)

            	
              A
      Medicaid Recipient will lose benefits under the Medicaid program, or any
      other health or welfare benefits to which the Recipient is legally
      entitled, if the Recipient does not enroll with the Health
      Plan.

            


    

    


    
      	
               
      

            	
              g.

            	
              Granting
      or offering of any monetary or other valuable consideration for
      Enrollment.

            


    

    


    
      	
               
      

            	
              h.

            	
              Offers
      of insurance, such as but not limited to, accidental death, dismemberment,
      disability or life insurance.

            


    

    


    
      	
               
      

            	
              i.

            	
              Enlisting
      the assistance of any employee, officer, elected official or agent of the
      State in recruitment of Medicaid Recipients except as authorized in
      writing by the Agency.

            


    

    


    
      	
               
      

            	
              j.

            	
              Offers
      of material or financial gain to any persons soliciting, referring or
      otherwise facilitating Medicaid Recipient Enrollment.  The
      Health Plan shall ensure that no plan staff market the Health Plan to
      Medicaid Recipients at any location including State offices or DCF ACCESS
      centers.

            


    

    


    
      	
               
      

            	
              k.

            	
              Giving
      away promotional items in excess of $5.00 retail value.  Items
      to be given away shall bear the Health Plan's name and shall only be given
      away at Health Fairs/Public Events.  In addition, such
      promotional items must be offered to the general public and shall not be
      limited to Medicaid Recipients.

            


    

    


    
      	
               
      

            	
              l.

            	
              Providing
      any gift, commission, or any form of compensation to the Choice
      Counselor/Enrollment Broker, including the Choice Counselor/Enrollment
      Broker's full-time, part-time or temporary employees and
      Subcontractors.

            


    

    


    
      	
               
      

            	
              m.

            	
              Provide
      information, prior to the Enrollment, about the incentives that shall be
      offered to the Enrollee as described in Section VIII.B.7., Incentive
      Programs.  The Health Plan may inform Enrollees on or after
      their Enrollment effective date about the specific incentives or programs
      available.

            


    

    


    
      	
               
      

            	
              n.

            	
              Discussing,
      explaining or speaking to a potential member about
      Health-Plan-benefit-specific information other than to refer all Health
      Plan inquiries to the Member Services section of the Health Plan or the
      Agency’s Choice Counselor/Enrollment
Broker.

            


    

    


    
      	
               
      

            	
              o.

            	
              Distributing
      any Community Outreach Materials without prior written notice to the
      Agency except as otherwise allowed under Permitted Activities and Provider
      Compliance subsections.

            


    

    


    
      	
               
      

            	
              p.

            	
              Distributing
      any Marketing materials.

            


    

    


    
      	
               
      

            	
              q.

            	
              Subcontract
      with any brokerage firm or independent agent as defined in Chapters
      624-651, F.S., for purposes of Marketing or Community
      Outreach.

            


    

    


    
      	
               
      

            	
              r.

            	
              Pay
      commission compensation to Community Outreach Representatives for new
      Enrollees.  The payment of a bonus to a Community Outreach
      Representative shall not be considered a commission if such bonus is not
      related to enrollment or membership
growth.

            


    

    


    
      	
               
      

            	
              s.

            	
              All
      activities included in Section 641.3903,
F.S.

            


    

    


    
      	
               
      

            	
              3.

            	
              Permitted
      Activities

            


    

    


    The
Health Plan may engage in the following activities upon prior written notice to
the Agency Bureau of Managed Health Care:


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 7 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              

  

    

    
      	 	a.	The
      Health Plan may attend Health Fairs/Public Events upon request by the
      sponsor and after written notification to the Agency as described in
      sub-item 4.
	 	 	 
	
               
      

            	
              b.

            	
              The
      Health Plan may leave Community Outreach Materials at Health Fairs/Public
      Events at which the Health Plan
participates.

            


    

    


    
      	
               
      

            	
              c.

            	
              The
      Health Plan may provide Agency-approved Community Outreach
      Materials.  Such Materials may include Medicaid enrollment and
      eligibility information and information related to other health care
      projects and health, welfare and social services provided by the State of
      Florida or local communities.  The Health Plan staff, including
      Community Outreach Representatives, must refer all Health Plan inquiries
      to the member services section of the Health Plan or the Agency’s Choice
      Counselor/Enrollment Broker.  The Agency must approve the script
      used by the Health Plan’s member services section before
      usage.

