Senate Bill sb2166

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    Florida Senate - 2002                                  SB 2166

    By Senator Dawson





    30-1585-02

  1                      A bill to be entitled

  2         An act relating to the Agency for Health Care

  3         Administration; repealing s. 1 of ch. 2001-377,

  4         Laws of Florida; abrogating the repeal of s.

  5         409.904(11), F.S., which provides eligibility

  6         of specified persons for certain optional

  7         medical assistance; amending s. 409.904, F.S.;

  8         revising standards for eligibility for certain

  9         optional medical assistance; amending s.

10         409.906, F.S.; revising guidelines for payment

11         for certain services; revising eligibility for

12         certain Medicaid services; amending s.

13         409.9065, F.S.; eliminating certain limitations

14         on enrollment levels with respect to assistance

15         for pharmaceutical expenses; amending s.

16         409.815, F.S., relating to benchmark benefits;

17         conforming a cross-reference to changes made by

18         the act; providing an effective date.

19

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

21

22         Section 1.  Section 1 of chapter 2001-377, Laws of

23  Florida, is repealed.

24         Section 2.  Subsections (1) and (2) of section 409.904,

25  Florida Statutes, as amended by section 2 of chapter 2001-377,

26  Laws of Florida, are amended to read:

27         409.904  Optional payments for eligible persons.--The

28  agency may make payments for medical assistance and related

29  services on behalf of the following persons who are determined

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

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

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    Florida Senate - 2002                                  SB 2166
    30-1585-02




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

  2  availability of moneys and any limitations established by the

  3  General Appropriations Act or chapter 216.

  4         (1)  A person who is age 65 or older or is determined

  5  to be disabled, whose income is at or below 100 88 percent of

  6  federal poverty level, and whose assets do not exceed

  7  established limitations.

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

  9  18, a person age 65 or over, or a blind or disabled person who

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

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

12  or person exceed established limitations. A pregnant woman who

13  would otherwise qualify for Medicaid under s. 409.903(5)

14  except for her level of income and whose assets fall within

15  the limits established by the Department of Children and

16  Family Services for the medically needy.  A pregnant woman who

17  applies for medically needy eligibility may not be made

18  presumptively eligible.

19         (b)  A child under age 21 who would otherwise qualify

20  for Medicaid or the Florida Kidcare program except for the

21  family's level of income and whose assets fall within the

22  limits established by the Department of Children and Family

23  Services for the medically needy.

24

25  For a family or person in this group, medical expenses are

26  deductible from income in accordance with federal requirements

27  in order to make a determination of eligibility.  A family or

28  person in this group, which group is known as the "medically

29  needy," is eligible to receive the same services as other

30  Medicaid recipients, with the exception of services in skilled

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    Florida Senate - 2002                                  SB 2166
    30-1585-02




  1  nursing facilities and intermediate care facilities for the

  2  developmentally disabled.

  3         Section 3.  Subsections (1), (12), (13), and (23) of

  4  section 409.906, Florida Statutes, as amended by sections 3

  5  and 4 of chapter 2001-377, Laws of Florida, are amended to

  6  read:

  7         409.906  Optional Medicaid services.--Subject to

  8  specific appropriations, the agency may make payments for

  9  services which are optional to the state under Title XIX of

10  the Social Security Act and are furnished by Medicaid

11  providers to recipients who are determined to be eligible on

12  the dates on which the services were provided.  Any optional

13  service that is provided shall be provided only when medically

14  necessary and in accordance with state and federal law.

15  Optional services rendered by providers in mobile units to

16  Medicaid recipients may be restricted or prohibited by the

17  agency. Nothing in this section shall be construed to prevent

18  or limit the agency from adjusting fees, reimbursement rates,

19  lengths of stay, number of visits, or number of services, or

20  making any other adjustments necessary to comply with the

21  availability of moneys and any limitations or directions

22  provided for in the General Appropriations Act or chapter 216.

23  If necessary to safeguard the state's systems of providing

24  services to elderly and disabled persons and subject to the

25  notice and review provisions of s. 216.177, the Governor may

26  direct the Agency for Health Care Administration to amend the

27  Medicaid state plan to delete the optional Medicaid service

28  known as "Intermediate Care Facilities for the Developmentally

29  Disabled."  Optional services may include:

30         (1)  ADULT DENTURE SERVICES.--The agency may pay for

31  dentures, the procedures required to seat dentures, and the

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    Florida Senate - 2002                                  SB 2166
    30-1585-02




  1  repair and reline of dentures, provided by or under the

  2  direction of a licensed dentist, for a recipient who is age 21

  3  or older. However, Medicaid will not provide reimbursement for

  4  dental services provided in a mobile dental unit, except for a

  5  mobile dental unit:

  6         (a)  Owned by, operated by, or having a contractual

  7  agreement with the Department of Health and complying with

  8  Medicaid's county health department clinic services program

  9  specifications as a county health department clinic services

10  provider.

