Senate Bill sb0416

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    Florida Senate - 2001                                   SB 416

    By the Committee on Health, Aging and Long-Term Care





    317-273-01

  1                      A bill to be entitled

  2         An act relating to Medicaid; amending s.

  3         409.904, F.S.; establishing the medically needy

  4         income level; providing for the annual increase

  5         of the medically needy income level; amending

  6         s. 409.914, F.S.; amending procedures relating

  7         to the Medicaid buy-in program to provide

  8         medical assistance to a specified category of

  9         individuals; amending criteria of eligibility

10         for the buy-in program; allowing the Agency for

11         Health Care Administration to apply for federal

12         waivers to ensure that the buy-in program

13         operates within specified constraints;

14         providing legislative intent; directing the

15         agency to seek approval from the Health Care

16         Financing Administration of a specified

17         methodology for calculating medical expenses

18         under the medically needy program; providing an

19         effective date.

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

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23         Section 1.  Subsection (2) of section 409.904, Florida

24  Statutes, is amended to read:

25         409.904  Optional payments for eligible persons.--The

26  agency may make payments for medical assistance and related

27  services on behalf of the following persons who are determined

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

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

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

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    Florida Senate - 2001                                   SB 416
    317-273-01




  1  availability of moneys and any limitations established by the

  2  General Appropriations Act or chapter 216.

  3         (2)  A family, a pregnant woman, a child under age 18,

  4  a person age 65 or over, or a blind or disabled person who

  5  would be eligible under any group listed in s. 409.903(1),

  6  (2), or (3), except that the income or assets of such family

  7  or person exceed established limitations. The medically needy

  8  income level is 133-1/3 percent of the income limit used for

  9  the persons described in s. 409.903(1). For a family or person

10  in this group, medical expenses are deductible from income in

11  accordance with federal requirements in order to make a

12  determination of eligibility.  A family or person in this

13  group, which group is known as the "medically needy," is

14  eligible to receive the same services as other Medicaid

15  recipients, with the exception of services in skilled nursing

16  facilities and intermediate care facilities for the

17  developmentally disabled. Annually, beginning July 1, 2002,

18  the Department of Children and Family Services shall increase

19  the medically needy income level by the amount of the

20  "consumer price index for all urban consumers" for that year,

21  as published by the Bureau of Labor Statistics of the United

22  States Department of Labor.

23         Section 2.  Subsection (2) of section 409.914, Florida

24  Statutes, is amended to read:

25         409.914  Assistance for the uninsured.--

26         (2)(a)  The agency shall seek federal statutory or

27  regulatory reforms to establish a Medicaid buy-in program to

28  provide medical assistance to disabled Medicaid recipients

29  who, after at least 6 months of Medicaid eligibility, become

30  persons ineligible for Medicaid because of increased current

31  income obtained from gainful employment and categorical

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    Florida Senate - 2001                                   SB 416
    317-273-01




  1  restrictions. The agency shall develop use funds provided by

  2  the Robert Wood Johnson Foundation to assist in developing the

  3  buy-in program, including, but not limited to, the

  4  determination of eligibility and service coverages;

  5  cost-sharing cost sharing requirements; managed-care managed

  6  care provisions; changes needed to the Medicaid program's

  7  claims processing, utilization control, cost control, case

  8  management, and provider enrollment systems to operate a

  9  buy-in program. The agency may apply for federal waivers

10  necessary to ensure that the buy-in program operates within

11  existing general revenue and is limited to individuals who

12  would otherwise remain unemployed and on Medicaid.

13         (b)  The agency shall seek federal authorization and

14  financial support for a buy-in program that provides federally

15  supported medical assistance coverage for persons with incomes

16  up to 250 percent of the federal poverty level. The agency

17  shall not implement the Medicaid buy-in program until it has

18  received necessary federal authorization and financial

19  participation and state appropriations.

20         Section 3.  It is the intent of the Legislature to

21  reduce the repetitive nature and complexity of the application

22  process for the medically needy program authorized under

23  section 490.904(2), Florida Statutes. The Legislature

24  therefore directs the Agency for Health Care Administration

25  and the Department of Children and Family Services, by January

26  1, 2002, to seek from the Health Care Financing Administration

27  approval to use a methodology for calculating medical expenses

28  under the medically needy program which allows the department,

29  upon certification by a physician that the applicant suffers

30  from a chronic condition and that the individual's medical

31  expenses are likely to remain constant, to prospectively

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    Florida Senate - 2001                                   SB 416
    317-273-01




  1  assume that the amount of the individual's medical expenses

  2  for the subsequent 6 months will remain equal to the amount of

  3  such expenses for the previous 6 months.

  4         Section 4.  This act shall take effect upon becoming a

  5  law.

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  7            *****************************************

  8                          SENATE SUMMARY

  9    Establishes the medically needy income level and provides
      for basing an annual increase in that level on the
10    federally published consumer price index for all urban
      consumers. Amends procedures relating to the Medicaid
11    buy-in program to provide medical assistance to a
      specified category of individuals. Amends the criteria of
12    eligibility for the buy-in program. Authorizes the Agency
      for Health Care Administration to apply for federal
13    waivers to ensure that the buy-in program operates within
      specified constraints. Provides legislative intent to
14    reduce the repetitiveness and complexity of applying for
      the medically needy program. Directs the agency to seek
15    from the Health Care Financing Administration approval to
      use a specified methodology for calculating medical
16    expenses under the medically needy program.

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