            


    

    


    
      	
               
      

            	
              d.

            	
              Health
      Plans may distribute Community Outreach Materials to community
      agencies.

            


    

    


    
      	
               
      

            	
              4.

            	
              Community Outreach Notification
      Process

            


    

    


    
      	
               
      

            	
              a.

            	
              The
      Health Plan shall submit in writing to the Agency Bureau of Managed Health
      Care, a notice of its intent to attend and provide Community Outreach
      Materials at Health Fairs/Public Events at least two (2) weeks prior to
      the event (see 4.b. and c. below for further notice
      information).  Such submission shall include the items listed
      below:

            


    

    


    
      	
               
      

            	
              (1)

            	
              The
      following Health Fair/Public Event disclosure information and other
      information as may be required by the
Agency:

            


    

    


    
      	
               
      

            	
              (a)

            	
              The
      announcement of the event that will be given out to the
      public;

            


    

    
      	
               
      

            	
              (b)

            	
              The
      date, time and location of the
event;

            


    

    
      	
               
      

            	
              (c)

            	
              The
      name and type of organization sponsoring the
  event;

            


    

    
      	
               
      

            	
              (d)

            	
              The
      event contact person and contact
information;

            


    

    
      	
               
      

            	
              (e)

            	
              The
      Health Plan contact person and contact information;
  and

            


    

    
      	
               
      

            	
              (f)

            	
              Names
      of participating Community Outreach Representative(s), their contact
      information and services they will provide at the
  event.

            


    

    


    
      	
               
      

            	
              (2)

            	
              In
      addition to the disclosure information listed in (1) above, if the Health
      Plan is the primary organizer of the Health Fair, the Health Plan shall
      submit complete disclosure of information from each organization
      participating in a Health Fair prior to the event.  Such
      information shall include the name of the organization, contact person
      information, and confirmation of
participation.

            


    

    


    
      	
               
      

            	
              (3)

            	
              In
      addition to the disclosure information listed in (1) above, if the Health
      Plan has been invited by a community organization to be a sponsor or
      attendee of an event, the Health Plan shall provide to the Agency Bureau
      of Managed Health Care a copy of the letter of invitation from the Health
      Fair/Public Event sponsor(s) to the Health Plan requesting sponsorship of,
      or attendance at, the event.

            


    

    


    
      	
               
      

            	
              b.

            	
              The
      Health Plan shall submit notice to the Agency of Health Fairs/Public
      Events no later than ten (10) Business Days after the Health Plan’s
      receipt of the invitation to attend or, if the Health Plan is the primary
      organizer of the Health Fair, no later than ten (10) days after a decision
      has been made to organize the
event.

            


    

    


    
      	
               
      

            	
              c.

            	
              Notwithstanding
      the other notice requirements in this subsection, the two week and the
      10-day advance notice requirements are waived in cases of force majeure
      provided the Health Plan notices the Bureau of Managed Health Care by the
      time of the event.  Force majeure events includes destruction
      due to hurricanes, fires, war, riots, and other similar acts.   When
      providing the Agency with notice of attendance at such events, the Health
      Plan shall include a description of the force majeure event requiring
      waiver of notice.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 8 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              d.

            	
              The
      Agency will establish a statewide log to track the Community Outreach
      notifications received and may monitor such
  events.

            


    

    


    
      	
               
      

            	
              5.

            	
              Provider
      Compliance

            


    

    


    The
Health Plan shall ensure, through provider education and outreach, that its
health care Providers are aware and comply with the following
requirements:

    


    
      	
               
      

            	
              a.

            	
              Health
      care Providers may display Health-Plan-specific materials in their own
      offices.

            


    

    


    
      	
               
      

            	
              b.

            	
              Health
      Care Providers cannot orally or in writing compare Benefits or provider
      networks among Health Plans, other than to confirm Health Plan network
      participation.

            


    

    


    
      	
               
      

            	
              c.

            	
              Health
      care Providers may announce a new affiliation with a Health Plan or give a
      list of Health Plans with which they contract to their
      patients.

