Amendment
Bill No. CS/CS/CS/SB 2654

Amendment No. 940817

CHAMBER ACTION
Senate		House
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1	Representative Gardiner offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Window of
6	Opportunity Act."
7	Section 2.  Subsection (18) is renumbered as subsection
8	(19) of section 391.026, Florida Statutes, and a new subsection
9	(18) is added to that section to read:
10	391.026  Powers and duties of the department.--The
11	department shall have the following powers, duties, and
12	responsibilities:
13	(18)  To provide services under contract to the Florida
14	Healthy Kids Corporation for Florida Healthy Kids benefit plans.
15	Children served under this contract are not enrollees of the
16	Children's Medical Services program component of the Florida
17	Kidcare program funded under Title XIX or Title XXI of the
18	Social Security Act.
19	Section 3.  Subsections (13) through (40) of section
20	393.063, Florida Statutes, are renumbered as subsections (14)
21	through (41), respectively, subsection (9)is amended, and a new
22	subsection (13) is added to that section, to read:
23	393.063  Definitions.--For the purposes of this chapter,
24	the term:
25	(9)  "Developmental disability" means a disorder or
26	syndrome that is attributable to retardation, cerebral palsy,
27	autism, spina bifida, Down syndrome, or Prader-Willi syndrome;
28	that manifests before the age of 18; and that constitutes a
29	substantial handicap that can reasonably be expected to continue
30	indefinitely.
31	(13)  "Down syndrome" means a genetic disorder caused by
32	the presence of extra chromosomal material on chromosome 21.
33	Causes of the syndrome may include Trisomy 21, Mosaicism,
34	Robertsonian Translocation, and other duplications of a portion
35	of chromosome 21.
36	Section 4.  Subsection (7) of section 409.8132, Florida
37	Statutes, is amended to read:
38	409.8132  Medikids program component.--
39	(7)  ENROLLMENT.--Enrollment in the Medikids program
40	component may occur at any time throughout the year. A child may
41	not receive services under the Medikids program until the child
42	is enrolled in a managed care plan or MediPass. Once determined
43	eligible, an applicant may receive choice counseling and select
44	a managed care plan or MediPass. The agency may initiate
45	mandatory assignment for a Medikids applicant who has not chosen
46	a managed care plan or MediPass provider after the applicant's
47	voluntary choice period ends; however, the agency shall ensure
48	that family members are assigned to the same managed care plan
49	or the same MediPass provider to the greatest extent possible,
50	including situations in which some family members are enrolled
51	in Medicaid and other family members are enrolled in a Title
52	XXI-funded component of the Florida Kidcare program. An
53	applicant may select MediPass under the Medikids program
54	component only in counties that have fewer than two managed care
55	plans available to serve Medicaid recipients and only if the
56	federal Health Care Financing Administration determines that
57	MediPass constitutes "health insurance coverage" as defined in
58	Title XXI of the Social Security Act.
59	Section 5.  Subsection (2) of section 409.8134, Florida
60	Statutes, is amended, and subsection (5) is added to that
61	section, to read:
62	409.8134  Program expenditure ceiling.--
63	(2)  Open enrollment periods shall consist of:
64	(a)  Enrollment for premium assistance.--The Florida
65	Kidcare program may conduct enrollment at any time throughout
66	the year for the purpose of enrolling children eligible for all
67	program components listed in s. 409.813 except Medicaid. The
68	four Florida Kidcare administrators shall work together to
69	ensure that the year-round enrollment period is announced
70	statewide. Eligible children for premium assistance shall be
71	enrolled on a first-come, first-served basis using the date the
72	enrollment application is received. Enrollment shall immediately
73	cease when the expenditure ceiling is reached. Year-round
74	enrollment for premium assistance shall only be held if the
75	Social Services Estimating Conference determines that sufficient
76	federal and state funds will be available to finance the
77	increased enrollment through federal fiscal year 2007. Any
78	individual who is not enrolled must reapply by submitting a new
79	application. The application for the Florida Kidcare program
80	shall be valid for a period of 120 days after the date it was
81	received. At the end of the 120-day period, if the applicant has
82	not been enrolled in the program, the application shall be
83	invalid and the applicant shall be notified of the action. The
84	applicant may reactivate resubmit the application after
85	notification of the action taken by the program. Except for the
86	Medicaid program, whenever the Social Services Estimating
87	Conference determines that there are presently, or will be by
88	the end of the current fiscal year, insufficient funds to
89	finance the current or projected enrollment in the Florida
90	Kidcare program, all additional enrollment must cease and
91	additional enrollment may not resume until sufficient funds are
92	available to finance such enrollment.
93	(b)  Open enrollment without premium assistance, effective
94	July 1, 2009.--
95	1.  Effective July 1, 2009, an open enrollment period for
96	the Florida Healthy Kids program for those enrollees not
97	eligible for premium assistance may be held once each fiscal
98	year and may not exceed 30 consecutive calendar days in length.
99	The timing and length of any open enrollment period shall be
100	determined by the Florida Healthy Kids Corporation. Applicants
101	shall be enrolled on a first come, first served basis, based
102	upon the date the application was received. During the 2009-2010
103	fiscal year, the effective date for new enrollees without
104	premium assistance shall be October 1, 2009. However, for a
105	child who has had his or her coverage in an employer-sponsored
106	or private health benefit plan voluntarily canceled in the last
107	90 days and who is otherwise eligible to participate without
108	premium assistance the effective date of coverage shall be the
109	end of the 90-day period or October 1, 2009, whichever is later.
110	2.  The following individuals are not subject to the open
111	enrollment period:
112	a.  Enrollees in any Florida Kidcare program component that
113	are determined to be no longer eligible under that component due
114	to changes in income or age. These enrollees may transfer to the
115	Healthy Kids program if such transfer is initiated within 30
116	days after the loss of such eligibility.
117	b.  Applicants that have adopted a child in the state.
118	c.  Applicants who have had employer-sponsored or private
119	health insurance involuntarily canceled within 30 days prior to
120	submission of the application.
121	3.  Any individual who is not enrolled under this
122	subsection must reapply by submitting a new application during
123	the next open enrollment period. The application for the Florida
124	Kidcare program without premium assistance shall be valid for
125	the period of the open enrollment.
126	(5)  Effective October 1, 2009, upon determination by the
127	Social Service Estimating Conference, in consultation with the
128	agency and the Florida Healthy Kids Corporation, that enrollment
129	of children whose family income exceeds 200 percent of the
130	federal poverty level is projected to raise overall premiums per
131	enrollee by greater than 5_percent of current average premiums
132	in the Florida Healthy Kids plans, the board of directors of the
133	Florida Healthy Kids Corporation may, with the concurrence of
134	the agency, take appropriate actions to reduce the projected
135	cost below the projected_5 percent increase. Actions the board
136	may take may include, but are not limited to:
137	(a)  Reducing habilitative and behavior analysis benefits
138	to enrollees who are receiving these services.
139	(b)  Eliminating habilitative and or behavior analysis
140	services as a benefit in Healthy Kids plans for enrollees and
141	providing enrollees the opportunity to purchase these benefits
142	separately.
143	(c)  Increasing copayments for habilitative and behavior
144	analysis services provided to nonpremium assistance enrollees.
145	(d)  Reducing benefit packages to all nonpremium assistance
146	enrollees.
147	Section 6.  Paragraphs (c) and (f) of subsection (4) and
148	subsections (5), (7), and (8) of section 409.814, Florida
149	Statutes, are amended to read:
150	409.814  Eligibility.--A child who has not reached 19 years
151	of age whose family income is equal to or below 200 percent of
152	the federal poverty level is eligible for the Florida Kidcare
153	program as provided in this section. For enrollment in the
154	Children's Medical Services Network, a complete application
155	includes the medical or behavioral health screening. If,
156	subsequently, an individual is determined to be ineligible for
157	coverage, he or she must immediately be disenrolled from the
158	respective Florida Kidcare program component.
159	(4)  The following children are not eligible to receive
160	premium assistance for health benefits coverage under the
161	Florida Kidcare program, except under Medicaid if the child
162	would have been eligible for Medicaid under s. 409.903 or s.
163	409.904 as of June 1, 1997:
164	(c)  A child who is seeking premium assistance for the
165	Florida Kidcare program through employer-sponsored group
166	coverage, if the child has been covered by the same employer's
167	group coverage during the 90 days 6 months prior to the family's
168	submitting an application for determination of eligibility under
169	the program.
170	(f)  A child who has had his or her coverage in an
171	employer-sponsored or private health benefit plan voluntarily
172	canceled in the last 90 days 6 months, except those children who
173	were on the waiting list prior to March 12, 2004, or whose
174	coverage was voluntarily canceled for good cause, including, but
175	not limited to, the following circumstances:
176	1.  The cost of participation in an employer-sponsored or
177	private health benefit plan is greater than 5 percent of the
178	family's income;
179	2.  The parent lost a job that provided an employer-
180	sponsored health benefit plan for children;
181	3.  The parent with health benefits coverage for the child
182	is deceased;
183	4.  The employer of the parent canceled health benefits
184	coverage for children;
185	5.  The child's health benefits coverage ended because the
186	child reached the maximum lifetime coverage amount;
187	6.  The child has exhausted coverage under a COBRA
188	continuation provision; or
189	7.  A situation involving domestic violence led to the loss
190	of coverage.
191	(5)  A child whose family income is above 200 percent of
192	the federal poverty level or a child who is excluded under the
193	provisions of subsection (4) may participate in the Medikids
194	program as provided in s. 409.8132 or, if the child is
195	ineligible for Medikids by reason of age, in the Florida Healthy
196	Kids program as provided in s. 624.91, subject to the following
197	provisions:
198	(a)  The family is not eligible for premium assistance
199	payments and must pay the full cost of the premium, including
200	any administrative costs.
