House Bill 2267

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    Florida House of Representatives - 1999                HB 2267

        By Representative Albright






  1                      A bill to be entitled

  2         An act relating to children's health; amending

  3         s. 409.8132, F.S.; removing applicability of

  4         Medicaid third-party liability requirements to

  5         the Medikids program; revising Medikids

  6         eligibility; authorizing the Agency for Health

  7         Care Administration to implement mandatory

  8         assignment of certain Medikids applicants;

  9         removing a special enrollment period for

10         eligible newborns; amending s. 409.815, F.S.;

11         creating a Kidcare dental program, subject to

12         annual appropriation; providing requirements;

13         amending s. 409.904, F.S.; providing continuous

14         eligibility of children for Medicaid; revising

15         the Medicaid family income limitation for

16         eligibility of a child under 1 year of age;

17         providing presumptive eligibility of children

18         for Medicaid; amending s. 624.91, F.S.;

19         authorizing the Florida Healthy Kids

20         Corporation to reduce or waive local match

21         requirements under certain circumstances;

22         authorizing the agency to automate processing

23         of Title XXI applications and eligibility

24         determinations; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsections (4), (7), and (8) and paragraph

29  (a) of subsection (6) of section 409.8132, Florida Statutes,

30  1998 Supplement, are amended to read:

31         409.8132  Medikids program component.--

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    Florida House of Representatives - 1999                HB 2267

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  1         (4)  APPLICABILITY OF LAWS RELATING TO MEDICAID.--The

  2  provisions of ss. 409.902, 409.905, 409.906, 409.907, 409.908,

  3  409.910, 409.912, 409.9121, 409.9122, 409.9123, 409.9124,

  4  409.9127, 409.9128, 409.913, 409.916, 409.919, 409.920, and

  5  409.9205 apply to the administration of the Medikids program

  6  component of the Florida Kidcare program, except that s.

  7  409.9122 applies to Medikids as modified by the provisions of

  8  subsection (7).

  9         (6)  ELIGIBILITY.--

10         (a)  A child who has attained the age of 1 year but who

11  is under the age of 5 years is eligible to enroll in the

12  Medikids program component of the Florida Kidcare program, if

13  the child is a member of a family that has a family income

14  which exceeds the Medicaid applicable income level as

15  specified in s. 409.903, but which is equal to or below 200

16  percent of the current federal poverty level.  In determining

17  the eligibility of such a child, an assets test is not

18  required. A child who is eligible for Medikids may elect to

19  enroll in Florida Healthy Kids coverage or employer-sponsored

20  group coverage.  However, a child who is eligible for Medikids

21  may participate in the Florida Healthy Kids program only if

22  the child has a sibling participating in the Florida Healthy

23  Kids program and the child's county of residence permits such

24  enrollment.

25         (7)  ENROLLMENT.--Enrollment in the Medikids program

26  component may only occur during periodic open enrollment

27  periods as specified by the agency. During the first 12 months

28  of the program, there shall be at least one, but no more than

29  three, open enrollment periods. The initial open enrollment

30  period shall be for 90 days, and subsequent open enrollment

31  periods during the first year of operation of the program

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    Florida House of Representatives - 1999                HB 2267

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  1  shall be for 30 days. After the first year of the program, the

  2  agency shall determine the frequency and duration of open

  3  enrollment periods. An applicant may apply for enrollment in

  4  the Medikids program component and proceed through the

  5  eligibility determination process at any time throughout the

  6  year. However, enrollment in Medikids shall not begin until

  7  the next open enrollment period; and a child may not receive

  8  services under the Medikids program until the child is

  9  enrolled in a managed care plan or MediPass. In addition, once

10  determined eligible, an applicant may receive choice

11  counseling and select a managed care plan or MediPass. An

12  applicant may select MediPass under the Medikids program

13  component only in counties that have fewer than two managed

14  care plans available to serve Medicaid recipients and only if

15  the federal Health Care Financing Administration determines

16  that MediPass constitutes "health insurance coverage" as

17  defined in Title XXI of the Social Security Act. The agency

18  may implement procedures for the mandatory assignment of

19  Medikids applicants who do not make a voluntary choice of a

20  managed care plan or MediPass. In counties with two or more

21  managed care plans, assignment shall be made among managed

22  care plans. In counties with fewer than two managed care

23  plans, assignment shall be made based on existing Medicaid

24  assignment procedures.

25         (8)  SPECIAL ENROLLMENT PERIODS.--The agency shall

26  establish a special enrollment period of 30 days' duration for

27  any newborn child who is eligible for Medikids, or for any

28  child who is enrolled in Medicaid if such child loses Medicaid

29  eligibility and becomes eligible for Medikids, or for any

30  child who is enrolled in Medikids if such child moves to

31

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    Florida House of Representatives - 1999                HB 2267

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  1  another county that is not within the coverage area of the

  2  child's Medikids managed care plan or MediPass provider.