            


    

    


    
      	
               
      

            	
              d.

            	
              Health
      care Providers may co-sponsor events, such as Health Fairs, and advertise
      with the Health Plan in indirect ways; such as television, radio, posters,
      fliers, and print advertisement.

            


    

    


    
      	
               
      

            	
              e.

            	
              Health
      care Providers shall not furnish lists of their Medicaid Recipients to
      Health Plans with which they contract, or any other entity, nor can
      Providers furnish other Health Plans' membership lists to any Health Plan,
      nor can Providers assist with Health Plan
  Enrollment.

            


    

    


    
      	
               
      

            	
              f.

            	
              For
      the Health Plan, health care Providers may distribute information about
      non-Health-Plan-specific health care services and the provision of health,
      welfare, and social services provided by the State of Florida or local
      communities as long as any inquiries from prospective enrollees are
      referred to the member services section of the health plan and the
      Agency’s Choice Counselor/Enrollment
Broker.

            


    

    


    
      	
               
      

            	
              6.

            	
              Community
      Outreach Representatives

            


    

    


    
      	
               
      

            	
              a.

            	
              The
      Health Plan shall report to the Agency Bureau of Managed Health Care any
      Health Plan staff or Community Outreach Representative who violates any
      requirements of this Contract, within fifteen (15) Calendar Days of
      knowledge of such violation.

            


    

    


    
      	
               
      

            	
              b.

            	
              While
      attending Health Fairs/Public Events, Community Outreach Representatives
      shall wear picture identification that identifies the Health Plan
      represented.

            


    

    


    
      	
               
      

            	
              c.

            	
              If
      asked, the Community Outreach Representative shall inform the Medicaid
      Recipient that the Representative is not an employee of the State and is
      not a Choice Counseling Specialist, but is a Representative of the Health
      Plan.

            


    

    


    
      	
               
      

            	
              d.

            	
              The
      Health Plan shall instruct and provide initial and periodic training to
      its Community Outreach Representatives regarding the Community Outreach
      and Marketing provisions of this
Contract.

            


    

    


    
      	
               
      

            	
              e.

            	
              The
      Health Plan shall implement procedures for background and reference checks
      for use in its Community Outreach Representative hiring
      practices.

            


    

    


    
      	
               
      

            	
              f.

            	
              The
      Health Plan shall register each Community Outreach Representative with the
      Agency’s Bureau of Managed Health Care in accordance with Section XII of
      this Contract.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 9 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      
        	
                8.

              	
                Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section X, Administration
      and Management, Item B., Staffing, sub-item 1.g., is hereby deleted in its
      entirety and replaced as follows:

              


      

              

    

    
      	
               
      

            	
              g.

            	
              Community Outreach
      Oversight Coordinator:  If the Health Plan engages in
      Community Outreach, the Health Plan shall have a designated person,
      qualified by training and experience, to assure the Health Plan adheres to
      the community outreach and marketing requirements of this
      Contract.

            


    

    


    
      	
              9.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section X, Administration
      and Management, Item C., Provider Contract Requirements, sub-item 2.s., is
      hereby deleted in its entirety and replaced as
  follows:

            


    

    


    
      	
               
      

            	
              s.

            	
              Require
      that any Community Outreach Materials related to this Contract that are
      displayed by the Provider be submitted to the Agency for written approval
      before use;

            


    

    


    
      	
              10.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section X, Administration
      and Management, Item E., Provider Services, sub-item 5.d., is hereby
      deleted in its entirety and replaced as
follows:

            


    

    


    
      	
               
      

            	
              d.

            	
              The
      Health Plan’s call center systems shall have the capability to track call
      management metrics identified in Section IV, Community Outreach and
      Marketing, Item A., Enrollee Services, sub-item 7., Toll-Free Help
      Line.

            


    

    


    
      	
              11.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section X, Administration
      and Management, Item H., Encounter Data, is hereby deleted in its entirety
      and replaced as follows:

            


    

    


    
      	
               
      

            	
              H.

            	
              Encounter
      Data

            


    

    


    
      	
               
      

            	
              1.