201	(b)  Effective October 1, 2009, new applicants for
202	nonpremium assistance in the Medikids program shall enroll in
203	the Florida Healthy Kids program component of the Florida
204	Kidcare program. The agency is authorized to place limits on
205	enrollment in Medikids by these children in order to avoid
206	adverse selection. The number of children participating in
207	Medikids whose family income exceeds 200 percent of the federal
208	poverty level must not exceed 10 percent of total enrollees in
209	the Medikids program.
210	(c)  The board of directors of the Florida Healthy Kids
211	Corporation is authorized to place limits on enrollment of these
212	children in order to avoid adverse selection. In addition, the
213	board is authorized to offer a reduced benefit package to these
214	children in order to limit program costs for such families. The
215	number of children participating in the Florida Healthy Kids
216	program whose family income exceeds 200 percent of the federal
217	poverty level must not exceed 10 percent of total enrollees in
218	the Florida Healthy Kids program.
219	(7)  When determining or reviewing a child's eligibility
220	under the Florida Kidcare program, the applicant shall be
221	provided with reasonable notice of changes in eligibility which
222	may affect enrollment in one or more of the program components.
223	When a transition from one program component to another is
224	authorized, there shall be cooperation between the program
225	components, and the affected family, the child's health
226	insurance plan, and the child's health care providers to promote
227	which promotes continuity of health care coverage. If a child is
228	determined ineligible for Medicaid or Medikids, the agency, in
229	coordination with the department, shall notify that child's
230	Medicaid managed care plan or MediPass provider of such
231	determination before the child's eligibility is scheduled to be
232	terminated so that the Medicaid managed care plan or MediPass
233	provider can assist the child's family in applying for Florida
234	Kidcare program coverage. Any authorized transfers must be
235	managed within the program's overall appropriated or authorized
236	levels of funding. Each component of the program shall establish
237	a reserve to ensure that transfers between components will be
238	accomplished within current year appropriations. These reserves
239	shall be reviewed by each convening of the Social Services
240	Estimating Conference to determine the adequacy of such reserves
241	to meet actual experience.
242	(8)  In determining the eligibility of a child for the
243	Florida Kidcare program, an assets test is not required. The
244	information required under this section from each applicant
245	shall be obtained electronically to the extent possible. If such
246	information cannot be obtained electronically, the Each
247	applicant shall provide written documentation during the
248	application process and the redetermination process, including,
249	but not limited to, the following:
250	(a)  Proof of family income, which must include a copy of
251	the applicant's most recent federal income tax return. In the
252	absence of a federal income tax return, an applicant may submit
253	wages and earnings statements (pay stubs), W-2 forms, or other
254	appropriate documents.
255	(b)  A statement from all family members that:
256	1.  Their employer does not sponsor a health benefit plan
257	for employees; or
258	2.  The potential enrollee is not covered by the employer-
259	sponsored health benefit plan because the potential enrollee is
260	not eligible for coverage, or, if the potential enrollee is
261	eligible but not covered, a statement of the cost to enroll the
262	potential enrollee in the employer-sponsored health benefit
263	plan.
264
265	An individual who applies for coverage under the Florida Kidcare
266	program and who pays the full cost of the premium is exempt from
267	the requirements of this subsection.
268	Section 7.  Paragraphs (r) through (v) of subsection (2) of
269	section 409.815, Florida Statutes, are redesignated as
270	paragraphs (s) through (w), respectively, present paragraphs
271	(o), (r), and (u) are amended, and a new paragraph (r) is added
272	to that subsection, to read:
273	409.815  Health benefits coverage; limitations.--
274	(2)  BENCHMARK BENEFITS.--In order for health benefits
275	coverage to qualify for premium assistance payments for an
276	eligible child under ss. 409.810-409.820, the health benefits
277	coverage, except for coverage under Medicaid and Medikids, must
278	include the following minimum benefits, as medically necessary.
279	(o)  Therapy services.--Covered services include
280	habilitative and rehabilitative services, including
281	occupational, physical, respiratory, and speech therapies, with
282	the following limitations:
283	1.  Rehabilitative services are limited to:
284	a.1.  Services must be for Short-term rehabilitation when
285	where significant improvement in the enrollee's condition will
286	result; and
287	b.2.  Services shall be limited to Not more than 24
288	treatment sessions within a 60-day period per episode or injury,
289	with the 60-day period beginning with the first treatment.
290	2.  Effective October 1, 2009, habilitative services shall
291	be offered and are limited to:
292	a.  Habilitation when improvements in and maintenance of
293	human behavior, skill acquisition, and communication will
294	result; and
295	b.  Enrollees that are diagnosed with a developmental
296	disability as defined in s. 393.063 or autism spectrum disorder.
297	(r)  Behavior analysis services.--Effective October 1,
298	2009, behavior analysis and behavior assistant services shall be
299	covered for enrollees that are diagnosed with a developmental
300	disability as defined in s. 393.063 or autism spectrum disorder.
301	For purposes of this paragraph:
302	1.  "Behavior analysis" means the design, implementation,
303	and evaluation of instructional and environmental modifications
304	to produce socially significant improvements in human behavior
305	through skill acquisition and the reduction of problematic
306	behavior. Behavior analysis shall be provided by an individual
307	certified pursuant to s. 393.17 or an individual licensed under
308	chapter 490 or chapter 491.
309	2.  "Behavior assistant services" means services provided
310	by an individual with specific training to assist in carrying
311	out plans designed by a behavior analyst.
312	(s)(r)  Lifetime maximum and limitations.--Health benefits
313	coverage obtained under ss. 409.810-409.820 shall pay an
314	enrollee's covered expenses at a lifetime maximum of $1 million
315	per covered child. However, coverage for the combination of
316	behavior analysis services and habilitative therapy services for
317	recipients diagnosed with a developmental disability as defined
318	in s. 393.063 or autism spectrum disorder shall be limited to
319	$36,000 annually and may not exceed $108,000 in total lifetime
320	benefits. Without prior authorization by the Florida Healthy
321	Kids plan, not more than 12 percent of the annual maximum amount
322	for combined habilitative therapy and behavior analysis services
323	may be used on a monthly basis.
324	(v)(u)  Enhancements to minimum requirements.--
325	1.  This section sets the minimum benefits that must be
326	included in any health benefits coverage, other than Medicaid or
327	Medikids coverage, offered under ss. 409.810-409.820. Health
328	benefits coverage may include additional benefits not included
329	under this subsection, but may not include benefits excluded
330	under paragraph (t) (s).
331	2.  Health benefits coverage may extend any limitations
332	beyond the minimum benefits described in this section.
333
334	Except for the Children's Medical Services Network, the agency
335	may not increase the premium assistance payment for either
336	additional benefits provided beyond the minimum benefits
337	described in this section or the imposition of less restrictive
338	service limitations.
339	Section 8.  Paragraph (b) of subsection (1) of section
340	409.818, Florida Statutes, is amended to read:
341	409.818  Administration.--In order to implement ss.
342	409.810-409.820, the following agencies shall have the following
343	duties:
344	(1)  The Department of Children and Family Services shall:
345	(b)  Establish and maintain the eligibility determination
346	process under the program except as specified in subsection (5).
347	The department shall directly, or through the services of a
348	contracted third-party administrator, establish and maintain a
349	process for determining eligibility of children for coverage
350	under the program. The eligibility determination process must be
351	used solely for determining eligibility of applicants for health
352	benefits coverage under the program. The eligibility
353	determination process must include an initial determination of
354	eligibility for any coverage offered under the program, as well
355	as a redetermination or reverification of eligibility each
356	subsequent 12 6 months. Effective January 1, 1999, a child who
357	has not attained the age of 5 and who has been determined
358	eligible for the Medicaid program is eligible for coverage for
359	12 months without a redetermination or reverification of
360	eligibility. In conducting an eligibility determination, the
361	department shall determine if the child has special health care
362	needs. The department, in consultation with the Agency for
363	Health Care Administration and the Florida Healthy Kids
364	Corporation, shall develop procedures for redetermining
365	eligibility which enable a family to easily update any change in
366	circumstances which could affect eligibility. The department may
367	accept changes in a family's status as reported to the
368	department by the Florida Healthy Kids Corporation without
369	requiring a new application from the family. Redetermination of
370	a child's eligibility for Medicaid may not be linked to a
371	child's eligibility determination for other programs.
372	Section 9.  Subsection (26) is added to section 409.906,
373	Florida Statutes, to read:
374	409.906  Optional Medicaid services.--Subject to specific
375	appropriations, the agency may make payments for services which
376	are optional to the state under Title XIX of the Social Security
377	Act and are furnished by Medicaid providers to recipients who
378	are determined to be eligible on the dates on which the services
379	were provided. Any optional service that is provided shall be
380	provided only when medically necessary and in accordance with
381	state and federal law. Optional services rendered by providers
382	in mobile units to Medicaid recipients may be restricted or
383	prohibited by the agency. Nothing in this section shall be
384	construed to prevent or limit the agency from adjusting fees,
385	reimbursement rates, lengths of stay, number of visits, or
386	number of services, or making any other adjustments necessary to
387	comply with the availability of moneys and any limitations or
388	directions provided for in the General Appropriations Act or
389	chapter 216. If necessary to safeguard the state's systems of
390	providing services to elderly and disabled persons and subject
391	to the notice and review provisions of s. 216.177, the Governor
392	may direct the Agency for Health Care Administration to amend
393	the Medicaid state plan to delete the optional Medicaid service
394	known as "Intermediate Care Facilities for the Developmentally
395	Disabled." Optional services may include:
396	(26)  HOME AND COMMUNITY-BASED SERVICES FOR AUTISM SPECTRUM
397	DISORDER AND OTHER DEVELOPMENTAL DISABILITIES.--The agency is
398	authorized to seek federal approval through a Medicaid waiver or
399	a state plan amendment for the provision of occupational
400	therapy, speech therapy, physical therapy, behavior analysis,
401	and behavior assistant services to individuals who are 5 years
402	of age and under and have a diagnosed developmental disability
403	as defined in s. 393.063 or autism spectrum disorder. Coverage
404	for such services shall be limited to $36,000 annually and may
405	not exceed $108,000 in total lifetime benefits. The agency shall
406	submit an annual report beginning on January 1, 2009, to the
407	President of the Senate, the Speaker of the House of
408	Representatives, and the relevant committees of the Senate and
409	the House of Representatives regarding progress on obtaining
410	federal approval and recommendations for the implementation of
411	these home and community-based services. The agency may not
412	implement this subsection without prior legislative approval.
