HB 1365CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Florida KidCare program; amending
8s. 409.814, F.S.; specifying that 12 months of continuous
9eligibility includes changes between program components;
10amending s. 409.821, F.S., relating to a public records
11exemption; specifying that such provision does not
12prohibit an enrollee's parent or legal guardian from
13obtaining confirmation of coverage and dates of coverage;
14creating s. 409.8215, F.S.; authorizing participating
15health and dental plans to develop marketing and other
16promotional materials and to participate in activities to
17promote the Florida KidCare program; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (6) of section 409.814, Florida
23Statutes, is amended to read:
24     409.814  Eligibility.--A child who has not reached 19 years
25of age whose family income is equal to or below 200 percent of
26the federal poverty level is eligible for the Florida KidCare
27program as provided in this section. For enrollment in the
28Children's Medical Services Network, a complete application
29includes the medical or behavioral health screening. If,
30subsequently, an individual is determined to be ineligible for
31coverage, he or she must immediately be disenrolled from the
32respective Florida KidCare program component.
33     (6)  Once a child is enrolled in the Florida KidCare
34program, the child is eligible for coverage under the program
35for 12 months without a redetermination or reverification of
36eligibility even when switching from one component of the
37program to another, if the family continues to pay the
38applicable premium. Eligibility for program components funded
39through Title XXI of the Social Security Act shall terminate
40when a child attains the age of 19. Effective January 1, 1999, a
41child who has not attained the age of 5 and who has been
42determined eligible for the Medicaid program is eligible for
43coverage for 12 months without a redetermination or
44reverification of eligibility.
45     Section 2.  Section 409.821, Florida Statutes, is amended
46to read:
47     409.821  Florida KidCare program public records
48exemption.--Notwithstanding any other law to the contrary, any
49information identifying a Florida KidCare program applicant or
50enrollee, as defined in s. 409.811, held by the Agency for
51Health Care Administration, the Department of Children and
52Family Services, the Department of Health, or the Florida
53Healthy Kids Corporation is confidential and exempt from s.
54119.07(1) and s. 24(a), Art. I of the State Constitution. Such
55information may be disclosed to another governmental entity only
56if disclosure is necessary for the entity to perform its duties
57and responsibilities under the Florida KidCare program and shall
58be disclosed to the Department of Revenue for purposes of
59administering the state Title IV-D program. The receiving
60governmental entity must maintain the confidential and exempt
61status of such information. Furthermore, such information may
62not be released to any person without the written consent of the
63program applicant. This exemption applies to any information
64identifying a Florida KidCare program applicant or enrollee held
65by the Agency for Health Care Administration, the Department of
66Children and Family Services, the Department of Health, or the
67Florida Healthy Kids Corporation before, on, or after the
68effective date of this exemption. A violation of this section is
69a misdemeanor of the second degree, punishable as provided in s.
70775.082 or s. 775.083. This section does not prohibit an
71enrollee's parent or legal guardian from obtaining confirmation
72of coverage and dates of coverage.
73     Section 3.  Section 409.8215, Florida Statutes, is created
74to read:
75     409.8215  Marketing by service providers.--
76     (1)  Participating health and dental plans may develop
77marketing and other promotional materials and participate in
78activities, such as health fairs and public events, as approved
79by the Agency for Health Care Administration.
80     (2)  The health and dental plans may also contact their
81enrollees and former enrollees to encourage continued
82participation in the Florida KidCare program.
83     (3)  The agency may adopt rules pursuant to ss. 120.536(1)
84and 120.54 to implement the provisions of this section.
85     Section 4.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.