            	
              The
      Health Plan shall submit Encounter Data that meets established Agency data
      quality standards as defined herein.  These standards are
      defined by the Agency to ensure receipt of complete and accurate data for
      program administration and will be closely monitored and
      enforced.  The Agency will revise and amend these standards with
      ninety (90) Calendar Days advance notice to the Health Plan to ensure
      continuous quality improvement.  The Health Plan shall make
      changes or corrections to any systems, processes or data transmission
      formats as needed to comply with Agency data quality standards as
      originally defined or subsequently
amended.

            


    

    


    
      	
               
      

            	
              2.

            	
              The
      Encounter Data submission standards required to support encounter
      reporting and submission are defined by the Agency in the Medicaid
      Encounter Data System (MEDS) Companion Guide and this
      Section.  In addition, the Agency will post encounter reporting
      requirements on its MEDS website for the Health Plans to follow: http://ahca.myflorida.com/Medicaid/meds/.

            


    

    


    
      	
               
      

            	
              3.

            	
              The
      Health Plan shall adhere to the following requirements for the Encounter
      Data submission process:

            


    

    


    
      	
               
      

            	
              a.

            	
              The
      Agency shall notify the Health Plan, in writing, of the start date for
      resuming the submission of encounters through the current Fiscal
      Agent.

            


    

    


    
      	
               
      

            	
              b.

            	
              Once
      the Health Plan is notified by the Agency of the date for recommencing
      encounter submissions (submission start date), the Health Plan shall
      submit its schedule for transmitting Encounter Data for all typical
      and atypical services collected for historical claims
      beginning July 1, 2008, and up to the submission start
    date.

            


    

     

    
      	 	(1)	The Health
      Plan shall submit this schedule for approval to the Agency’s Medicaid
      Encounter Data System team (at medsteam@ahca.myflorida.com)
      within ten (10) Business days after the date of the Agency’s notice to
      begin submitting
encounters.


    

       

    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 10 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              (2)

            	
              At
      a minimum, such submission schedule must include that historical encounter
      transmissions will begin no later than sixty (60) Calendar Days after the
      submission start date.

            


    

    


    
      	
               
      

            	
              c.

            	
              In
      accordance with the submission schedule approved by the Agency, the Health
      Plan shall submit the historical encounters for all typical and atypical
      services with Health Plan paid dates of July 1, 2008, up to the submission
      start date.

            


    

    


    
      	
               
      

            	
              d.

            	
              The
      Health Plan shall submit encounters for all typical and atypical services
      with Health Plan paid dates on or after the submission start date on an
      ongoing basis within sixty (60) Calendar Days following the end of the
      month in which the Health Plan paid the claims for
    services.

            


    

    


    
      	
               
      

            	
              e.

            	
              For
      all encounters submitted after the recommencing of encounter submissions
      (submission start date), including historical and ongoing claims, if the
      Agency or its Fiscal Agent notifies the Health Plan of encounters failing
      X12 Electronic Data Interface (EDI) compliance edits or FMMIS threshold
      and repairable compliance edits, the Health Plan shall Remediate all such
      encounters within sixty (60) Calendar Days after such
    notice.

            


    

    


    
      	
               
      

            	
              f.

            	
              There
      will be no requirement to submit encounters for Health Plan paid dates
      prior to July 1, 2008.

            


    

    


    
      	
               
      

            	
              4.

            	
              The
      Health Plan shall have a comprehensive automated and integrated Encounter
      Data system that is capable of meeting the requirements
      below.  The Health Plan shall comply as
  follows:

            


    

    


    
      	
               
      

            	
              a.

            	
              All
      Health Plan encounters shall be submitted to the Agency in the standard
      HIPAA transaction formats, namely the ANSI X12N 837 Transaction formats (P
      - Professional, I - Institutional, and D – Dental), and, for Pharmacy
      services, in the National Council for Prescription Drug Programs (NCPDP)
      format.  Health Plan paid amounts must be provided for
      non-capitated network providers.

            


    

    


    
      	
               
      

            	
              b.

            	
              The
      Health Plan shall collect and submit to the Agency’s Fiscal Agent,
      Enrollee service level Encounter Data for all Covered
      Services.  Health Plans will be held responsible for errors or
      noncompliance resulting from their own actions or the actions of an agent
      authorized to act on their behalf.

