HB 0947

CS

CHAMBER ACTION

1	The Elder & Long-Term Care Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to long-term care coverage; reenacting and
7	amending s. 409.9102, F.S.; directing the Agency for
8	Health Care Administration, in consultation with the
9	Office of Insurance Regulation and the Department of
10	Children and Family Services, to amend the Medicaid state
11	plan that established the Florida Long-Term Care
12	Partnership Program for purposes of compliance with
13	provisions of the Social Security Act; providing duties of
14	the program; requiring consultation with the Office of
15	Insurance Regulation and the Department of Children and
16	Family Services for the creation of standards for certain
17	information; providing rulemaking authority to the agency
18	for implementation of s. 409.9102, F.S.; providing
19	rulemaking authority to the department regarding
20	determination of eligibility for certain services;
21	creating s. 627.94075, F.S.; requiring the office, in
22	consultation with the agency and the department, to
23	develop standards for designation of eligible long-term
24	care policies and related forms; providing rulemaking
25	authority to the Financial Services Commission for the
26	implementation of the Long-Term Care Partnership Program;
27	repealing ss. 1 and 2 of ch. 2005-252, Laws of Florida, to
28	delete conflicting provisions relating to determining
29	eligibility for nursing and rehabilitative services and
30	establishing a Long-Term Care Partnership Program that
31	were contingent upon amendment to the Social Security Act;
32	amending s. 4 of ch. 2005-252, Laws of Florida, to delete
33	a contingency in an effective date; providing an effective
34	date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 409.9102, Florida Statutes, as created
39	by section 2 of chapter 2005-252, Laws of Florida, is reenacted
40	and amended to read:
41	(Substantial rewording of section. See
42	s. 409.9102, F.S., for present text.)
43	409.9102  Florida Long-Term Care Partnership Program.--The
44	Agency for Health Care Administration, in consultation with the
45	Office of Insurance Regulation and the Department of Children
46	and Family Services, is directed to establish the Florida Long-
47	Term Care Partnership Program, in compliance with the
48	requirements of s. 1917(b) of the Social Security Act, as
49	amended.
50	(1)  The program shall:
51	(a)  Provide incentives for an individual to obtain or
52	maintain insurance to cover the cost of long-term care.
53	(b)  Provide a mechanism to qualify for coverage of the
54	costs of long-term care needs under Medicaid without first being
55	required to substantially exhaust his or her assets, including a
56	provision for the disregard of any assets in an amount equal to
57	the insurance benefit payments that are made to or on behalf of
58	an individual who is a beneficiary under the Florida Long-Term
59	Care Partnership Program.
60	(c)  Alleviate the financial burden on the state's medical
61	assistance program by encouraging the pursuit of private
62	initiatives.
63	(2)  The Agency for Health Care Administration, in
64	consultation with the Office of Insurance Regulation and the
65	Department of Children and Family Services, shall create
66	standards for long-term care partnership plan information
67	distributed to individuals through insurance companies offering
68	approved partnership policies.
69	(3)  The Agency for Health Care Administration is
70	authorized to amend the Medicaid state plan and adopt rules
71	pursuant to ss. 120.536(1) and 120.54 to implement this section.
72	(4)  The Department of Children and Family Services, when
73	determining eligibility for Medicaid long-term care services for
74	an individual who is the beneficiary of an approved long-term
75	care partnership policy, shall reduce the total countable assets
76	of the individual by an amount equal to the insurance benefit
77	payments that are made to or on behalf of the individual. The
78	department is authorized to adopt rules pursuant to ss.
79	120.536(1) and 120.54 to implement this subsection.
80	Section 2.  Section 627.94075, Florida Statutes, is created
81	to read:
82	627.94075  Florida Long-Term Care Partnership Program.--
83	(1)  The office, in consultation with the Agency for Health
84	Care Administration and the Department of Children and Family
85	Services, is directed to develop standards for the designation
86	of eligible long-term care policies to be issued in accordance
87	with the Florida Long-Term Care Partnership Program as described
88	in s. 409.9102 and a form or forms that shall be used by
89	insurers to assist insureds and the program in making a
90	determination of eligible policies. Insurers, upon request of
91	the office, shall provide information necessary to determine the
92	number of eligible policies, the amount of benefits paid, and
93	the types and kinds of products offered in order to monitor the
94	implementation of the program.
95	(2)  The commission may adopt rules pursuant to ss.
96	120.536(1) and 120.54 to implement applicable provisions of the
97	Long-Term Care Partnership Program, establish standards for the
98	determination of whether a policy is eligible for the program,
99	establish the proper reporting of benefits paid under
100	partnership-eligible insurance policies, adopt standardized
101	forms to be used by insurers to provide information to insureds
102	and the program regarding the eligibility of the insurer's long-
103	term care policy as a qualifying or nonqualifying policy with
104	the program, and adopt forms to be filed by insurers to report
105	information requested by the office in connection with the
106	program.
107	Section 3.  Sections 1 and 2 of chapter 2005-252, Laws of
108	Florida, are repealed.
109	Section 4.  Section 4 of chapter 2005-252, Laws of Florida,
110	is amended to read:
111	Section 4.  This act shall take effect upon becoming a law,
112	except that the amendments to section 409.905, Florida Statutes,
113	and the newly created section 409.9102, Florida Statutes,
114	provided in this act shall take effect contingent upon amendment
115	to section 1917(b)(1)(c) of the Social Security Act by the
116	United States Congress to delete the "May 14, 1993," deadline
117	for approval by states of long-term care partnership plans.
118	Section 5.  This act shall take effect upon becoming a law.

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