Florida Senate - 2011                                     SB 656
       
       
       
       By Senator Rich
       
       
       
       
       34-00541A-11                                           2011656__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kidcare program;
    3         amending s. 409.8132, F.S.; providing that certain
    4         children under the age of 1 may participate in the
    5         Medikids program; conforming cross-references;
    6         amending s. 409.814, F.S.; requiring that children who
    7         are eligible for Kidcare be offered the opportunity to
    8         be made presumptively eligible; providing that
    9         children who are eligible for a state-sponsored health
   10         benefit plan and the subsidized Kidcare program may
   11         enroll in the program; providing that an eligible
   12         child who is a lawful immigrant may enroll in the
   13         Florida Kidcare program regardless of the child’s date
   14         of entry; conforming provisions to changes made by the
   15         act; amending s. 409.815, F.S.; authorizing Kidcare
   16         coverage for temporomandibular joint disease; amending
   17         s. 409.816, F.S.; conforming a cross-reference;
   18         amending s. 409.818, F.S.; conforming provisions to
   19         changes made by the act; allowing a redetermination of
   20         a child’s eligibility for Medicaid to be linked to a
   21         child’s eligibility for other programs; amending s.
   22         409.904, F.S.; providing that Medicaid-eligible
   23         children are deemed eligible for 12 months of coverage
   24         regardless of any change in circumstances; requiring
   25         that such children be offered the opportunity to be
   26         made presumptively eligible; providing that a pregnant
   27         woman in a family of certain income level is eligible
   28         for Medicaid for the duration of her pregnancy and for
   29         the postpartum period; amending s. 624.91, F.S.,
   30         relating to the Florida Healthy Kids Corporation;
   31         conforming provisions to changes made by the act;
   32         deleting an obsolete provision; expanding the
   33         membership of the board of directors of the Florida
   34         Healthy Kids Corporation; directing the Agency for
   35         Health Care Administration to implement the federal
   36         Family Opportunity Act; providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (6) of section 409.8132, Florida
   41  Statutes, is amended to read:
   42         409.8132 Medikids program component.—
   43         (6) ELIGIBILITY.—
   44         (a) A child who has attained the age of 1 year but who is
   45  under the age of 5 years is eligible to enroll in the Medikids
   46  program component of the Florida Kidcare program, if the child
   47  is a member of a family that has a family income that which
   48  exceeds the Medicaid applicable income level as specified in s.
   49  409.903, but that which is equal to or below 200 percent of the
   50  current federal poverty level. In determining the eligibility of
   51  such a child, an assets test is not required. A child who is
   52  eligible for Medikids may elect to enroll in Florida Healthy
   53  Kids coverage or employer-sponsored group coverage. However, a
   54  child who is eligible for Medikids may participate in the
   55  Florida Healthy Kids program only if the child has a sibling
   56  participating in the Florida Healthy Kids program and the
   57  child’s county of residence permits such enrollment.
   58         (b) A child who is under the age of 1 year who has a family
   59  income above 200 percent of the current federal poverty level
   60  may participate in the Medikids program as provided in s.
   61  409.814(8).
   62         (c)(b) The provisions of s. 409.814(3)-(8) apply
   63  409.814(3), (4), (5), and (6) shall be applicable to the
   64  Medikids program.
   65         Section 2. Section 409.814, Florida Statutes, is amended to
   66  read:
   67         409.814 Eligibility.—A child who has not reached 19 years
   68  of age whose family income is equal to or below 200 percent of
   69  the federal poverty level is eligible for the Florida Kidcare
   70  program as provided in this section. A child who is eligible
   71  under this section must be offered the opportunity to be made
   72  presumptively eligible. For enrollment in the Children’s Medical
   73  Services Network, a complete application includes the medical or
   74  behavioral health screening. If, subsequently, an enrolled
   75  individual is determined to be ineligible for coverage, he or
   76  she must be immediately be disenrolled from the respective
   77  Florida Kidcare program component.
   78         (1) A child who is eligible for Medicaid coverage under s.
   79  409.903 or s. 409.904 must be enrolled in Medicaid and is not
   80  eligible to receive health benefits under any other health
   81  benefits coverage authorized under the Florida Kidcare program.