            


    

    


    
      	
               
      

            	
              c.

            	
              The
      Health Plan shall convert all information that enters their claims systems
      via hard copy paper claims or other proprietary formats to Encounter Data
      to be submitted in the appropriate HIPAA compliant
  formats.

            


    

    


    
      	
               
      

            	
              d.

            	
              The
      Health Plan shall provide complete and accurate encounters to the
      Agency.  Health Plans will implement review procedures to
      validate Encounter Data submitted by
providers.

            


    

    


    
      	
               
      

            	
              (1)

            	
              Complete:   A
      Health Plan submitting encounters that represent at least 95% of the
      Covered Services provided by the Health Plan’s Providers and
      non-participating providers.  It is expected that the Health
      Plan will strive to make every effort to achieve a 100% complete
      submission rate.

            


    

    


    
      	
               
      

            	
              (2)

            	
              Accurate:  95%
      of the records in a Health Plan’s encounter batch submission pass X12 EDI
      compliance edits and the FMMIS threshold and repairable compliance
      edits.  The X12 EDI compliance edits are established through
      SNIP levels 1 through 4.  FMMIS threshold
      and repairable edits that report exceptions are defined in the MEDS
      Companion Guide.

            


    


    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 11 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              e.

            	
              The
      Health Plan shall designate sufficient IT and staffing resources to
      perform these encounter functions as determined by generally accepted best
      industry practices.

            


    

    


    
      	
               
      

            	
              f.

            	
              The
      Health Plan shall retain submitted historical Encounter Data for a period
      not less than five years as specified in I.D., Retention of Records, in
      the Agency’s Standard Contract.

            


    

    


    
      	
               
      

            	
              5.

            	
              Where
      a Health Plan has entered into capitation reimbursement arrangements with
      Providers, the Health Plan must comply with sub-item 4. of this
      Section.  The Health Plan shall require timely submissions from
      its Providers as a condition of the capitation
  payment.

            


    

    


    
      	
               
      

            	
              6.

            	
              The
      Health Plan shall participate in Agency sponsored workgroups directed at
      continuous improvements in Encounter Data quality and
      operations.

            


    

    


    
      	
               
      

            	
              7.

            	
              If
      the Agency determines that the Health Plan’s MEDS performance is not
      acceptable, the Agency shall require the Health Plan to submit a
      corrective action plan (CAP).  If the Health Plan fails to
      provide a CAP or to implement an approved CAP within the time specified by
      the Agency, the Agency shall sanction the Health Plan in accordance with
      the provisions of Section XIV, Sanctions, and may immediately terminate
      all Enrollment activities and Mandatory Assignments.  When
      considering whether to impose a Sanction, the Agency will take into
      account the Health Plan’s cumulative performance on all MEDS activities,
      including progress made toward completeness and accuracy of Encounter Data
      as defined in sub-item H.4.d. of this
Section.

            


    

    


    
      	
               
      

            	
              8.

            	
              The
      Encounter Data submission time frames specified in this Section do not
      affect time frames specified in Section XII for either pharmacy data
      encounter reporting for risk adjustment or behavioral health encounter
      (including pharmacy) reporting.

            


    

    


    
      	
              12.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section XII, Reporting
      Requirements, Item A., Health Plan Reporting Requirements, sub-item 7.,
      Digit 1 Report Identifiers table, is hereby deleted in its entirety and
      replaced as follows:

            


    

    


    
      	
              Digit
      1 Report Identifiers

            
	
               
      R

            	
               
      Community Outreach Representative

            
	
               
      I

            	
               
      Information Systems Availability

            
	
               
      G

            	
               
      Grievance System Reporting

            
	
               
      H

            	
               
      Inpatient Discharge Reporting

            
	
               
      F

            	
               
      Financial Reporting

            
	
               
      M

            	
               
      Minority Reporting

            
	
               
      C

            	
               
      Claims Inventory

            
	
               
      T

            	
               
      Transportation

            
	
               
      S

            	
               
      Critical Incident Summary

            
	
               
      E

            	
               
      Behavioral Health Encounter Data

            
	
               
      B

            	
               
      Behavioral Health Pharmacy Encounter Data

            
	
               
      P

            	
               
      Behavioral Health Required Staff/Providers

            
	
               
      O

            	
               
      FARS/CFARS

            


    

    


    
      	
              13.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section XII, Reporting
      Requirements, Table 1, Summary of Reporting Requirements, “Marketing
      Representative Report” is hereby retitled “Community Outreach
      Representative Report.”

