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The Florida Senate

2015 Florida Statutes

F.S. 409.8132
409.8132 Medikids program component.
(1) PROGRAM COMPONENT CREATED; PURPOSE.The Medikids program component is created in the Agency for Health Care Administration to provide health care services under the Florida Kidcare program to eligible children using the administrative structure and provider network of the Medicaid program.
(2) ADMINISTRATION.The secretary of the agency shall appoint an administrator of the Medikids program component. The Agency for Health Care Administration is designated as the state agency authorized to make payments for medical assistance and related services for the Medikids program component of the Florida Kidcare program. Payments shall be made, subject to any limitations or directions in the General Appropriations Act, only for covered services provided to eligible children by qualified health care providers under the Florida Kidcare program.
(3) INSURANCE LICENSURE NOT REQUIRED.The Medikids program component shall not be subject to the licensing requirements of the Florida Insurance Code or rules adopted thereunder.
1(4) APPLICABILITY OF LAWS RELATING TO MEDICAID.The provisions of ss. 409.902, 409.905, 409.906, 409.907, 409.908, 409.912, 409.9121, 409.9122, 409.9123, 409.9124, 409.9127, 409.9128, 409.913, 409.916, 409.919, 409.920, and 409.9205 apply to the administration of the Medikids program component of the Florida Kidcare program, except that s. 409.9122 applies to Medikids as modified by the provisions of subsection (7).
(5) BENEFITS.Benefits provided under the Medikids program component shall be the same benefits provided to children as specified in ss. 409.905 and 409.906.
(a) A child who has attained the age of 1 year but who is under the age of 5 years is eligible to enroll in the Medikids program component of the Florida Kidcare program, if the child is a member of a family that has a family income which exceeds the Medicaid applicable income level as specified in s. 409.903, but which is equal to or below 200 percent of the current federal poverty level. In determining the eligibility of such a child, an assets test is not required. A child who is eligible for Medikids may elect to enroll in Florida Healthy Kids coverage or employer-sponsored group coverage. However, a child who is eligible for Medikids may participate in the Florida Healthy Kids program only if the child has a sibling participating in the Florida Healthy Kids program and the child’s county of residence permits such enrollment.
(b) The provisions of s. 409.814 apply to the Medikids program.
(7) ENROLLMENT.Enrollment in the Medikids program component may occur at any time throughout the year. A child may not receive services under the Medikids program until the child is enrolled in a managed care plan or MediPass. Once determined eligible, an applicant may receive choice counseling and select a managed care plan or MediPass. The agency may initiate mandatory assignment for a Medikids applicant who has not chosen a managed care plan or MediPass provider after the applicant’s voluntary choice period ends. An applicant may select MediPass under the Medikids program component only in counties that have fewer than two managed care plans available to serve Medicaid recipients and only if the federal Health Care Financing Administration determines that MediPass constitutes “health insurance coverage” as defined in Title XXI of the Social Security Act.
(8) PENALTIES FOR VOLUNTARY CANCELLATION.The agency shall establish enrollment criteria that include penalties or waiting periods of 30 days for reinstatement of coverage upon voluntary cancellation for nonpayment of premiums. 36, 57, ch. 98-288; s. 2, ch. 2000-253; s. 18, ch. 2000-305; s. 13, ch. 2002-400; s. 446, ch. 2003-261; s. 22, ch. 2003-405; s. 2, ch. 2004-1; s. 1, ch. 2005-123; s. 5, ch. 2009-113; s. 2, ch. 2012-33; s. 4, ch. 2015-225.
1Note.Section 17, ch. 2015-225, provides that “[t]he Legislature has determined that this act, including the document titled ‘Medicaid Hospital Funding Programs,’ together with the specific appropriations contained in the fiscal year 2015-2016 General Appropriations Act for the Rural Hospital Financial Assistance Program, Hospital Inpatient Services, Hospital Outpatient Services, Low-Income Pool, the Disproportionate Share Hospital Program, Graduate Medical Education, and Prepaid Health Plans, are interdependent and interrelated, are directly and rationally related to the overall purposes of the state’s Medicaid program, and are advisable only if considered together and balanced when allocating the state’s resources, especially considering the complexities of Florida’s Statewide Medicaid Managed Care program; how hospital rates are determined in the marketplace, including Medicaid; how the individual component Medicaid appropriations impact the rates Florida’s Medicaid managed care entities pay for services; and the large amounts of uncompensated care provided by Florida’s Medicaid hospital service providers and the relative potential impact of that uncompensated care on the overall economic viability of those institutions. If this act, or any portion of this act, including the document titled ‘Medicaid Hospital Funding Programs,’ or any portion thereof, is determined to be unconstitutional or the applicability thereof to any person or circumstance is held invalid, then: (1) such determination shall render all other provisions or applications of this act invalid; (2) the provisions of this act are not severable; and (3) this entire act shall be deemed never to have become law. This section expires July 1, 2016.”