   82         (2) A child who is not eligible for Medicaid, but who is
   83  eligible for the Florida Kidcare program, may obtain health
   84  benefits coverage under any of the other components listed in s.
   85  409.813 if such coverage is approved and available in the county
   86  in which the child resides.
   87         (3) A Title XXI-funded child who is eligible for the
   88  Florida Kidcare program and who is a child with special health
   89  care needs, as determined through a medical or behavioral
   90  screening instrument, is eligible for health benefits coverage
   91  from and shall be assigned to and may opt out of the Children’s
   92  Medical Services Network.
   93         (4)A child who is eligible for a state-sponsored health
   94  benefit plan through a family member or guardian employed by the
   95  state and who meets the eligibility requirements for the
   96  subsidized Florida Kidcare program may enroll in the subsidized
   97  Florida Kidcare program.
   98         (5) A child who is an immigrant lawfully residing in the
   99  United States and who meets the eligibility requirements for the
  100  Florida Kidcare program may enroll in the program regardless of
  101  the child’s date of entry.
  102         (6)(4) The following children are not eligible to receive
  103  Title XXI-funded premium assistance for health benefits coverage
  104  under the Florida Kidcare program, except under Medicaid if the
  105  child would have been eligible for Medicaid under s. 409.903 or
  106  s. 409.904 as of June 1, 1997:
  107         (a)A child who is eligible for coverage under a state
  108  health benefit plan on the basis of a family member’s employment
  109  with a public agency in the state.
  110         (a)(b) A child who is covered under a family member’s group
  111  health benefit plan or under other private or employer health
  112  insurance coverage, if the cost of the child’s participation is
  113  not greater than 5 percent of the family’s income. If a child is
  114  otherwise eligible for a subsidy under the Florida Kidcare
  115  program and the cost of the child’s participation in the family
  116  member’s health insurance benefit plan is greater than 5 percent
  117  of the family’s income, the child may enroll in the appropriate
  118  subsidized Kidcare program.
  119         (b)(c) A child who is seeking premium assistance for the
  120  Florida Kidcare program through employer-sponsored group
  121  coverage, if the child has been covered by the same employer’s
  122  group coverage during the 60 days before the family submitted
  123  prior to the family’s submitting an application for
  124  determination of eligibility under the program.
  125         (d)A child who is an alien, but who does not meet the
  126  definition of qualified alien, in the United States.
  127         (c)(e) A child who is an inmate of a public institution or
  128  a patient in an institution for mental diseases.
  129         (d)(f) A child who is otherwise eligible for premium
  130  assistance for the Florida Kidcare program and has had his or
  131  her coverage in an employer-sponsored or private health benefit
  132  plan voluntarily canceled in the last 60 days, except those
  133  children whose coverage was voluntarily canceled for good cause,
  134  including, but not limited to, the following circumstances:
  135         1. The cost of participation in an employer-sponsored
  136  health benefit plan is greater than 5 percent of the family’s
  137  income;
  138         2. The parent lost a job that provided an employer
  139  sponsored health benefit plan for children;
  140         3. The parent who had health benefits coverage for the
  141  child is deceased;
  142         4. The child has a medical condition that, without medical
  143  care, would cause serious disability, loss of function, or
  144  death;
  145         5. The employer of the parent canceled health benefits
  146  coverage for children;
  147         6. The child’s health benefits coverage ended because the
  148  child reached the maximum lifetime coverage amount;
  149         7. The child has exhausted coverage under a COBRA
  150  continuation provision;
  151         8. The health benefits coverage does not cover the child’s
  152  health care needs; or
  153         9. Domestic violence led to loss of coverage.
  154         (7)(5) A child who is otherwise eligible for the Florida
  155  Kidcare program and who has a preexisting condition that
  156  prevents coverage under another insurance plan as described in
  157  paragraph (6)(a) (4)(b) which would have disqualified the child
  158  for the Florida Kidcare program if the child were able to enroll
  159  in the plan is shall be eligible for Florida Kidcare coverage
  160  when enrollment is possible.