413	Section 10.  Section 456.0291, Florida Statutes, is created
414	to read:
415	456.0291  Requirement for instruction on developmental
416	disabilities.--
417	(1)(a)  The appropriate board shall require each person
418	licensed or certified under part I of chapter 464, chapter 490,
419	or chapter 491 to complete a 2-hour continuing education course,
420	approved by the board, on developmental disabilities, as defined
421	in s. 393.063, with the addition of autism spectrum disorder, as
422	part of every third biennial relicensure or recertification. The
423	course shall consist of information on the diagnosis and
424	treatment of developmental disabilities and information on
425	counseling and education of a parent whose child is diagnosed
426	with a developmental disability, with an emphasis on autism
427	spectrum disorder.
428	(b)  The Board of Medicine and the Board of Osteopathic
429	Medicine shall require each physician with a primary care
430	specialty of pediatrics to complete a 2-hour continuing
431	education course, approved by the appropriate board, on
432	developmental disabilities, as defined in s. 393.063, with the
433	addition of autism spectrum disorder, as part of every third
434	biennial relicensure. The course shall consist of information on
435	the diagnosis and treatment of developmental disabilities and
436	information on counseling and education of a parent whose child
437	is diagnosed with a developmental disability, with an emphasis
438	on autism spectrum disorder.
439	(c)  Each such licensee or certificateholder shall submit
440	confirmation of having completed the course, on a form provided
441	by the board, when submitting fees for every third biennial
442	renewal.
443	(d)  The board may approve additional equivalent courses
444	that may be used to satisfy the requirements of paragraph (a).
445	Each licensing board that requires a licensee to complete an
446	educational course pursuant to this subsection may include the
447	hours required for completion of the course in the total hours
448	of continuing education required by law for such profession
449	unless the continuing education requirements for such profession
450	consist of fewer than 30 hours biennially.
451	(e)  Any person holding two or more licenses subject to the
452	provisions of this subsection shall be permitted to show proof
453	of having taken one board-approved course on developmental
454	disabilities for purposes of relicensure or recertification for
455	additional licenses.
456	(f)  Failure to comply with the requirements of this
457	subsection shall constitute grounds for disciplinary action
458	under each respective practice act and under s. 456.072(1)(k).
459	In addition to discipline by the board, the licensee shall be
460	required to complete such course.
461	(2)  Each board may adopt rules pursuant to ss. 120.536(1)
462	and 120.54 to carry out the provisions of this section.
463	(3)  The department shall implement a plan to promote
464	awareness of developmental disabilities, with a focus on autism
465	spectrum disorder, to physicians licensed under chapter 458 or
466	chapter 459 and parents. The department shall develop the plan
467	in consultation with organizations representing allopathic and
468	osteopathic physicians, the Board of Medicine, the Board of
469	Osteopathic Medicine, and nationally recognized organizations
470	that promote awareness of developmental disabilities. The
471	department's plan shall include the distribution of educational
472	materials for parents, including a developmental assessment
473	tool.
474	Section 11.  Paragraph (b) of subsection (2) and paragraph
475	(b) of subsection (5) of section 624.91, Florida Statutes, are
476	amended to read:
477	624.91  The Florida Healthy Kids Corporation Act.--
478	(2)  LEGISLATIVE INTENT.--
479	(b)  It is the intent of the Legislature that the Florida
480	Healthy Kids Corporation serve as one of several providers of
481	services to children eligible for medical assistance under Title
482	XXI of the Social Security Act. Although the corporation may
483	serve other children, the Legislature intends the primary
484	recipients of services provided through the corporation be
485	school-age children with a family income below 200 percent of
486	the federal poverty level, who do not qualify for Medicaid. It
487	is also the intent of the Legislature that state and local
488	government Florida Healthy Kids funds be used to continue
489	coverage, subject to specific appropriations in the General
490	Appropriations Act, to children not eligible for federal
491	matching funds under Title XXI.
492	(5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
493	(b)  The Florida Healthy Kids Corporation shall:
494	1.  Arrange for the collection of any family, local
495	contributions, or employer payment or premium, in an amount to
496	be determined by the board of directors, to provide for payment
497	of premiums for comprehensive insurance coverage and for the
498	actual or estimated administrative expenses.
499	2.  Arrange for the collection of any voluntary
500	contributions to provide for payment of premiums for children
501	who are not eligible for medical assistance under Title XXI of
502	the Social Security Act.
503	3.  Subject to the provisions of s. 409.8134, accept
504	voluntary supplemental local match contributions that comply
505	with the requirements of Title XXI of the Social Security Act
506	for the purpose of providing additional coverage in contributing
507	counties under Title XXI.
508	4.  Establish the administrative and accounting procedures
509	for the operation of the corporation.
510	5.  Establish, with consultation from appropriate
511	professional organizations, standards for preventive health
512	services and providers and comprehensive insurance benefits
513	appropriate to children, provided that such standards for rural
514	areas shall not limit primary care providers to board-certified
515	pediatricians.
516	6.  Determine eligibility for children seeking to
517	participate in the Title XXI-funded components of the Florida
518	Kidcare program consistent with the requirements specified in s.
519	409.814, as well as the non-Title-XXI-eligible children as
520	provided in subsection (3).
521	7.  Establish procedures under which providers of local
522	match to, applicants to and participants in the program may have
523	grievances reviewed by an impartial body and reported to the
524	board of directors of the corporation.
525	8.  Establish participation criteria and, if appropriate,
526	contract with an authorized insurer, health maintenance
527	organization, or third-party administrator to provide
528	administrative services to the corporation.
529	9.  Establish enrollment criteria which shall include
530	penalties or waiting periods of not fewer than 60 days for
531	reinstatement of coverage upon voluntary cancellation for
532	nonpayment of family premiums.
533	10.  Contract with authorized insurers or any provider of
534	health care services, meeting standards established by the
535	corporation, for the provision of comprehensive insurance
536	coverage to participants. Such standards shall include criteria
537	under which the corporation may contract with more than one
538	provider of health care services in program sites. Health plans
539	shall be selected through a competitive bid process. The Florida
540	Healthy Kids Corporation shall purchase goods and services in
541	the most cost-effective manner consistent with the delivery of
542	quality medical care. The maximum administrative cost for a
543	Florida Healthy Kids Corporation contract shall be 15 percent.
544	For health care contracts, the minimum medical loss ratio for a
545	Florida Healthy Kids Corporation contract shall be 85 percent.
546	For dental contracts, the remaining compensation to be paid to
547	the authorized insurer or provider under a Florida Healthy Kids
548	Corporation contract shall be no less than an amount which is 85
549	percent of premium; to the extent any contract provision does
550	not provide for this minimum compensation, this section shall
551	prevail. The health plan selection criteria and scoring system,
552	and the scoring results, shall be available upon request for
553	inspection after the bids have been awarded.
554	11.  Establish disenrollment criteria in the event local
555	matching funds are insufficient to cover enrollments.
556	12.  Develop and implement a plan to publicize the Florida
557	Kidcare program Healthy Kids Corporation, the eligibility
558	requirements of the program, and the procedures for enrollment
559	in the program and to maintain public awareness of the
560	corporation and the program. Health care and dental health plans
561	participating in the program may develop and distribute
562	marketing and other promotional materials and participate in
563	activities, such as health fairs and public events, as approved
564	by the corporation. Health care and dental health plans may also
565	contact their current and former enrollees to encourage
566	continued participation in the program and assist the enrollee
567	in transferring from a Title XIX-funded plan to a Title XXI-
568	funded plan.
569	13.  Establish an assignment process for Florida Healthy
570	Kids program enrollees to ensure that family members are
571	assigned to the same managed care plan to the greatest extent
572	possible, including situations in which some family members are
573	enrolled in a Medicaid managed care plan and other family
574	members are enrolled in a Florida Healthy Kids plan. The Agency
575	for Health Care Administration shall consult with the
576	corporation to implement this subparagraph.
577	14.13.  Secure staff necessary to properly administer the
578	corporation. Staff costs shall be funded from state and local
579	matching funds and such other private or public funds as become
580	available. The board of directors shall determine the number of
581	staff members necessary to administer the corporation.
582	15.14.  Provide a report annually to the Governor, Chief
583	Financial Officer, Commissioner of Education, Senate President,
584	Speaker of the House of Representatives, and Minority Leaders of
585	the Senate and the House of Representatives.
586	16.  Provide a report by October 31, 2008, to the Governor,
587	the Senate, and the House of Representatives, which includes an
588	actuarial analysis of the projected impact on premiums from the
589	addition of habilitative and behavior analysis services in
590	accordance with s. 409.815.
591	17.  Provide information on a quarterly basis to the
592	Governor, the Senate, and the House of Representatives that
593	assesses the cost and utilization of services for the Florida
594	Healthy Kids health benefits plans provided through the Florida
595	Healthy Kids Corporation. The information must be specific to
596	each eligibility component of the plan and, at a minimum,
597	include:
598	a.  The monthly enrollment and expenditures for enrollees.
599	b.  The cost and utilization of specific services.
600	c.  An analysis of the impact on premiums prior to and
601	following implementation of the Window of Opportunity Act.
602	d.  An analysis of trends regarding transfer of enrollees
603	from the Florida Healthy Kids plans to the Children's Medical
604	Services Network plan.
605	e.  Any recommendations resulting from the analysis
606	conducted under this subparagraph.