  3         Section 2.  Subsection (3) is added to section 409.815,

  4  Florida Statutes, 1998 Supplement, to read:

  5         409.815  Health benefits coverage; limitations.--

  6         (3)  KIDCARE DENTAL PROGRAM.--A Kidcare dental program

  7  is created for children eligible for the Florida Kidcare

  8  program as created under ss. 409.810-409.820, except for those

  9  children eligible under Medicaid and Medikids. The agency

10  shall develop and administer the Kidcare dental program. Under

11  the Kidcare dental program:

12         (a)  Dental benefits must include the same services

13  specified in s. 409.906(6), excluding orthodontics.

14         (b)  Dental providers must be enrolled in the Medicaid

15  program and are to be reimbursed using Medicaid

16  fee-for-service rates.

17         (c)  The agency shall designate a limited number of

18  sites and a limited number of children to participate in the

19  dental program, using the following criteria:

20         1.  Sites selected for the program must comply with the

21  quality assurance and access standards developed under s.

22  409.820 and selection as a site must be a condition of program

23  participation. No more than three counties may be selected as

24  sites for the implementation of the program; and

25         2.  Enrollment for the entire program may not exceed

26  1,000 children.

27

28  Implementation of the Kidcare dental program is subject to an

29  annual appropriation for that specific purpose and may not

30  result in a decrease in the total number of children served

31  under the program from the previous fiscal year. The agency

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    Florida House of Representatives - 1999                HB 2267

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  1  shall include in the report required under s. 409.8177 an

  2  evaluation of the Kidcare dental program. This subsection

  3  expires December 31, 2001.

  4         Section 3.  Subsection (7) of section 409.904, Florida

  5  Statutes, 1998 Supplement, is amended, and subsections (8) and

  6  (9) are added to said section, to read:

  7         409.904  Optional payments for eligible persons.--The

  8  agency may make payments for medical assistance and related

  9  services on behalf of the following persons who are determined

10  to be eligible subject to the income, assets, and categorical

11  eligibility tests set forth in federal and state law.  Payment

12  on behalf of these Medicaid eligible persons is subject to the

13  availability of moneys and any limitations established by the

14  General Appropriations Act or chapter 216.

15         (7)  A child who has not attained the age of 19 who has

16  been determined eligible for the Medicaid program is deemed to

17  be eligible for a total of 12 6 months, regardless of changes

18  in circumstances other than attainment of the maximum age.

19  Effective January 1, 1999, a child who has not attained the

20  age of 5 and who has been determined eligible for the Medicaid

21  program is deemed to be eligible for a total of 12 months

22  regardless of changes in circumstances other than attainment

23  of the maximum age.

24         (8)  A child who has not attained the age of 1 year,

25  living in a family that has an income which is above 185

26  percent of the most recently published federal poverty level,

27  but which is at or below 200 percent of such poverty level. In

28  determining the eligibility of such a child, an assets test

29  shall not be required.

30         (9)  A child who has not attained the age of 19 years

31  who applies for eligibility for the Medicaid program through a

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    Florida House of Representatives - 1999                HB 2267

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  1  qualified Medicaid provider must be offered the opportunity,

  2  subject to federal regulations, to be made presumptively

  3  eligible for the Medicaid program.

  4         Section 4.  Paragraph (b) of subsection (4) of section

  5  624.91, Florida Statutes, 1998 Supplement, is amended to read:

  6         624.91  The Florida Healthy Kids Corporation Act.--

  7         (4)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

  8         (b)  The Florida Healthy Kids Corporation shall phase

  9  in a program to:

10         1.  Organize school children groups to facilitate the

11  provision of comprehensive health insurance coverage to

12  children;

13         2.  Arrange for the collection of any family, local

14  contributions, or employer payment or premium, in an amount to

15  be determined by the board of directors, to provide for

16  payment of premiums for comprehensive insurance coverage and

17  for the actual or estimated administrative expenses;

18         3.  Establish the administrative and accounting

19  procedures for the operation of the corporation;

20         4.  Establish, with consultation from appropriate

21  professional organizations, standards for preventive health

22  services and providers and comprehensive insurance benefits

23  appropriate to children; provided that such standards for

24  rural areas shall not limit primary care providers to

25  board-certified pediatricians;

26         5.  Establish eligibility criteria which children must

27  meet in order to participate in the program;

28         6.  Establish procedures under which applicants to and

29  participants in the program may have grievances reviewed by an

30  impartial body and reported to the board of directors of the

31  corporation;

