Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 119, 1st Eng.
       
       
       
       
       
       
                                Barcode 160396                          
       
                              LEGISLATIVE ACTION                        
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2681 and 2682
    4  insert:
    5         Section 72. Section 409.9021, Florida Statutes, is amended
    6  to read:
    7         409.9021 Conditions for Medicaid Forfeiture of eligibility
    8  agreement.—
    9         (1) As a condition of Medicaid eligibility, subject to
   10  federal approval, a Medicaid applicant shall agree in writing to
   11  forfeit all entitlements to any goods or services provided
   12  through the Medicaid program if he or she has been found to have
   13  committed fraud, through judicial or administrative
   14  determination, two times in a period of 5 years. This provision
   15  applies only to the Medicaid recipient found to have committed
   16  or participated in the fraud and does not apply to any family
   17  member of the recipient who was not involved in the fraud.
   18         (2) A person who is eligible for Medicaid services and who
   19  has access to health care coverage through an employer-sponsored
   20  health plan shall use Medicaid financial assistance to pay the
   21  cost of premiums for the employer-sponsored health plan for the
   22  eligible person and his or her Medicaid-eligible family members.
   23         (3) A Medicaid recipient who has access to other insurance
   24  or coverage created pursuant to state or federal law may opt out
   25  of the Medicaid services provided under s. 409.908, s. 409.912,
   26  or s. 409.986 and use Medicaid financial assistance to pay the
   27  cost of premiums for the recipient and the recipient’s Medicaid
   28  eligible family members.
   29         (4) Subsections (2) and (3) shall be administered by the
   30  agency in accordance with s. 409.964(1)(j). The maximum amount
   31  available for the Medicaid financial assistance shall be
   32  calculated based on the Medicaid capitated rate as if the
   33  Medicaid recipient and the recipient’s eligible family members
   34  participated in a qualified plan for Medicaid managed care under
   35  this chapter.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete line 215
   40  and insert:
   41         the optional state supplementation program; amending
   42         s. 409.9021, F.S.; revising provisions relating to
   43         conditions for Medicaid eligibility; requiring that a
   44         recipient who has access to employer-sponsored health
   45         care use Medicaid financial assistance to pay the cost
   46         of premiums for the employer-sponsored health plan for
   47         the eligible person and his or her Medicaid-eligible
   48         family members; requiring the agency to develop a
   49         process to allow the Medicaid premium that would have
   50         been received to be used to pay employer premiums;
   51         requiring that the agency allow opt-out opportunities
   52         for certain recipients; amending s.