  161         (8)(6) A child whose family income is above 200 percent of
  162  the federal poverty level or a child who is excluded under the
  163  provisions of subsection (6) (4) may participate in the Florida
  164  Kidcare program as provided in s. 409.8132 or, if the child is
  165  ineligible for Medikids by reason of age, in the Florida Healthy
  166  Kids program, subject to the following provisions:
  167         (a) The family is not eligible for premium assistance
  168  payments and must pay the full cost of the premium, including
  169  any administrative costs.
  170         (b) The board of directors of the Florida Healthy Kids
  171  Corporation may offer a reduced benefit package to these
  172  children in order to limit program costs for such families.
  173         (9)(7) Once a child is enrolled in the Florida Kidcare
  174  program, the child is eligible for coverage under the program
  175  for 12 months without a redetermination or reverification of
  176  eligibility, if the family continues to pay the applicable
  177  premium. Eligibility for program components funded through Title
  178  XXI of the Social Security Act terminates shall terminate when a
  179  child attains the age of 19. A child who has not attained the
  180  age of 5 and who has been determined eligible for the Medicaid
  181  program is eligible for coverage for 12 months without a
  182  redetermination or reverification of eligibility.
  183         (10)(8) When determining or reviewing a child’s eligibility
  184  under the Florida Kidcare program, the applicant shall be
  185  provided with reasonable notice of changes in eligibility which
  186  may affect enrollment in one or more of the program components.
  187  If When a transition from one program component to another is
  188  authorized, there shall be cooperation between the program
  189  components and the affected family which promotes continuity of
  190  health care coverage. Any authorized transfers must be managed
  191  within the program’s overall appropriated or authorized levels
  192  of funding. Each component of the program shall establish a
  193  reserve to ensure that transfers between components will be
  194  accomplished within current year appropriations. These reserves
  195  shall be reviewed by each convening of the Social Services
  196  Estimating Conference to determine the adequacy of such reserves
  197  to meet actual experience.
  198         (11)(9) In determining the eligibility of a child, an
  199  assets test is not required. Each applicant shall provide
  200  documentation during the application process and the
  201  redetermination process, including, but not limited to, the
  202  following:
  203         (a) Each applicant’s Proof of family income, which must
  204  shall be verified electronically to determine financial
  205  eligibility for the Florida Kidcare program. Written
  206  documentation, which may include wages and earnings statements
  207  or pay stubs, W-2 forms, or a copy of the applicant’s most
  208  recent federal income tax return, is shall be required only if
  209  the electronic verification is not available or does not
  210  substantiate the applicant’s income.
  211         (b) Each applicant shall provide A statement from all
  212  applicable, employed family members that:
  213         1.Their employers do not sponsor health benefit plans for
  214  employees;
  215         2. the potential enrollee is not covered by an employer
  216  sponsored health benefit plan; or
  217         3.The potential enrollee is covered by an employer
  218  sponsored health benefit plan and the cost of the employer
  219  sponsored health benefit plan is more than 5 percent of the
  220  family’s income.
  221         (12)(10) Subject to paragraph (6)(a) (4)(b), the Florida
  222  Kidcare program shall withhold benefits from an enrollee if the
  223  program obtains evidence that the enrollee is no longer
  224  eligible, submitted incorrect or fraudulent information in order
  225  to establish eligibility, or failed to provide verification of
  226  eligibility. The applicant or enrollee shall be notified that
  227  because of such evidence program benefits will be withheld
  228  unless the applicant or enrollee contacts a designated
  229  representative of the program by a specified date, which must be
  230  within 10 working days after the date of notice, to discuss and
  231  resolve the matter. The program shall make every effort to
  232  resolve the matter within a timeframe that will not cause
  233  benefits to be withheld from an eligible enrollee.
  234         (13)(11) The following individuals may be subject to
  235  prosecution in accordance with s. 414.39:
  236         (a) An applicant obtaining or attempting to obtain benefits
  237  for a potential enrollee under the Florida Kidcare program if
  238  when the applicant knows or should have known that the potential
  239  enrollee does not qualify for the Florida Kidcare program.