607	18.15.  Establish benefit packages which conform to the
608	provisions of the Florida Kidcare program, as created in ss.
609	409.810-409.820.
610	Section 12.  Section 624.916, Florida Statutes, is created
611	to read:
612	624.916  Developmental disabilities compact.--
613	(1)  The Office of Insurance Regulation shall convene a
614	workgroup by August 31, 2008, for the purpose of negotiating a
615	compact that includes a binding agreement among the participants
616	relating to insurance and access to services for persons with
617	developmental disabilities as defined in s. 393.063, with the
618	addition of autism spectrum disorder. The workgroup shall
619	consist of the following:
620	(a)  Representatives of all health insurers licensed under
621	this chapter.
622	(b)  Representatives of all health maintenance
623	organizations licensed under part I of chapter 641.
624	(c)  Representatives of employers with self-insured health
625	benefit plans.
626	(d)  Two designees of the Governor, one of whom must be a
627	consumer advocate.
628	(e)  A designee of the President of the Senate.
629	(f)  A designee of the Speaker of the House of
630	Representatives.
631	(2)  The Office of Insurance Regulation shall convene a
632	consumer advisory workgroup for the purpose of providing a forum
633	for comment on the compact negotiated in subsection (1). The
634	office shall convene the workgroup prior to finalization of the
635	compact.
636	(3)  The agreement shall include the following components:
637	(a)  A requirement that each signatory to the agreement
638	increase coverage for behavior analysis and behavior assistant
639	services as defined in s. 409.815(2)(r) and speech therapy,
640	physical therapy, and occupational therapy when necessary due to
641	the presence of a developmental disability as defined in s.
642	393.063 or autism spectrum disorder.
643	(b)  Procedures for clear and specific notice to
644	policyholders identifying the amount, scope, and conditions
645	under which coverage is provided for behavior analysis and
646	behavior assistant services as defined in s. 409.815(2)(r) and
647	speech therapy, physical therapy, and occupational therapy when
648	necessary due to the presence of a developmental disability as
649	defined in s. 393.063 or autism spectrum disorder.
650	(c)  Penalties for documented cases of denial of claims for
651	medically necessary services due to the presence of a
652	developmental disability as defined in s. 393.063 or autism
653	spectrum disorder.
654	(d)  Proposals for new product lines that may be offered in
655	conjunction with traditional health insurance and provide a more
656	appropriate means of spreading risk, financing costs, and
657	accessing favorable prices.
658	(4)  Upon completion of the negotiations for the compact,
659	the office shall report the results to the Governor, the
660	President of the Senate, and the Speaker of the House of
661	Representatives.
662	(5)  Beginning February 15, 2009, and continuing annually
663	thereafter, the Office of Insurance Regulation shall provide a
664	report to the Governor, the President of the Senate, and the
665	Speaker of the House of Representatives regarding the
666	implementation of the agreement negotiated under this section.
667	The report shall include:
668	(a)  The signatories to the agreement.
669	(b)  An analysis of the coverage provided under the
670	agreement in comparison to the coverage required under ss.
671	627.6686 and 641.31098.
672	(c)  An analysis of the compliance with the agreement by
673	the signatories, including documented cases of claims denied in
674	violation of the agreement.
675	(6)  The Office of Insurance Regulation shall continue to
676	monitor participation, compliance, and effectiveness of the
677	agreement and report its findings at least annually.
678	Section 13.  Section 627.6686, Florida Statutes, is created
679	to read:
680	627.6686  Coverage for individuals with developmental
681	disabilities required; exception.--
682	(1)  As used in this section, the term:
683	(a)  "Developmental disability" has the same meaning as
684	provided in s. 393.063, with the addition of autism spectrum
685	disorder.
686	(b)  "Eligible individual" means an individual under 18
687	years of age or an individual 18 years of age or older who is in
688	high school who has been diagnosed as having a developmental
689	disability at 8 years of age or younger.
690	(c)  "Health insurance plan" means a group health insurance
691	policy or group health benefit plan offered by an insurer which
692	includes the state group insurance program provided under s.
693	110.123. The term does not include any health insurance plan
694	offered in the individual market, any health insurance plan that
695	is individually underwritten, or any health insurance plan
696	provided to a small employer.
697	(d)  "Insurer" means an insurer providing health insurance
698	coverage, which is licensed to engage in the business of
699	insurance in this state and is subject to insurance regulation.
700	(2)  A health insurance plan issued or renewed on or after
701	July 1, 2009, shall provide coverage to an eligible individual
702	for:
703	(a)  Well-baby and well-child screening for diagnosing the
704	presence of a developmental disability.
705	(b)  Treatment of a developmental disability through speech
706	therapy, occupational therapy, physical therapy, and behavior
707	analysis services. Behavior analysis services shall be provided
708	by an individual certified pursuant to s. 393.17 or an
709	individual licensed under chapter 490 or chapter 491.
710	(3)  The coverage required pursuant to subsection (2) is
711	subject to the following requirements:
712	(a)  Coverage shall be limited to treatment that is
713	prescribed by the insured's treating physician in accordance
714	with a treatment plan.
715	(b)  Coverage for the services described in subsection (2)
716	shall be limited to $36,000 annually and may not exceed $108,000
717	in total lifetime benefits.
718	(c)  Coverage may not be denied on the basis that provided
719	services are habilitative in nature.
720	(d)  Coverage may be subject to other general exclusions
721	and limitations of the insurer's policy or plan, including, but
722	not limited to, coordination of benefits, participating provider
723	requirements, restrictions on services provided by family or
724	household members, and utilization review of health care
725	services, including the review of medical necessity, case
726	management, and other managed care provisions.
727	(4)  The coverage required pursuant to subsection (2) may
728	not be subject to dollar limits, deductibles, or coinsurance
729	provisions that are less favorable to an insured than the dollar
730	limits, deductibles, or coinsurance provisions that apply to
731	physical illnesses that are generally covered under the health
732	insurance plan, except as otherwise provided in subsection (3).
733	(5)  An insurer may not deny or refuse to issue coverage
734	for medically necessary services, refuse to contract with, or
735	refuse to renew or reissue or otherwise terminate or restrict
736	coverage for an individual because the individual is diagnosed
737	as having a developmental disability.
738	(6)  The treatment plan required pursuant to subsection (3)
739	shall include all elements necessary for the health insurance
740	plan to appropriately pay claims. These elements include, but
741	are not limited to, a diagnosis, the proposed treatment by type,
742	the frequency and duration of treatment, the anticipated
743	outcomes stated as goals, the frequency with which the treatment
744	plan will be updated, and the signature of the treating
745	physician.
746	(7)  Beginning January 1, 2011, the maximum benefit under
747	paragraph (3)(b) shall be adjusted annually on January 1 of each
748	calendar year to reflect any change from the previous year in
749	the medical component of the then current Consumer Price Index
750	for all urban consumers, published by the Bureau of Labor
751	Statistics of the United States Department of Labor.
752	(8)  This section may not be construed as limiting benefits
753	and coverage otherwise available to an insured under a health
754	insurance plan.
755	(9)  The Office of Insurance Regulation may not enforce
756	this section against an insurer that is a signatory no later
757	than July 1, 2009, to the developmental disabilities compact
758	established under s. 624.916. The Office of Insurance Regulation
759	shall enforce this section against an insurer that is a
760	signatory to the compact established under s. 624.916 if the
761	insurer has not complied with the terms of the compact for all
762	health insurance plans by July 1, 2010.
763	Section 14.  Section 641.31098, Florida Statutes, is
764	created to read:
765	641.31098  Coverage for individuals with developmental
766	disabilities.--
767	(1)  As used in this section, the term:
768	(a)  "Developmental disability" has the same meaning as
769	provided in s. 393.063, with the addition of autism spectrum
770	disorder.
771	(b)  "Eligible individual" means an individual under 18
772	years of age or an individual 18 years of age or older who is in
773	high school who has been diagnosed as having a developmental
774	disability at 8 years of age or younger.
775	(c)  "Health maintenance contract" means a group health
776	maintenance contract offered by a health maintenance
777	organization. This term does not include a health maintenance
778	contract offered in the individual market, a health maintenance
779	contract that is individually underwritten, or a health
780	maintenance contract provided to a small employer.
781	(2)  A health maintenance contract issued or renewed on or
782	after July 1, 2009, shall provide coverage to an eligible
783	individual for:
784	(a)  Well-baby and well-child screening for diagnosing the
785	presence of a developmental disability.
786	(b)  Treatment of a developmental disability through speech
787	therapy, occupational therapy, physical therapy, and behavior
788	analysis services. Behavior analysis services shall be provided
789	by an individual certified pursuant to s. 393.17 or an
790	individual licensed under chapter 490 or chapter 491.
791	(3)  The coverage required pursuant to subsection (2) is
792	subject to the following requirements:
793	(a)  Coverage shall be limited to treatment that is
794	prescribed by the subscriber's treating physician in accordance
795	with a treatment plan.
796	(b)  Coverage for the services described in subsection (2)
797	shall be limited to $36,000 annually and may not exceed $108,000
798	in total benefits.
799	(c)  Coverage may not be denied on the basis that provided
800	services are habilitative in nature.
801	(d)  Coverage may be subject to general exclusions and
802	limitations of the subscriber's contract, including, but not
803	limited to, coordination of benefits, participating provider
804	requirements, and utilization review of health care services,
805	including the review of medical necessity, case management, and
806	other managed care provisions.
807	(4)  The coverage required pursuant to subsection (2) may
808	not be subject to dollar limits, deductibles, or coinsurance
809	provisions that are less favorable to a subscriber than the
810	dollar limits, deductibles, or coinsurance provisions that apply
811	to physical illnesses that are generally covered under the
812	subscriber's contract, except as otherwise provided in
813	subsection (3).
