| 1 | A bill to be entitled |
| 2 | An act relating to access to health care; amending s. |
| 3 | 408.909, F.S.; revising criteria for eligibility for |
| 4 | enrollment in a health flex plan; creating s. 445.015, |
| 5 | F.S.; establishing a small business health insurance plan |
| 6 | grant program; providing purposes of the grant program; |
| 7 | providing conditions for use of grant funds; providing |
| 8 | duties of the Agency for Workforce Innovation and the |
| 9 | Office of Insurance Regulation; requiring a report to the |
| 10 | Governor and Legislature; providing that the grant program |
| 11 | is contingent upon specific appropriation; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (5) of section 408.909, Florida |
| 17 | Statutes, is amended to read: |
| 18 | 408.909 Health flex plans.-- |
| 19 | (5) ELIGIBILITY.--Eligibility to enroll in an approved |
| 20 | health flex plan is limited to residents of this state who: |
| 21 | (a) Are 64 years of age or younger; |
| 22 | (b) Have a family income equal to or less than 200 percent |
| 23 | of the federal poverty level; |
| 24 | (c) Are eligible under a federally approved Medicaid |
| 25 | demonstration waiver and reside in Palm Beach County or Miami- |
| 26 | Dade County; |
| 27 | (d) Are not covered by a private insurance policy and are |
| 28 | not eligible for coverage through a public health insurance |
| 29 | program, such as Medicare or Medicaid, unless specifically |
| 30 | authorized under paragraph (c), or another public health care |
| 31 | program, such as Kidcare, and have not been covered at any time |
| 32 | during the past 6 months; and |
| 33 | (d)(e) Have applied for health care coverage through an |
| 34 | approved health flex plan and have agreed to make any payments |
| 35 | required for participation, including periodic payments or |
| 36 | payments due at the time health care services are provided; and |
| 37 | (e) Are either: |
| 38 | 1. Not covered by a private insurance policy and not |
| 39 | eligible for coverage through a public health insurance program, |
| 40 | such as Medicare or Medicaid, unless specifically authorized |
| 41 | under paragraph (c), or another public health care program, such |
| 42 | as Kidcare, and have not been covered at any time during the |
| 43 | past 6 months; or |
| 44 | 2. Part of an employer group that is not covered by a |
| 45 | private health insurance policy and has not been covered at any |
| 46 | time during the past 6 months and in which at least 75 percent |
| 47 | of the employees have a family income equal to or less than 250 |
| 48 | percent of the federal poverty level. If the health flex plan |
| 49 | entity is a properly licensed health insurer, health plan, or |
| 50 | health maintenance organization, this subparagraph applies when |
| 51 | only 50 percent of the employees have a family income equal to |
| 52 | or less than 250 percent of the federal poverty level. |
| 53 | Section 2. Section 445.015, Florida Statutes, is created |
| 54 | to read: |
| 55 | 445.015 Small business health insurance plan grant |
| 56 | program.-- |
| 57 | (1) The agency shall establish a small business health |
| 58 | insurance plan grant program to award, administer, and monitor |
| 59 | grants to small employers and small businesses to develop and |
| 60 | offer cafeteria health plans that qualify under s. 125 of the |
| 61 | Internal Revenue Code and include options such as prepaid health |
| 62 | clinic services licensed under part II of chapter 641 for the |
| 63 | purpose of improving access to health insurance for uninsured |
| 64 | employees. The agency shall give priority to employer proposals |
| 65 | that would improve access for previously uninsured employees or |
| 66 | include long-term commitments to insure employees. Grant funds |
| 67 | shall not be used for ongoing maintenance of the plans or for |
| 68 | employer contributions. The agency, in consultation with the |
| 69 | Office of Insurance Regulation, shall evaluate each project |
| 70 | funded by a grant to measure any increases in access to |
| 71 | insurance and the long-term viability of such increases. The |
| 72 | agency shall design materials and interactive programs to inform |
| 73 | small employers and small businesses about such cafeteria health |
| 74 | plans and shall provide training to assist small employers and |
| 75 | small businesses in developing such plans. Training shall |
| 76 | include technical assistance in establishing relationships with |
| 77 | health plans and individualized guidance on operational methods |
| 78 | and infrastructure that will best support and ensure the long- |
| 79 | term success of using these plans. |
| 80 | (2) The agency shall submit a report that documents the |
| 81 | specific activities undertaken during the fiscal year pursuant |
| 82 | to this section annually to the Governor, the President of the |
| 83 | Senate, and the Speaker of the House of Representatives no later |
| 84 | than February 1. |
| 85 | Section 3. This act shall take effect July 1, 2007, except |
| 86 | that s. 445.015, Florida Statutes, as created by this act, shall |
| 87 | take effect only if a specific appropriation to the Agency for |
| 88 | Health Care Administration to fund the small business health |
| 89 | insurance plan grant program is made in the General |
| 90 | Appropriations Act for fiscal year 2007-2008. |