| 1 | The Future of Florida's Families Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to children's health insurance; creating |
| 8 | s. 409.8195, F.S.; requiring the Department of Health to |
| 9 | develop a program to identify certain children for |
| 10 | referral to the Department of Children and Family Services |
| 11 | for certain eligibility and choices of health benefits |
| 12 | coverage under the Florida KidCare program; providing |
| 13 | program requirements and criteria; amending s. 409.908, |
| 14 | F.S.; requiring the Agency for Health Care Administration |
| 15 | to provide reimbursement for physician and dental services |
| 16 | at certain levels; requiring the agency to provide |
| 17 | reimbursement for dental services at certain rates; |
| 18 | amending s. 624.91, F.S.; authorizing the Florida Healthy |
| 19 | Kids Corporation to enter into contracts for certain |
| 20 | purposes; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 409.8195, Florida Statutes, is created |
| 25 | to read: |
| 26 | 409.8195 Identification of low-income, uninsured children; |
| 27 | determination of eligibility for the Florida KidCare program; |
| 28 | alternative health care information.--The Department of Health |
| 29 | shall develop a program, in conjunction with the Department of |
| 30 | Education, the Department of Children and Family Services, the |
| 31 | Agency for Health Care Administration, the Florida Healthy Kids |
| 32 | Corporation, local governments, employers, and other |
| 33 | stakeholders to identify low-income, uninsured children and, to |
| 34 | the extent possible and subject to appropriation, refer them to |
| 35 | the Department of Children and Family Services for eligibility |
| 36 | determination and provide parents with information about choices |
| 37 | of health benefits coverage under the Florida KidCare program. |
| 38 | These activities shall include, but not be limited to: training |
| 39 | community providers in effective methods of outreach; conducting |
| 40 | public information campaigns designed to publicize the Florida |
| 41 | KidCare program, the eligibility requirements of the program, |
| 42 | and the procedures for enrollment in the program; and |
| 43 | maintaining public awareness of the Florida KidCare program. |
| 44 | Special emphasis shall be placed on the identification of |
| 45 | minority children for referral to and participation in the |
| 46 | Florida KidCare program. |
| 47 | Section 2. Paragraph (d) is added to subsection (12) of |
| 48 | section 409.908, Florida Statutes, to read: |
| 49 | 409.908 Reimbursement of Medicaid providers.--Subject to |
| 50 | specific appropriations, the agency shall reimburse Medicaid |
| 51 | providers, in accordance with state and federal law, according |
| 52 | to methodologies set forth in the rules of the agency and in |
| 53 | policy manuals and handbooks incorporated by reference therein. |
| 54 | These methodologies may include fee schedules, reimbursement |
| 55 | methods based on cost reporting, negotiated fees, competitive |
| 56 | bidding pursuant to s. 287.057, and other mechanisms the agency |
| 57 | considers efficient and effective for purchasing services or |
| 58 | goods on behalf of recipients. If a provider is reimbursed based |
| 59 | on cost reporting and submits a cost report late and that cost |
| 60 | report would have been used to set a lower reimbursement rate |
| 61 | for a rate semester, then the provider's rate for that semester |
| 62 | shall be retroactively calculated using the new cost report, and |
| 63 | full payment at the recalculated rate shall be effected |
| 64 | retroactively. Medicare-granted extensions for filing cost |
| 65 | reports, if applicable, shall also apply to Medicaid cost |
| 66 | reports. Payment for Medicaid compensable services made on |
| 67 | behalf of Medicaid eligible persons is subject to the |
| 68 | availability of moneys and any limitations or directions |
| 69 | provided for in the General Appropriations Act or chapter 216. |
| 70 | Further, nothing in this section shall be construed to prevent |
| 71 | or limit the agency from adjusting fees, reimbursement rates, |
| 72 | lengths of stay, number of visits, or number of services, or |
| 73 | making any other adjustments necessary to comply with the |
| 74 | availability of moneys and any limitations or directions |
| 75 | provided for in the General Appropriations Act, provided the |
| 76 | adjustment is consistent with legislative intent. |
| 77 | (12) |
| 78 | (d) Notwithstanding any other provision of this |
| 79 | subsection, the agency shall provide reimbursement for physician |
| 80 | and dental services provided to children under 21 years of age |
| 81 | at least at the level provided by federal law for physician |
| 82 | reimbursement under the Medicare program and provide |
| 83 | reimbursement for dental services at 50 percent of usual and |
| 84 | customary rates provided for dental services. |
| 85 | Section 3. Paragraph (b) of subsection (5) of section |
| 86 | 624.91, Florida Statutes, is amended to read: |
| 87 | 624.91 The Florida Healthy Kids Corporation Act.-- |
| 88 | (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.-- |
| 89 | (b) The Florida Healthy Kids Corporation shall: |
| 90 | 1. Arrange for the collection of any family, local |
| 91 | contributions, or employer payment or premium, in an amount to |
| 92 | be determined by the board of directors, to provide for payment |
| 93 | of premiums for comprehensive insurance coverage and for the |
| 94 | actual or estimated administrative expenses. |
| 95 | 2. Arrange for the collection of any voluntary |
| 96 | contributions to provide for payment of premiums for children |
| 97 | who are not eligible for medical assistance under Title XXI of |
| 98 | the Social Security Act. Each fiscal year, the corporation shall |
| 99 | establish a local match policy for the enrollment of non-Title- |