814	(5)  A health maintenance organization may not deny or
815	refuse to issue coverage for medically necessary services,
816	refuse to contract with, or refuse to renew or reissue or
817	otherwise terminate or restrict coverage for an individual
818	solely because the individual is diagnosed as having a
819	developmental disability.
820	(6)  The treatment plan required pursuant to subsection (3)
821	shall include, but is not limited to, a diagnosis, the proposed
822	treatment by type, the frequency and duration of treatment, the
823	anticipated outcomes stated as goals, the frequency with which
824	the treatment plan will be updated, and the signature of the
825	treating physician.
826	(7)  Beginning January 1, 2011, the maximum benefit under
827	paragraph (3)(b) shall be adjusted annually on January 1 of each
828	calendar year to reflect any change from the previous year in
829	the medical component of the then current Consumer Price Index
830	for all urban consumers, published by the Bureau of Labor
831	Statistics of the United States Department of Labor.
832	(8)  The Office of Insurance Regulation may not enforce
833	this section against a health maintenance organization that is a
834	signatory no later than July 1, 2009, to the developmental
835	disabilities compact established under s. 624.916. The Office of
836	Insurance Regulation shall enforce this section against a health
837	maintenance organization that is a signatory to the compact
838	established under s. 624.916 if the health maintenance
839	organization has not complied with the terms of the compact for
840	all health maintenance contracts by July 1, 2010.
841	Section 15.  Subsections (1), (2), and (3), paragraph (a)
842	of subsection (4), paragraph (d) of subsection (8), and
843	paragraphs (a), (c), and (d) of subsection (10) of section
844	1002.39, Florida Statutes, are amended, subsections (11), (12),
845	and (13) are renumbered as subsections (13), (14), and (15),
846	respectively, and new subsections (11) and (12) are added to
847	that section, to read:
848	1002.39  The John M. McKay Scholarships for Students with
849	Disabilities Program.--There is established a program that is
850	separate and distinct from the Opportunity Scholarship Program
851	and is named the John M. McKay Scholarships for Students with
852	Disabilities Program.
853	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
854	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
855	Students with Disabilities Program is established to provide the
856	option to attend a public school other than the one to which
857	assigned, or to provide a scholarship to a private school of
858	choice, for students with disabilities for whom an individual
859	educational education plan has been written in accordance with
860	rules of the State Board of Education. Students with
861	disabilities include K-12 students who are documented as having
862	an intellectual disability a mental handicap, including
863	trainable, profound, or educable; a speech impairment; a or
864	language impairment; a hearing impairment, including deafness; a
865	visual impairment, including blindness; a dual sensory
866	impairment; an orthopedic a physical impairment or other health
867	impairment; a serious emotional disturbance, including an
868	emotional or behavioral disability handicap; a specific learning
869	disability, including, but not limited to, dyslexia,
870	dyscalculia, or developmental aphasia; a traumatic brain injury;
871	a developmental delay; or autism spectrum disorder.
872	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
873	a public school student with a disability who is dissatisfied
874	with the student's progress may request and receive from the
875	state a John M. McKay Scholarship for the child to enroll in and
876	attend a private school in accordance with this section if:
877	(a)  The student has either:
878	1.  Received early intervention services under the
879	Voluntary Prekindergarten Education Program pursuant to s.
880	1002.66 during the previous school year; or
881	2.  Spent the prior school year in attendance at a Florida
882	public school or the Florida School for the Deaf and the Blind.
883	For purposes of this subparagraph, prior school year in
884	attendance means that the student was:
885	1.  enrolled and reported by:
886	a.  A school district for funding during the preceding
887	October and February Florida Education Finance Program surveys
888	in kindergarten through grade 12, which shall include time spent
889	in a Department of Juvenile Justice commitment program if funded
890	under the Florida Education Finance Program;
891	b.2.  Enrolled and reported by The Florida School for the
892	Deaf and the Blind during the preceding October and February
893	student membership surveys in kindergarten through grade 12; or
894	c.3.  Enrolled and reported by A school district for
895	funding during the preceding October and February Florida
896	Education Finance Program surveys, was at least 4 years old when
897	so enrolled and reported, and was eligible for services under s.
898	1003.21(1)(e).
899
900	However, a dependent child of a member of the United States
901	Armed Forces who transfers to a school in this state from out of
902	state or from a foreign country pursuant to a parent's permanent
903	change of station orders is exempt from this paragraph but must
904	meet all other eligibility requirements to participate in the
905	program.
906	(b)  The parent has obtained acceptance for admission of
907	the student to a private school that is eligible for the program
908	under subsection (8) and has requested from the department a
909	scholarship at least 60 days prior to the date of the first
910	scholarship payment. The request must be through a communication
911	directly to the department in a manner that creates a written or
912	electronic record of the request and the date of receipt of the
913	request. The Department of Education must notify the district of
914	the parent's intent upon receipt of the parent's request.
915	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
916	not eligible for a John M. McKay Scholarship while he or she is:
917	(a)  Enrolled in a school operating for the purpose of
918	providing educational services to youth in Department of
919	Juvenile Justice commitment programs;
920	(b)  Receiving a corporate income tax credit scholarship
921	under s. 220.187;
922	(c)  Receiving an educational scholarship pursuant to this
923	chapter;
924	(d)  Participating in a home education program as defined
925	in s. 1002.01(1);
926	(e)  Participating in a private tutoring program pursuant
927	to s. 1002.43;
928	(f)  Participating in a virtual school, correspondence
929	school, or distance learning program that receives state funding
930	pursuant to the student's participation unless the participation
931	is limited to no more than two courses per school year;
932	(g)  Enrolled in the Florida School for the Deaf and the
933	Blind; or
934	(h)  Not having regular and direct contact with his or her
935	private school teachers at the school's physical location,
936	except as provided in subsection (11).
937	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
938	(a)  For purposes of continuity of educational choice, a
939	John M. McKay Scholarship shall remain in force until the
940	student enrolls in returns to a public school, graduates from
941	high school, or reaches the age of 22, whichever occurs first.
942	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
943	eligible to participate in the John M. McKay Scholarships for
944	Students with Disabilities Program, a private school may be
945	sectarian or nonsectarian and must:
946	(d)  Maintain in this state a physical location where a
947	scholarship student regularly attends classes or where it
948	provides case management services under subsection (11).
949
950	The inability of a private school to meet the requirements of
951	this subsection shall constitute a basis for the ineligibility
952	of the private school to participate in the scholarship program
953	as determined by the department.
954	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
955	(a)1.  The maximum scholarship granted for an eligible
956	student with disabilities shall be a calculated amount
957	equivalent to the base student allocation in the Florida
958	Education Finance Program multiplied by the appropriate cost
959	factor for the educational program that would have been provided
960	for the student in the district school to which he or she was
961	assigned, multiplied by the district cost differential.
962	2.  In addition, a share of the guaranteed allocation for
963	exceptional students shall be determined and added to the
964	calculated amount. The calculation shall be based on the
965	methodology and the data used to calculate the guaranteed
966	allocation for exceptional students for each district in chapter
967	2000-166, Laws of Florida. Except as provided in subparagraphs
968	3. and 4., the calculation shall be based on the student's
969	grade, matrix level of services, and the difference between the
970	2000-2001 basic program and the appropriate level of services
971	cost factor, multiplied by the 2000-2001 base student allocation
972	and the 2000-2001 district cost differential for the sending
973	district. Also, the calculated amount shall include the per-
974	student share of supplemental academic instruction funds,
975	instructional materials funds, technology funds, and other
976	categorical funds as provided for such purposes in the General
977	Appropriations Act.
978	3.  The calculated scholarship amount for a student who is
979	eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
980	shall be calculated as provided in subparagraphs 1. and 2.
981	However, the calculation shall be based on the school district
982	in which the parent resides at the time of the scholarship
983	request.
984	4.  Until the school district completes the matrix required
985	by paragraph (5)(b), the calculation shall be based on the
986	matrix that assigns the student to support level I of service as
987	it existed prior to the 2000-2001 school year. When the school
988	district completes the matrix, the amount of the payment shall
989	be adjusted as needed.
990	(c)1.  The school district shall report all students who
991	are attending a private school under this program. The students
992	with disabilities attending private schools on John M. McKay
993	Scholarships shall be reported separately from other students
994	reported for purposes of the Florida Education Finance Program.
995	2.  For program participants who are eligible under sub-
996	subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
997	district that is used as the basis for the calculation of the
998	scholarship amount as provided in subparagraph (a)3. shall:
999	a.  Report to the department all such students who are
1000	attending a private school under this program.
1001	b.  Be held harmless for such students from the weighted
1002	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
1003	during the first school year in which the students are reported.
1004	(d)  Following notification on July 1, September 1,
1005	December 1, or February 1 of the number of program participants,
1006	the department shall transfer, from General Revenue funds only,
1007	the amount calculated under paragraph (b) from the school
1008	district's total funding entitlement under the Florida Education
1009	Finance Program and from authorized categorical accounts to a
1010	separate account for the scholarship program for quarterly
1011	disbursement to the parents of participating students. Funds may
1012	not be transferred from any funding provided to the Florida
1013	School for the Deaf and the Blind for program participants who
1014	are eligible under sub-subparagraph (2)(a)2.b. subparagraph
1015	(2)(a)2. For a student exiting a Department of Juvenile Justice
1016	commitment program who chooses to participate in the scholarship
1017	program, the amount of the John M. McKay Scholarship calculated
1018	pursuant to paragraph (b) shall be transferred from the school
1019	district in which the student last attended a public school
1020	prior to commitment to the Department of Juvenile Justice. When
1021	a student enters the scholarship program, the department must
1022	receive all documentation required for the student's
1023	participation, including the private school's and student's fee
1024	schedules, at least 30 days before the first quarterly
1025	scholarship payment is made for the student.