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    Florida House of Representatives - 1999                HB 2267

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  1         7.  Establish participation criteria and, if

  2  appropriate, contract with an authorized insurer, health

  3  maintenance organization, or insurance administrator to

  4  provide administrative services to the corporation;

  5         8.  Establish enrollment criteria which shall include

  6  penalties or waiting periods of not fewer than 60 days for

  7  reinstatement of coverage upon voluntary cancellation for

  8  nonpayment of family premiums;

  9         9.  If a space is available, establish a special open

10  enrollment period of 30 days' duration for any child who is

11  enrolled in Medicaid or Medikids if such child loses Medicaid

12  or Medikids eligibility and becomes eligible for the Florida

13  Healthy Kids program;

14         10.  Contract with authorized insurers or any provider

15  of health care services, meeting standards established by the

16  corporation, for the provision of comprehensive insurance

17  coverage to participants.  Such standards shall include

18  criteria under which the corporation may contract with more

19  than one provider of health care services in program sites.

20  Health plans shall be selected through a competitive bid

21  process. The selection of health plans shall be based

22  primarily on quality criteria established by the board. The

23  health plan selection criteria and scoring system, and the

24  scoring results, shall be available upon request for

25  inspection after the bids have been awarded;

26         11.  Develop and implement a plan to publicize the

27  Florida Healthy Kids Corporation, the eligibility requirements

28  of the program, and the procedures for enrollment in the

29  program and to maintain public awareness of the corporation

30  and the program;

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    Florida House of Representatives - 1999                HB 2267

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  1         12.  Secure staff necessary to properly administer the

  2  corporation. Staff costs shall be funded from state and local

  3  matching funds and such other private or public funds as

  4  become available. The corporation shall reduce or waive local

  5  match requirements, provided funds are designated for this

  6  purpose in the General Appropriations Act.  The board of

  7  directors shall determine the number of staff members

  8  necessary to administer the corporation;

  9         13.  As appropriate, enter into contracts with local

10  school boards or other agencies to provide onsite information,

11  enrollment, and other services necessary to the operation of

12  the corporation;

13         14.  Provide a report on an annual basis to the

14  Governor, Insurance Commissioner, Commissioner of Education,

15  Senate President, Speaker of the House of Representatives, and

16  Minority Leaders of the Senate and the House of

17  Representatives;

18         15.  Each fiscal year, establish a maximum number of

19  participants by county, on a statewide basis, who may enroll

20  in the program without the benefit of local matching funds.

21  Thereafter, the corporation may establish local matching

22  requirements for supplemental participation in the program.

23  The corporation may vary local matching requirements and

24  enrollment by county depending on factors which may influence

25  the generation of local match, including, but not limited to,

26  population density, per capita income, existing local tax

27  effort, and other factors. The corporation also may accept

28  in-kind match in lieu of cash for the local match requirement

29  to the extent allowed by Title XXI of the Social Security Act.

30  The corporation shall reduce or waive local match

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    Florida House of Representatives - 1999                HB 2267

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  1  requirements, provided funds are designated for this purpose

  2  in the General Appropriations Act; and

  3         16.  Establish eligibility criteria, premium and

  4  cost-sharing requirements, and benefit packages which conform

  5  to the provisions of the Florida Kidcare program, as created

  6  in ss. 409.810-409.820.

  7         Section 5.  The Agency for Health Care Administration,

  8  in conjunction with the Department of Children and Family

  9  Services, is authorized to implement the automation of the

10  processing of applications and determinations of eligibility

11  for services under Title XXI of the Social Security Act.

12         Section 6.  This act shall take effect July 1, 1999.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Deletes a provision that makes Medicaid third-party
17    liability requirements applicable to the Medikids
      program. Removes Medikids eligibility for children under
18    1 year of age. Authorizes the Agency for Health Care
      Administration to implement certain procedures for
19    mandatory assignment of Medikids applicants who do not
      make a voluntary choice of a managed care plan or
20    MediPass. Authorizes the agency to implement a Kidcare
      dental program, subject to annual appropriation, and
21    provides requirements therefor. Provides continuous
      eligibility of children for Medicaid, and provides
22    presumptive eligibility. Raises from 185 percent to 200
      percent of federal poverty level the family income
23    ceiling for Medicaid eligibility of a child under 1 year
      of age. Authorizes the Florida Healthy Kids Corporation
24    to reduce or waive local match requirements for staff
      costs and supplemental participation in the program, if
25    funds are designated for these purposes in the General
      Appropriations Act. Authorizes the agency, in conjunction
26    with the Department of Children and Family Services, to
      automate processing of applications and eligibility
27    determinations under Title XXI of the Social Security
      Act.
28

29

30

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