11         (b)  Owned by, operated by, or having a contractual

12  arrangement with a federally qualified health center and

13  complying with Medicaid's federally qualified health center

14  specifications as a federally qualified health center

15  provider.

16         (c)  Rendering dental services to Medicaid recipients,

17  21 years of age and older, at nursing facilities.

18         (d)  Owned by, operated by, or having a contractual

19  agreement with a state-approved dental educational

20  institution.

21         (e)  This subsection is repealed July 1, 2002.

22         (12)  CHILDREN'S HEARING SERVICES.--The agency may pay

23  for hearing and related services, including hearing

24  evaluations, hearing aid devices, dispensing of the hearing

25  aid, and related repairs, if provided to a recipient under age

26  21 by a licensed hearing aid specialist, otolaryngologist,

27  otologist, audiologist, or physician.

28         (13)  HOME AND COMMUNITY-BASED SERVICES.--The agency

29  may pay for home-based or community-based services that are

30  rendered to a recipient in accordance with a federally

31  approved waiver program. The agency may limit or eliminate

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    Florida Senate - 2002                                  SB 2166
    30-1585-02




  1  coverage for certain Project AIDS Care Waiver services,

  2  preauthorize high-cost or highly utilized services, or make

  3  any other adjustments necessary to comply with any limitations

  4  or directions provided for in the General Appropriations Act.

  5         (23)  CHILDREN'S VISUAL SERVICES.--The agency may pay

  6  for visual examinations, eyeglasses, and eyeglass repairs for

  7  a recipient under age 21, if they are prescribed by a licensed

  8  physician specializing in diseases of the eye or by a licensed

  9  optometrist.

10         Section 4.  Subsections (3) and (5) of section

11  409.9065, Florida Statutes, as amended by section 5 of chapter

12  2001-377, Laws of Florida, are amended to read:

13         409.9065  Pharmaceutical expense assistance.--

14         (3)  BENEFITS.--Medications covered under the

15  pharmaceutical expense assistance program are those covered

16  under the Medicaid program in s. 409.906(20) s. 409.906(19).

17  Monthly benefit payments shall be limited to $80 per program

18  participant. Participants are required to make a 10-percent

19  coinsurance payment for each prescription purchased through

20  this program.

21         (5)  NONENTITLEMENT.--The pharmaceutical expense

22  assistance program established by this section is not an

23  entitlement. Enrollment levels are limited to those authorized

24  by the Legislature in the annual General Appropriations Act.

25  If funds are insufficient to serve all individuals eligible

26  under subsection (2) and seeking coverage, the agency may

27  develop a waiting list based on application dates to use in

28  enrolling individuals in unfilled enrollment slots.

29         Section 5.  Paragraph (q) of subsection (2) of section

30  409.815, Florida Statutes, as amended by section 19 of chapter

31  2001-377, Laws of Florida, is amended to read:

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    Florida Senate - 2002                                  SB 2166
    30-1585-02




  1         409.815  Health benefits coverage; limitations.--

  2         (2)  BENCHMARK BENEFITS.--In order for health benefits

  3  coverage to qualify for premium assistance payments for an

  4  eligible child under ss. 409.810-409.820, the health benefits

  5  coverage, except for coverage under Medicaid and Medikids,

  6  must include the following minimum benefits, as medically

  7  necessary.

  8         (q)  Dental services.--Subject to a specific

  9  appropriation for this benefit, covered services include those

10  dental services provided to children by the Florida Medicaid

11  program under s. 409.906(6) s. 409.906(5).

12         Section 6.  This act shall take effect July 1, 2002.

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15                          SENATE SUMMARY

16    Abrogates various changes made with respect to the
      Medicaid program by chapter 2001-377, Laws of Florida.
17    Reinstates eligibility for certain persons to receive
      optional medical benefits. Revises income requirements
18    for eligibility. Deletes a limitation on enrollment
      levels concerning assistance for pharmaceutical expenses.
19    (See bill for details.)

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