1026	(11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
1027	student eligible for a scholarship under this section may
1028	receive regular and direct instruction and services from a
1029	private school at a site other than the school's physical
1030	location if the following criteria are met:
1031	(a)  The student's parent provides a notarized statement
1032	from the medical doctor or psychologist treating the student's
1033	disability which certifies that the student's welfare or the
1034	welfare of other students in the classroom will be jeopardized
1035	if the student is required to regularly attend class at the
1036	school's physical location. Such notarized statement must be:
1037	1.  Annually provided to the department at least 60 days
1038	prior to the date of the first scholarship payment for each
1039	school year.
1040	2.  Based on an annual review of the student's disability
1041	by the student's medical doctor or psychologist.
1042	(b)  The private school serving the student:
1043	1.  Employs or contracts with a case manager who
1044	coordinates and monitors the student's instruction and services,
1045	reviews and maintains the documentation submitted under
1046	subparagraph 2., and provides the student's parent and private
1047	school with monthly reports on the student's progress.
1048	2.  Requires private school employees or contracted
1049	personnel who provide regular and direct instruction or services
1050	to a student at a site other than the private school's physical
1051	location to submit to the case manager documentation of the
1052	instruction, services, and progress of the student.
1053	3.  Notifies the department of each student subject to this
1054	subsection.
1055	(12)  RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who
1056	received a scholarship under this section in the 2005-2006
1057	school year, but who was unable to receive a scholarship in the
1058	2006-2007 school year due to the regular and direct contact
1059	requirement in paragraph (3)(h), is eligible for a scholarship
1060	in the 2008-2009 school year if the student:
1061	(a)  Demonstrates that he or she would have met the
1062	criteria of paragraph (11)(a) at the time of his or her 2006-
1063	2007 scholarship.
1064	(b)  Satisfies the requirements for a scholarship under
1065	this section other than the prior school year attendance
1066	requirement in paragraph (2)(a).
1067	Section 16.  Subsections (2) through (5) of section
1068	1002.51, Florida Statutes, are renumbered as subsections (3)
1069	through (6), respectively, and a new subsection (2) is added to
1070	that section to read:
1071	1002.51  Definitions.--As used in this part, the term:
1072	(2)  "Early intervention service provider" means a provider
1073	delivering early intervention services under s. 1002.66.
1074	Section 17.  Subsections (1) and (3) of section 1002.53,
1075	Florida Statutes, are amended to read:
1076	1002.53  Voluntary Prekindergarten Education Program;
1077	eligibility and enrollment.--
1078	(1)  There is created the Voluntary Prekindergarten
1079	Education Program, which. The program shall take effect in each
1080	county at the beginning of the 2005-2006 school year and shall
1081	be organized, designed, and delivered in accordance with s. 1(b)
1082	and (c), Art. IX of the State Constitution.
1083	(3)  The parent of each child eligible under subsection (2)
1084	may enroll the child in one of the following programs:
1085	(a)  A school-year prekindergarten program delivered by a
1086	private prekindergarten provider under s. 1002.55;
1087	(b)  A summer prekindergarten program delivered by a public
1088	school or private prekindergarten provider under s. 1002.61; or
1089	(c)  A school-year prekindergarten program delivered by a
1090	public school, if offered by a school district that is eligible
1091	under s. 1002.63; or
1092	(d)  Beginning with the 2010-2011 school year, a
1093	prekindergarten program of early intervention services, if the
1094	child is eligible for the program under s. 1002.66.
1095
1096	Except as provided in s. 1002.71(4), a child may not enroll in
1097	more than one of these programs.
1098	Section 18.  Section 1002.66, Florida Statutes, is created
1099	to read:
1100	1002.66  Prekindergarten program of early intervention
1101	services.--
1102	(1)  Beginning with the 2010-2011 school year, a child who
1103	enrolls with the early learning coalition under s. 1002.53(3)(d)
1104	is eligible for a prekindergarten program of early intervention
1105	services if:
1106	(a)  The child is eligible for the Voluntary
1107	Prekindergarten Education Program under s. 1002.53(2); and
1108	(b)  A current individual educational plan has been
1109	developed for the child in accordance with State Board of
1110	Education rule and the plan indicates the child's need for
1111	multiple and intensive services, delivered weekly or daily, to
1112	address the child's development of the following skills:
1113	1.  Social skills, including replacement of problematic
1114	behaviors with more conventional and appropriate behaviors;
1115	2.  Communication skills, including the development of a
1116	functional communication system;
1117	3.  Fine and gross motor skills;
1118	4.  Cognitive skills, including basic concepts and
1119	developmentally appropriate pre-academic skills; and
1120	5.  Independent organizational skills and other behaviors
1121	necessary for future success in the typical educational
1122	environment.
1123
1124	If a child's individual educational plan indicates that the
1125	child meets the eligibility requirements for a prekindergarten
1126	program of early intervention services under this paragraph, the
1127	school district shall record the child's eligibility on a form,
1128	or otherwise in the format, developed by the Department of
1129	Education in consultation with the Agency for Workforce
1130	Innovation.
1131	(2)  The parent of a child who is eligible for a
1132	prekindergarten program under this section may select one or
1133	more early intervention services that the child's individual
1134	educational plan indicates is appropriate for the child. These
1135	early intervention services may include, but are not limited to:
1136	(a)  Applied behavior analysis.
1137	(b)  Speech-language pathology.
1138	(c)  Occupational therapy.
1139	(d)  Physical therapy.
1140	(3)  The early intervention services provided for a child
1141	under this section must be delivered according to professionally
1142	accepted standards and must, in accordance with the performance
1143	standards adopted by the department under s. 1002.67, address
1144	the age-appropriate progress of the child in the development of
1145	the capabilities, capacities, and skills required under s. 1(b),
1146	Art. IX of the State Constitution.
1147	(4)  Each Center for Autism and Related Disabilities
1148	established under s. 1004.55 shall, within the center's region,
1149	approve early intervention service providers whose services meet
1150	the standards in subsection (3), maintain a list of approved
1151	providers, and notify each school district and early learning
1152	coalition in the center's region of the approved provider list.
1153	Upon the request of a child's parent, a Center for Autism and
1154	Related Disabilities may approve an early intervention service
1155	provider that is not on the approved list if the provider's
1156	services meet the standards in subsection (3) and the child's
1157	individual educational plan indicates that the services are
1158	appropriate for the child.
1159	(5)  From the funds allocated to the early learning
1160	coalition for the Voluntary Prekindergarten Education Program,
1161	the coalition shall reimburse an approved early intervention
1162	service provider for authorized services provided for an
1163	eligible child, except that the cumulative total of services
1164	reimbursed for a child may not exceed the amount of the base
1165	student allocation provided for the Voluntary Prekindergarten
1166	Education Program in the General Appropriations Act.
1167	Section 19.  Paragraph (a) of subsection (4) of section
1168	1002.71, Florida Statutes, is amended to read:
1169	1002.71  Funding; financial and attendance reporting.--
1170	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
1171	(a)  A child who, for any of the prekindergarten programs
1172	listed in s. 1002.53(3), has not completed more than 10 percent
1173	of the hours authorized to be reported for funding under
1174	subsection (2), or has not expended more than 10 percent of the
1175	funds authorized for the child under s. 1002.66, may withdraw
1176	from the program for good cause, reenroll in one of the
1177	programs, and be reported for funding purposes as a full-time
1178	equivalent student in the program for which the child is
1179	reenrolled.
1180
1181	A child may reenroll only once in a prekindergarten program
1182	under this section. A child who reenrolls in a prekindergarten
1183	program under this subsection may not subsequently withdraw from
1184	the program and reenroll. The Agency for Workforce Innovation
1185	shall establish criteria specifying whether a good cause exists
1186	for a child to withdraw from a program under paragraph (a),
1187	whether a child has substantially completed a program under
1188	paragraph (b), and whether an extreme hardship exists which is
1189	beyond the child's or parent's control under paragraph (b).
1190	Section 20.  Paragraph (d) of subsection (2) of section
1191	1002.73, Florida Statutes, is redesignated as paragraph (e) and
1192	a new paragraph (d) is added to that subsection to read:
1193	1002.73  Department of Education; powers and duties;
1194	accountability requirements.--
1195	(2)  The department shall adopt procedures for the
1196	department's:
1197	(d)  Development, in consultation with the Agency for
1198	Workforce Innovation, of the form or format for recording a
1199	child's eligibility for early intervention services under s.
1200	1002.66(1)(b).
1201	Section 21.  Paragraphs (a) and (f) of subsection (2) of
1202	section 1002.75, Florida Statutes, are amended to read:
1203	1002.75  Agency for Workforce Innovation; powers and
1204	duties; operational requirements.--
1205	(2)  The Agency for Workforce Innovation shall adopt
1206	procedures governing the administration of the Voluntary
1207	Prekindergarten Education Program by the early learning
1208	coalitions and school districts for:
1209	(a)  Enrolling children in and determining the eligibility
1210	of children for the Voluntary Prekindergarten Education Program
1211	under ss. 1002.53 and 1002.66 s. 1002.53.
1212	(f)  Paying private prekindergarten providers, and public
1213	schools, and early intervention service providers under ss.
1214	1002.66 and 1002.71 s. 1002.71.
1215	Section 22.  Effective upon this act becoming a law,
1216	section 1004.55, Florida Statutes, is amended to read:
1217	1004.55  Regional autism Centers for Autism and Related
1218	Disabilities.--
1219	(1)  Seven regional autism Centers for Autism and Related
1220	Disabilities are established to provide nonresidential resource
1221	and training services for:
1222	(a)  Children younger than 5 years of age who have:
1223	1.  An autism spectrum disorder; a genetic or metabolic
1224	disorder; a neurological disorder; a severe attachment disorder;
1225	a hearing impairment, including deafness; a visual impairment,
1226	including blindness; or dual sensory impairment; or
1227	2.  A developmental delay in cognition; physical or motor
1228	development, including hearing or vision; communication; social
1229	or emotional development; or adaptive development.