| 100 | XXI-eligible children in the Healthy Kids program. By May 1 of |
| 101 | each year, the corporation shall provide written notification of |
| 102 | the amount to be remitted to the corporation for the following |
| 103 | fiscal year under that policy. Local match sources may include, |
| 104 | but are not limited to, funds provided by municipalities, |
| 105 | counties, school boards, hospitals, health care providers, |
| 106 | charitable organizations, special taxing districts, and private |
| 107 | organizations. The minimum local match cash contributions |
| 108 | required each fiscal year and local match credits shall be |
| 109 | determined by the General Appropriations Act. The corporation |
| 110 | shall calculate a county's local match rate based upon that |
| 111 | county's percentage of the state's total non-Title-XXI |
| 112 | expenditures as reported in the corporation's most recently |
| 113 | audited financial statement. In awarding the local match |
| 114 | credits, the corporation may consider factors including, but not |
| 115 | limited to, population density, per capita income, and existing |
| 116 | child-health-related expenditures and services. |
| 117 | 3. Subject to the provisions of s. 409.8134, accept |
| 118 | voluntary supplemental local match contributions that comply |
| 119 | with the requirements of Title XXI of the Social Security Act |
| 120 | for the purpose of providing additional coverage in contributing |
| 121 | counties under Title XXI. |
| 122 | 4. Establish the administrative and accounting procedures |
| 123 | for the operation of the corporation. |
| 124 | 5. Establish, with consultation from appropriate |
| 125 | professional organizations, standards for preventive health |
| 126 | services and providers and comprehensive insurance benefits |
| 127 | appropriate to children, provided that such standards for rural |
| 128 | areas shall not limit primary care providers to board-certified |
| 129 | pediatricians. |
| 130 | 6. Determine eligibility for children seeking to |
| 131 | participate in the Title XXI-funded components of the Florida |
| 132 | KidCare program consistent with the requirements specified in s. |
| 133 | 409.814, as well as the non-Title-XXI-eligible children as |
| 134 | provided in subsection (3). |
| 135 | 7. Establish procedures under which providers of local |
| 136 | match to, applicants to and participants in the program may have |
| 137 | grievances reviewed by an impartial body and reported to the |
| 138 | board of directors of the corporation. |
| 139 | 8. Establish participation criteria and, if appropriate, |
| 140 | contract with an authorized insurer, health maintenance |
| 141 | organization, or third-party administrator to provide |
| 142 | administrative services to the corporation. |
| 143 | 9. Establish enrollment criteria which shall include |
| 144 | penalties or waiting periods of not fewer than 60 days for |
| 145 | reinstatement of coverage upon voluntary cancellation for |
| 146 | nonpayment of family premiums. |
| 147 | 10. Contract with authorized insurers or any provider of |
| 148 | health care services, meeting standards established by the |
| 149 | corporation, for the provision of comprehensive insurance |
| 150 | coverage to participants. Such standards shall include criteria |
| 151 | under which the corporation may contract with more than one |
| 152 | provider of health care services in program sites. Health plans |
| 153 | shall be selected through a competitive bid process. The Florida |
| 154 | Healthy Kids Corporation shall purchase goods and services in |
| 155 | the most cost-effective manner consistent with the delivery of |
| 156 | quality medical care. The maximum administrative cost for a |
| 157 | Florida Healthy Kids Corporation contract shall be 15 percent. |
| 158 | For health care contracts, the minimum medical loss ratio for a |
| 159 | Florida Healthy Kids Corporation contract shall be 85 percent. |
| 160 | For dental contracts, the remaining compensation to be paid to |
| 161 | the authorized insurer or provider under a Florida Healthy Kids |
| 162 | Corporation contract shall be no less than an amount which is 85 |
| 163 | percent of premium; to the extent any contract provision does |
| 164 | not provide for this minimum compensation, this section shall |
| 165 | prevail. The health plan selection criteria and scoring system, |
| 166 | and the scoring results, shall be available upon request for |
| 167 | inspection after the bids have been awarded. |
| 168 | 11. Establish disenrollment criteria in the event local |
| 169 | matching funds are insufficient to cover enrollments. |
| 170 | 12. Develop and implement a plan to publicize the Florida |
| 171 | Healthy Kids Corporation, the eligibility requirements of the |
| 172 | program, and the procedures for enrollment in the program and to |
| 173 | maintain public awareness of the corporation and the program. |
| 174 | 13. Secure staff necessary to properly administer the |
| 175 | corporation. Staff costs shall be funded from state and local |
| 176 | matching funds and such other private or public funds as become |
| 177 | available. The board of directors shall determine the number of |
| 178 | staff members necessary to administer the corporation. |
| 179 | 14. Provide a report annually to the Governor, Chief |
| 180 | Financial Officer, Commissioner of Education, Senate President, |
| 181 | Speaker of the House of Representatives, and Minority Leaders of |
| 182 | the Senate and the House of Representatives. |
| 183 | 15. Establish benefit packages which conform to the |
| 184 | provisions of the Florida KidCare program, as created in ss. |
| 185 | 409.810-409.820. |
| 186 | 16. As appropriate, enter into contracts with local school |
| 187 | boards or other agencies to provide onsite information, |
| 188 | enrollment, and other services necessary to the operation of the |
| 189 | corporation. |
| 190 | Section 4. This act shall take effect July 1, 2006. |