  240         (b) An individual who assists an applicant in obtaining or
  241  attempting to obtain benefits for a potential enrollee under the
  242  Florida Kidcare program if when the individual knows or should
  243  have known that the potential enrollee does not qualify for the
  244  Florida Kidcare program.
  245         Section 3. Paragraph (f) of subsection (2) of section
  246  409.815, Florida Statutes, is amended to read:
  247         409.815 Health benefits coverage; limitations.—
  248         (2) BENCHMARK BENEFITS.—In order for health benefits
  249  coverage to qualify for premium assistance payments for an
  250  eligible child under ss. 409.810-409.821, the health benefits
  251  coverage, except for coverage under Medicaid and Medikids, must
  252  include the following minimum benefits, as medically necessary.
  253         (f) Outpatient services.—Covered services include
  254  preventive, diagnostic, therapeutic, palliative care, and other
  255  services authorized by the enrollee’s health benefits coverage
  256  provider and provided to an enrollee in the outpatient portion
  257  of a health facility licensed under chapter 395, except for the
  258  following limitations:
  259         1.Services must be authorized by the enrollee’s health
  260  benefits coverage provider; and
  261         2.Treatment for temporomandibular joint disease (TMJ) is
  262  specifically excluded.
  263         Section 4. Subsection (3) of section 409.816, Florida
  264  Statutes, is amended to read:
  265         409.816 Limitations on premiums and cost-sharing.—The
  266  following limitations on premiums and cost-sharing are
  267  established for the program.
  268         (3) Enrollees in families with a family income above 150
  269  percent of the federal poverty level who are not receiving
  270  coverage under the Medicaid program or who are not eligible
  271  under s. 409.814(8) 409.814(6) may be required to pay enrollment
  272  fees, premiums, copayments, deductibles, coinsurance, or similar
  273  charges on a sliding scale related to income, except that the
  274  total annual aggregate cost-sharing with respect to all children
  275  in a family may not exceed 5 percent of the family’s income.
  276  However, copayments, deductibles, coinsurance, or similar
  277  charges may not be imposed for preventive services, including
  278  well-baby and well-child care, age-appropriate immunizations,
  279  and routine hearing and vision screenings.
  280         Section 5. Paragraph (b) of subsection (1) of section
  281  409.818, Florida Statutes, is amended to read:
  282         409.818 Administration.—In order to implement ss. 409.810
  283  409.821, the following agencies shall have the following duties:
  284         (1) The Department of Children and Family Services shall:
  285         (b) Establish and maintain the eligibility determination
  286  process under the program except as specified in subsection (5).
  287  The department shall directly, or through the services of a
  288  contracted third-party administrator, establish and maintain a
  289  process for determining eligibility of children for coverage
  290  under the program. The eligibility determination process must be
  291  used solely for determining eligibility of applicants for health
  292  benefits coverage under the program. The eligibility
  293  determination process must include an initial determination of
  294  eligibility for any coverage offered under the program, as well
  295  as a redetermination or reverification of eligibility each
  296  subsequent 6 months. Effective January 1, 1999, a child who has
  297  not attained the age of 5 and who has been determined eligible
  298  for the Medicaid program is eligible for coverage for 12 months
  299  without a redetermination or reverification of eligibility. In
  300  conducting an eligibility determination, the department shall
  301  determine if the child has special health care needs. The
  302  department, in consultation with the Agency for Health Care
  303  Administration and the Florida Healthy Kids Corporation, shall
  304  develop procedures for redetermining eligibility which enable a
  305  family to easily update any change in circumstances which could
  306  affect eligibility. The department may accept changes in a
  307  family’s status as reported to the department by the Florida
  308  Healthy Kids Corporation without requiring a new application
  309  from the family. Redetermination of a child’s eligibility for
  310  Medicaid may not be linked to a child’s eligibility
  311  determination for other programs.
  312         Section 6. Subsections (6) and (7) of section 409.904,
  313  Florida Statutes, are amended to read:
  314         409.904 Optional payments for eligible persons.—The agency
  315  may make payments for medical assistance and related services on
  316  behalf of the following persons who are determined to be
  317  eligible subject to the income, assets, and categorical
  318  eligibility tests set forth in federal and state law. Payment on
  319  behalf of these Medicaid eligible persons is subject to the
  320  availability of moneys and any limitations established by the
  321  General Appropriations Act or chapter 216.
  322         (6) A child who has not attained the age of 19 who has been
  323  determined eligible for the Medicaid program is deemed to be
  324  eligible for a total of 6 months, regardless of changes in
  325  circumstances other than attainment of the maximum age.