1230	(b)  Persons 5 years of age or older who have an autism
1231	spectrum disorder or a severe communication disorder persons of
1232	all ages and of all levels of intellectual functioning who have
1233	autism, as defined in s. 393.063; who have a pervasive
1234	developmental disorder that is not otherwise specified; who have
1235	an autistic-like disability; who have a dual sensory impairment;
1236	or who have a sensory impairment with other handicapping
1237	conditions.
1238	(2)  Each center shall be operationally and fiscally
1239	independent and shall provide services within its geographical
1240	region of the state. Service delivery shall be consistent for
1241	all centers. Each center shall coordinate services within and
1242	between state and local agencies and school districts but may
1243	not duplicate services provided by those agencies or school
1244	districts. The respective locations and service areas of the
1245	centers are:
1246	(a)  The Department of Communication Disorders at Florida
1247	State University, which serves Bay, Calhoun, Escambia, Franklin,
1248	Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
1249	Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
1250	Washington Counties.
1251	(b)  The College of Medicine at the University of Florida,
1252	which serves Alachua, Bradford, Citrus, Columbia, Dixie,
1253	Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam,
1254	Suwannee, and Union Counties.
1255	(c)  The University of Florida Health Science Center at
1256	Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau,
1257	and St. Johns Counties.
1258	(d)  The Louis de la Parte Florida Mental Health Institute
1259	at the University of South Florida, which serves Charlotte,
1260	Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
1261	Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota
1262	Counties.
1263	(e)  The Mailman Center for Child Development and the
1264	Department of Psychology at the University of Miami, which
1265	serves Broward, Dade, and Monroe Counties.
1266	(f)  The College of Health and Public Affairs at the
1267	University of Central Florida, which serves Brevard, Lake,
1268	Orange, Osceola, Seminole, Sumter, and Volusia Counties.
1269	(g)  The Department of Exceptional Student Education at
1270	Florida Atlantic University, which serves Palm Beach, Martin,
1271	St. Lucie, Okeechobee, and Indian River Counties.
1272	(3)(2)  There is established for each center a constituency
1273	board, which shall work collaboratively with the center. Each
1274	board shall consist of no fewer than six members, each of whom
1275	is either an individual who has an autism spectrum disorder or
1276	another a disability that is described in subsection (1) or is a
1277	member of a family that includes a person who has such a
1278	disability, who are selected by each university president from a
1279	list that has been developed by the Autism Society of Florida
1280	and other relevant constituency groups that represent persons
1281	who have an autism spectrum disorder or another disability
1282	sensory impairments as described in subsection (1). As
1283	representatives of the center's constituencies, these boards
1284	shall meet quarterly with the staff of each of the centers to
1285	provide advice on policies, priorities, and activities. Each
1286	board shall submit to the university president and to the
1287	Department of Education an annual report that evaluates the
1288	activities and accomplishments of its center during the year.
1289	The board for each center should raise funds equivalent to 2
1290	percent of the total funds allocated to that center in each
1291	fiscal year.
1292	(4)(3)  To promote statewide planning and coordination, a
1293	conference must be held annually for staff from each of the
1294	seven centers and representatives from each center's
1295	constituency board. The purpose of the conference is to
1296	facilitate coordination, networking, cross-training, and
1297	feedback among the staffs and constituency boards of the
1298	centers.
1299	(5)(4)(a)  Each center shall provide:
1300	1.  A staff that has expertise in autism spectrum disorder
1301	and the other disabilities described in subsection (1) autistic-
1302	like behaviors and in sensory impairments.
1303	2.  Individual and direct family assistance in the home,
1304	community, and school. A center's assistance should not supplant
1305	other responsibilities of state and local agencies, and each
1306	school district is responsible for providing an appropriate
1307	education program for clients of a center who are school age.
1308	3.  Technical assistance and consultation services,
1309	including specific intervention and assistance for a client of
1310	the center, the client's family, and the school district, and
1311	any other services that are appropriate.
1312	4.  Professional training programs that include developing,
1313	providing, and evaluating preservice and inservice training in
1314	state-of-the-art practices for personnel who work with the
1315	populations served by the centers and their families.
1316	5.  Public education programs to increase awareness of the
1317	public about autism spectrum disorder and the other disabilities
1318	described in subsection (1), autistic-related disabilities of
1319	communication and behavior, dual sensory impairments, and
1320	sensory impairments with other handicapping conditions.
1321	6.  Coordination of regional learning gateways established
1322	in accordance with s. 1006.80.
1323	7.  Approval of early intervention service providers for
1324	prekindergarten programs for children with disabilities in
1325	accordance with s. 1002.66.
1326	(b)  Effective October 1, 2008, a center that is not
1327	designated a medical model for the treatment of autism spectrum
1328	disorder under s. 1006.82 may not provide direct medical
1329	intervention or pharmaceutical intervention is prohibited in any
1330	center on or after July 1, 2008.
1331	(6)(5)  The State Board of Education, in cooperation with
1332	the regional autism Centers for Autism and Related Disabilities,
1333	shall adopt the necessary rules to carry out the purposes of
1334	this section.
1335	Section 23.  Effective upon this act becoming a law,
1336	subsection (1), paragraph (b) of subsection (2), and subsections
1337	(3) and (4) of section 1006.03, Florida Statutes, are amended to
1338	read:
1339	1006.03  Florida Diagnostic and Learning Resources System;
1340	regional resource centers.--
1341	(1)  The department shall maintain the Florida Diagnostic
1342	and Learning Resources System, which shall be comprised of a
1343	network of regional diagnostic and learning resources resource
1344	centers for exceptional students. The regional centers shall, to
1345	assist in the provision of medical, physiological,
1346	psychological, and educational testing and other services
1347	designed to evaluate and diagnose exceptionalities, to make
1348	referrals for necessary instruction and services, and to
1349	facilitate the provision of instruction and services to
1350	exceptional students. The department shall cooperate with the
1351	Department of Children and Family Services and the Centers for
1352	Autism and Related Disabilities in identifying service needs and
1353	areas.
1354	(2)  Within its identified service area, each regional
1355	center shall:
1356	(b)  Assist in the provision of services for exceptional
1357	children, using to the maximum, but not supplanting, the
1358	existing facilities and services of each school district.
1359	(3)  Regional diagnostic and learning resources resource
1360	centers may provide testing and evaluation services to private
1361	school students and other children who are not enrolled in
1362	public schools.
1363	(4)  Regional diagnostic and learning resources resource
1364	centers may assist districts in providing testing and evaluation
1365	services for infants and preschool children with or at risk of
1366	developing disabilities, and may assist districts in providing
1367	interdisciplinary training and resources to parents of infants
1368	and preschool children with or at risk of developing
1369	disabilities and to early learning school readiness programs.
1370	Section 24.  Effective upon this act becoming a law, part
1371	III of chapter 1006, Florida Statutes, shall be entitled
1372	"Learning Gateway" and shall consist of sections 1006.80 and
1373	1006.82, Florida Statutes.
1374	Section 25.  Effective upon this act becoming a law,
1375	section 1006.80, Florida Statutes, is created to read:
1376	1006.80  Regional learning gateways.--The Centers for
1377	Autism and Related Disabilities established under s. 1004.55, in
1378	collaboration with the Department of Education and the Florida
1379	Diagnostic and Learning Resources System, shall establish a
1380	statewide system of learning gateways. The system must include
1381	the establishment of a learning gateway in the geographic region
1382	of each center. Each region's leaning gateway shall:
1383	(1)  Establish a single point of access for referral to the
1384	appropriate agencies for the screening and assessment of
1385	children younger than 5 years of age for disabilities,
1386	conducting diagnostic evaluations for children with suspected
1387	disabilities, and referring children with disabilities for early
1388	intervention services and early learning programs.
1389	(2)  Designate a central telephone number in the center's
1390	region, and an Internet website, for parents, practitioners, and
1391	providers to obtain information about services available through
1392	the learning gateway, screenings, assessments, diagnostic
1393	evaluations, early intervention services, and early learning
1394	programs for children with disabilities.
1395	(3)  Provide followup contact for families whose children
1396	are determined ineligible for services under Part B or Part C of
1397	the federal Individuals with Disabilities Education Act.
1398	(4)  Provide interagency coordination in the center's
1399	region among the regional offices of state agencies, including
1400	offices of the Division of Children's Medical Services Network
1401	of the Department of Health; regional diagnostic and learning
1402	resources centers; diagnostic and learning resources centers at
1403	state universities; school districts; early learning coalitions;
1404	county and municipal agencies; community agencies and
1405	organizations; and public and private providers of early
1406	intervention services and early learning programs, in order to
1407	develop and implement strategies to reduce a child's waiting
1408	time for services, reduce interagency duplication, and reduce
1409	interagency differences in eligibility criteria for services and
1410	programs which cause cross-agency screenings, assessments, and
1411	diagnostic evaluations.
1412	(5)  Facilitate the integration of services, linkages among
1413	providers, and the array of services required to address the
1414	needs of children and families.
1415	(6)  Improve community awareness and education for parents
1416	and practitioners about the developmental milestones, and the
1417	warning signs or precursors of disabilities, exhibited by
1418	children younger than 5 years of age.
1419	(7)  Provide training and technical assistance for parents,
1420	practitioners, and providers.
1421	Section 26.  Effective upon this act becoming a law,
1422	section 1006.82, Florida Statutes, is created to read:
1423	1006.82  State Learning Gateway Council.--
1424	(1)  There is created the State Learning Gateway Council,
1425	which is assigned to the Department of Education for
1426	administrative purposes. The council is composed of the
1427	following agency heads, and officers of the following
1428	organizations, or their permanent designees:
1429	(a)  Secretary of Children and Family Services.
1430	(b)  Director of the Agency for Persons with Disabilities.
1431	(c)  Director of Workforce Innovation.
1432	(d)  State Surgeon General.
1433	(e)  Secretary of Health Care Administration.
1434	(f)  Commissioner of Education.