            


    

     

    
      
        	
                14.

              	
                Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section XII, Reporting
      Requirements, Item E., Marketing Representative Report, is hereby deleted
      in its entirety and replaced as
follows:

              


      

       

    

    
      
        
          AHCA
Contract No. FA615, Amendment No. 9, Page 12 of 13

        

         


      

      
         


        
          

        

      

      
         


      

    

     

    
      
        	
                 WellCare of Florida, Inc.
      d/b/a  

                Staywell Health Plan of Florida 

              	 	
                 Medicaid HMO
      Contract

              


      

    

     

    
      	
               
      

            	
              E.

            	
              Community
      Outreach Representative Report

            


    

     

    
      	
               
      

            	
              1.

            	
              The
      Health Plan shall register each Community Outreach Representative with the
      Agency as specified below.  The registration file must be
      submitted to the Agency at the following e-mail address prior to any
      initial Community Outreach
      activity:  MMCDATA@ahca.myflorida.com.  The
      Agency-supplied template must be used – Community Outreach Representative
      Registration Template.xls.  This template is provided at
      http://www.ahca.myflorida.com/mchq/managed_health_care/mhmo/med_prov.shtml.

            


    

    


    
      	
               
      

            	
              2.

            	
              Changes
      to the Community Outreach Representative’s initial registration must be
      submitted to the Agency immediately upon occurrence at e-mail
      address:  MMCDATA@ahca.myflorida.com.  The
      Agency-supplied template must be used.  The Health Plan shall
      not change or alter the template. This template contains the following
      required data elements:

            


    

    


    
      	
              15.

            	
              Attachment
      II, Medicaid Prepaid Health Plan Model Contract, Section XVI, Terms and
      Conditions, Item Q., Termination Procedures, sub-item 2.c., is hereby
      deleted in its entirety and replaced as
follows:

            


    

    


    
      	
               
      

            	
              c.

            	
              Terminate
      all Community Outreach activities and subcontracts relating to Community
      Outreach.

            


    

    


    This Amendment shall have an effective
date of March 1, 2009, or the date on which both parties execute the Amendment,
whichever is later.

    


    All
provisions in the Contract and any attachments thereto in conflict with this
Amendment shall be and are hereby changed to conform with this
Amendment.

    


    All
provisions not in conflict with this Amendment are still in effect and are to be
performed at the level specified in the Contract.

    


    This
Amendment, and all its attachments, are hereby made part of the
Contract.

    


    This
Amendment cannot be executed unless all previous Amendments to this Contract
have been fully executed.

    


    IN
WITNESS WHEREOF, the parties hereto have caused this thirteen (13) page
Amendment (including all attachments) to be executed by their officials
thereunto duly authorized.

    


    


    
      	
              WELLCARE
      OF FLORIDA, INC.

              D/B/A
      STAYWELL HEALTH PLAN

              OF
      FLORIDA

            	 
      	
              STATE
      OF FLORIDA, AGENCY FOR

              HEALTH
      CARE ADMINISTRATION

            


    

    


    
      	
              SIGNED

              BY:

            	 
      

              /s/
      Heath Schiesser

            	 
      	
              SIGNED

              BY:

            	 
      

              /s/
      Holly Benson

            
	
               

              NAME:

            	
               

              
                Heath
      Schiesser

              

            	 
      	
               

              NAME:

            	
               

              Holly
      Benson

            
	
               

              TITLE:

            	
               

              President
      and CEO

            	 
      	
               

              TITLE:

            	
               

              Secretary

            
	
               

              DATE:

            	
               
      

              25
      March 2009

            	 
      	
               

              DATE:

            	
               
      

              3/25/09

            


    

    


    


    REMAINDER
OF PAGE INTENTIONALLY LEFT BLANK

     

    
      AHCA
Contract No. FA615, Amendment No. 9, Page 13 of 13