  326  Effective January 1, 1999, a child who has not attained the age
  327  of 5 and who has been determined eligible for the Medicaid
  328  program is deemed to be eligible for a total of 12 months
  329  regardless of changes in circumstances other than attainment of
  330  the maximum age. Subject to federal regulations, a child who is
  331  eligible under this subsection must be offered the opportunity
  332  to be made presumptively eligible.
  333         (7) A pregnant woman for the duration of her pregnancy and
  334  for the postpartum period as defined in federal law and rule or
  335  a child under 1 year of age who lives in a family that has an
  336  income above 185 percent of the most recently published federal
  337  poverty level, but that which is at or below 200 percent of such
  338  poverty level. In determining the eligibility of such child, an
  339  assets test is not required. An individual A child who is
  340  eligible for Medicaid under this subsection must be offered the
  341  opportunity, subject to federal rules, to be made presumptively
  342  eligible.
  343         Section 7. Paragraph (b) of subsection (5) and paragraph
  344  (a) of subsection (6) of section 624.91, Florida Statutes, are
  345  amended to read:
  346         624.91 The Florida Healthy Kids Corporation Act.—
  347         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  348         (b) The Florida Healthy Kids Corporation shall:
  349         1. Arrange for the collection of any family, local
  350  contributions, or employer payment or premium, in an amount to
  351  be determined by the board of directors, to provide for payment
  352  of premiums for comprehensive insurance coverage and for the
  353  actual or estimated administrative expenses.
  354         2. Arrange for the collection of any voluntary
  355  contributions to provide for payment of Florida Kidcare program
  356  premiums for children who are not eligible for medical
  357  assistance under Title XIX or Title XXI of the Social Security
  358  Act.
  359         3. Subject to the provisions of s. 409.8134, accept
  360  voluntary supplemental local match contributions that comply
  361  with the requirements of Title XXI of the Social Security Act
  362  for the purpose of providing additional Florida Kidcare coverage
  363  in contributing counties under Title XXI.
  364         4. Establish the administrative and accounting procedures
  365  for the operation of the corporation.
  366         5. Establish, with consultation from appropriate
  367  professional organizations, standards for preventive health
  368  services and providers and comprehensive insurance benefits
  369  appropriate to children if, provided that such standards for
  370  rural areas do shall not limit primary care providers to board
  371  certified pediatricians.
  372         6. Determine eligibility for children seeking to
  373  participate in the Title XXI-funded components of the Florida
  374  Kidcare program consistent with the requirements specified in s.
  375  409.814, as well as the non-Title-XXI-eligible children as
  376  provided in subsection (3).
  377         7. Establish procedures under which providers of local
  378  match to, applicants to, and participants in the program may
  379  have grievances reviewed by an impartial body and reported to
  380  the board of directors of the corporation.
  381         8. Establish participation criteria and, if appropriate,
  382  contract with an authorized insurer, health maintenance
  383  organization, or third-party administrator to provide
  384  administrative services to the corporation.
  385         9. Establish enrollment criteria that include penalties or
  386  30-day waiting periods of 30 days for reinstatement of coverage
  387  upon voluntary cancellation for nonpayment of family premiums.
  388         10. Contract with authorized insurers or providers any
  389  provider of health care services, who meet meeting standards
  390  established by the corporation, for the provision of
  391  comprehensive insurance coverage to participants. Such standards
  392  must shall include criteria under which the corporation may
  393  contract with more than one provider of health care services in
  394  program sites. Health plans shall be selected through a
  395  competitive bid process. The Florida Healthy Kids Corporation
  396  shall purchase goods and services in the most cost-effective
  397  manner consistent with the delivery of quality medical care. The
  398  maximum administrative cost for a Florida Healthy Kids
  399  Corporation contract is shall be 15 percent. For health care
  400  contracts, the minimum medical loss ratio for a Florida Healthy
  401  Kids Corporation contract is shall be 85 percent. For dental
  402  contracts, the remaining compensation to be paid to the
  403  authorized insurer or provider must be at least under a Florida
  404  Healthy Kids Corporation contract shall be no less than an
  405  amount which is 85 percent of the premium; to the extent any
  406  contract provision does not provide for this minimum
  407  compensation, this section prevails shall prevail. The health
  408  plan selection criteria and scoring system, and the scoring
  409  results, must shall be available upon request for inspection
  410  after the bids have been awarded.
  411         11. Establish disenrollment criteria if in the event local
  412  matching funds are insufficient to cover enrollments.
  413         12. Develop and implement a plan to publicize the Florida
  414  Kidcare program, the eligibility requirements of the program,
  415  and the procedures for enrollment in the program and to maintain
  416  public awareness of the corporation and the program.
  417         13. Secure staff necessary to properly administer the
  418  corporation. Staff costs shall be funded from state and local
  419  matching funds and such other private or public funds as become
  420  available. The board of directors shall determine the number of
  421  staff members necessary to administer the corporation.
  422         14. In consultation with the partner agencies, provide a
  423  report on the Florida Kidcare program annually to the Governor,
  424  the Chief Financial Officer, the Commissioner of Education, the
  425  President of the Senate, the Speaker of the House of
  426  Representatives, and the Minority Leaders of the Senate and the
  427  House of Representatives.
  428         15. Provide information on a quarterly basis to the
  429  Legislature and the Governor which compares the costs and
  430  utilization of the full-pay enrolled population and the Title
  431  XXI-subsidized enrolled population in the Florida Kidcare
  432  program. The information, At a minimum, the information must
  433  include:
  434         a. The monthly enrollment and expenditure for full-pay
  435  enrollees in the Medikids and Florida Healthy Kids programs
  436  compared to the Title XXI-subsidized enrolled population; and
  437         b. The costs and utilization by service of the full-pay
  438  enrollees in the Medikids and Florida Healthy Kids programs and
  439  the Title XXI-subsidized enrolled population.
  440  
  441  By February 1, 2010, the Florida Healthy Kids Corporation shall
  442  provide a study to the Legislature and the Governor on premium
  443  impacts to the subsidized portion of the program from the
  444  inclusion of the full-pay program, which shall include
  445  recommendations on how to eliminate or mitigate possible impacts
  446  to the subsidized premiums.
  447         16. Establish benefit packages that conform to the
  448  provisions of the Florida Kidcare program, as created in ss.
  449  409.810-409.821.
  450         (6) BOARD OF DIRECTORS.—
  451         (a) The Florida Healthy Kids Corporation is shall operate
  452  subject to the supervision and approval of a board of directors
  453  chaired by the Chief Financial Officer or her or his designee,
  454  and composed of 12 11 other members selected for 3-year terms of
  455  office as follows:
  456         1. The Secretary of Health Care Administration, or his or
  457  her designee.
  458         2. One member, appointed by the Commissioner of Education,
  459  from the Office of School Health Programs of the Florida
  460  Department of Education.
  461         3. One member, appointed by the Chief Financial Officer,
  462  from among three members nominated by the Florida Pediatric
  463  Society.
  464         4. One member, appointed by the Governor, who represents
  465  the Children’s Medical Services Program.
  466         5. One member, appointed by the Chief Financial Officer
  467  from among three members nominated by the Florida Hospital
  468  Association.
  469         6. One member, appointed by the Governor, who is an expert
  470  on child health policy.
  471         7. One member, appointed by the Chief Financial Officer,
  472  from among three members nominated by the Florida Academy of
  473  Family Physicians.
  474         8. One member, appointed by the Governor, who represents
  475  the state Medicaid program.
  476         9. One member, appointed by the Chief Financial Officer,
  477  from among three members nominated by the Florida Association of
  478  Counties.
  479         10. The State Health Officer, or her or his designee.
  480         11. The Secretary of Children and Family Services, or his
  481  or her designee.
  482         12.One member, appointed by the Governor, from among three
  483  members nominated by the Florida Dental Association.
  484         Section 8. Subject to appropriation, the Agency for Health
  485  Care Administration shall implement the federal Family
  486  Opportunity Act, ss. 6062-6071 of the Deficit Reduction Act of
  487  2005, to allow families whose income is up to 300 percent of the
  488  federal poverty level to buy Medicaid coverage for their
  489  disabled children.
  490         Section 9. This act shall take effect October 1, 2011.