1435	(g)  The director of a regional diagnostic and learning
1436	resources center appointed by the Commissioner of Education.
1437	(h)  The director of a diagnostic and learning resources
1438	center at a state university, selected from among the directors
1439	of the university centers.
1440	(i)  Chair of the Florida Early Learning Advisory Council.
1441	(j)  President of the Autism Society of Florida.
1442	(k)  President of the Florida Association for Behavioral
1443	Analysis.
1444	(l)  President of the Florida Pediatric Society.
1445	(m)  President of the Florida Psychological Association.
1446	(2)  The council shall select a chair from among its
1447	members. An executive director of a Center for Autism and
1448	Related Disabilities, selected from among the executive
1449	directors of the centers, shall serve as the council's executive
1450	director.
1451	(3)(a)  The council shall coordinate the statewide
1452	implementation of regional learning gateways and shall advise
1453	the Legislature, the Governor, and the agencies represented by
1454	the council's members on the system of regional learning
1455	gateways.
1456	(b)  Each Center for Autism and Related Disabilities shall
1457	submit an implementation plan to the council for the region's
1458	learning gateway by January 15, 2009. The plan must include the
1459	center's proposed expenditures for implementation of the
1460	regional learning gateway.
1461	(c)  The council may designate a Center for Autism and
1462	Related Disabilities on the main campus, or at any branch campus
1463	or center, of the University of Florida, as a medical model for
1464	the treatment of autism spectrum disorder, if the center
1465	demonstrates a unique community need for such treatment in the
1466	center's region. A center designated as a medical model shall,
1467	by October 1 of each year, submit an annual report to the
1468	council. Each annual report must summarize the center's
1469	activities related to the treatment of autism spectrum disorder,
1470	including the center's expenditures for those services, for the
1471	prior state fiscal year.
1472	(4)(a)  The agencies represented by the council's
1473	membership shall enter into an interagency agreement to provide
1474	staffing and administrative support for the council.
1475	(b)  Members of the council shall serve without
1476	compensation but are entitled to per diem and travel expenses
1477	for required attendance at council meetings in accordance with
1478	the provisions of s. 112.061. Each council member is subject to
1479	the Code of Ethics for Public Officers and Employees under part
1480	III of chapter 112.
1481	(5)(a)  The council may use any method of
1482	telecommunications to conduct meetings, including establishing a
1483	quorum through telecommunications, if the public is given proper
1484	notice of a telecommunications meeting and reasonable access to
1485	observe and, when appropriate, participate.
1486	(b)  The council appointments shall be made, and the
1487	council shall conduct its initial meeting, within 45 days after
1488	the effective date of this section.
1489	Section 27.  Effective upon this act becoming a law,
1490	sections 411.226, 411.227, and 411.228, Florida Statutes, are
1491	repealed.
1492	Section 28.  Except as otherwise expressly provided in
1493	this act, this act shall take effect July 1, 2008.
1494
1495
1496
1497	-----------------------------------------------------
1498	T I T L E  A M E N D M E N T
1499	Remove the entire title and insert:
1500	A bill to be entitled
1501	An act relating to children with disabilities; creating
1502	the "Window of Opportunity Act"; amending s. 391.026,
1503	F.S.; requiring the Department of Health to provide
1504	certain services under contract to the Florida Healthy
1505	Kids Corporation; specifying that children served under
1506	such contract are not enrollees of Children's Medical
1507	Services; amending 393.063, F.S.; revising the definition
1508	of the term "developmental disability"; providing a
1509	definition of the term "Down syndrome"; amending s.
1510	409.8132, F.S.; revising provisions relating to enrollment
1511	in the Medikids program component of Florida Kidcare;
1512	providing for the Agency for Health Care Administration to
1513	assign family members to the same managed care plan or
1514	Medicaid provider, under certain circumstances; amending
1515	s. 409.8134, F.S.; providing eligibility criteria for
1516	enrollment for premium assistance; providing for
1517	enrollment without premium assistance in the Florida
1518	Kidcare program during open enrollment periods; providing
1519	limitations on year-round enrollment for premium
1520	assistance; specifying a time period for enrollees not
1521	eligible for premium assistance to enroll in the Florida
1522	Healthy Kids program; providing exceptions; providing for
1523	certain enrollees to transfer to the Healthy Kids program
1524	under certain circumstances; authorizing the board of
1525	directors of the Florida Healthy Kids Corporation to take
1526	certain actions to reduce projected costs of the program
1527	under certain circumstances; amending s. 409.814, F.S.;
1528	revising conditions for eligibility for premium assistance
1529	for the Florida Kidcare Program; providing limitations on
1530	enrollment in the Medikids program after January 1, 2009;
1531	providing for enrollment of new applicants in the Florida
1532	Healthy Kids program; revising duties of the board of
1533	directors of the Florida Healthy Kids Corporation
1534	regarding enrollment limitations; providing for
1535	notification to certain managed care plans or MediPass
1536	providers prior to termination of a child's eligibility
1537	for Florida Kidcare; providing for certain information
1538	relating to eligibility to be obtained electronically;
1539	providing an exemption from certain requirements for
1540	individuals who pay the full cost of the Florida Kidcare
1541	premium; amending s. 409.815, F.S.; revising provisions
1542	relating to health benefits coverage for specified
1543	services to include habilitative and behavior analysis
1544	services; providing definitions; limiting the lifetime
1545	maximum of health benefits coverage for certain services;
1546	amending s. 409.818, F.S.; revising timeframe for
1547	redetermination or reverification of eligibility for
1548	Florida Kidcare; amending s. 409.906, F.S.; authorizing
1549	the Agency for Health Care Administration to seek federal
1550	approval through a state plan amendment to provide home
1551	and community-based services for autism spectrum disorder
1552	and other development disabilities; specifying eligibility
1553	criteria; specifying limitations on provision of benefits;
1554	requiring reports to the Legislature; requiring
1555	legislative approval for implementation of certain
1556	provisions; creating s. 456.0291, F.S.; authorizing
1557	certain licensing boards to require special continuing
1558	education on developmental disabilities for certain
1559	licensees and certificateholders; providing penalties;
1560	providing rulemaking authority; requiring the Department
1561	of Health to develop and implement a plan to promote
1562	awareness of developmental disabilities, with a focus on
1563	autism spectrum disorder; amending s. 624.91, F.S.;
1564	revising legislative intent; requiring the Florida Healthy
1565	Kids Corporation to provide information relating to costs
1566	and utilization of full-pay and Title XXI subsidized
1567	populations enrolled in Florida Healthy Kids health
1568	benefits coverage plans; establishing an assignment
1569	process; requiring the corporation to provide a report by
1570	October 31, 2008, to the Governor and Legislature that
1571	includes an analysis of the projected impact on premiums
1572	resulting from the provision of additional services;
1573	requiring the corporation to provide a quarterly
1574	assessment of costs and utilization of services for
1575	Florida Healthy Kids benefit plans to the Governor and
1576	Legislature; creating s. 624.916, F.S.; directing the
1577	Office of Insurance Regulation to establish a workgroup to
1578	develop and execute a compact relating to coverage for
1579	insured persons with development disabilities; providing
1580	for membership of the workgroup; requiring the workgroup
1581	to convene within a specified period of time; directing
1582	the office to establish a consumer advisory workgroup and
1583	providing purpose thereof; requiring the compact to
1584	contain specified components; requiring reports to the
1585	Governor and the Legislature; creating s. 627.6686, F.S.;
1586	providing health insurance coverage for individuals with
1587	developmental disabilities; providing definitions;
1588	providing coverage for certain screening to diagnose and
1589	treat developmental disabilities; providing limitations on
1590	coverage; providing for eligibility standards for benefits
1591	and coverage; prohibiting insurers from denying coverage
1592	under certain circumstances; specifying required elements
1593	of a treatment plan; providing, beginning January 1, 2011,
1594	that the maximum benefit shall be adjusted annually;
1595	clarifying that the section may not be construed as
1596	limiting benefits and coverage otherwise available to an
1597	insured under a health insurance plan; prohibiting the
1598	Office of Insurance Regulation from enforcing certain
1599	provisions against insurers that are signatories to the
1600	developmental disabilities compact by a specified date;
1601	creating s. 641.31098, F.S.; providing coverage under a
1602	health maintenance contract for individuals with
1603	developmental disabilities; providing definitions;
1604	providing coverage for certain screening to diagnose and
1605	treat developmental disabilities; providing limitations on
1606	coverage; providing for eligibility standards for benefits
1607	and coverage; prohibiting health maintenance organizations
1608	from denying coverage under certain circumstances;
1609	specifying required elements of a treatment plan;
1610	providing, beginning January 1, 2011, that the maximum
1611	benefit shall be adjusted annually; prohibiting the Office
1612	of Insurance Regulation from enforcing certain provisions
1613	against health maintenance organizations that are
1614	signatories to the developmental disabilities compact by a
1615	specified date; amending s. 1002.39, F.S., relating to the
1616	John M. McKay Scholarships for Students with Disabilities
1617	Program; revising the terminology used to identify
1618	students with certain disabilities; authorizing students
1619	who receive certain services under the Voluntary
1620	Prekindergarten Education Program to receive a John M.
1621	McKay Scholarship; conforming cross-references; permitting
1622	students to receive scholarship services at locations
1623	other than the private school's site under specified
1624	conditions; providing retroactive eligibility for
1625	scholarships under certain circumstances; amending s.
1626	1002.51, F.S.; revising definitions for the Voluntary
1627	Prekindergarten Education Program; amending s. 1002.53 and
1628	creating s. 1002.66, F.S.; establishing a prekindergarten
1629	program option for early intervention services; providing
1630	eligibility criteria for early intervention services;
1631	requiring the Department of Education to develop forms;
1632	providing for the approval of early intervention service
1633	providers; authorizing the expenditure of funds for early
1634	intervention services; amending s. 1002.71, F.S.;
1635	authorizing a child participating in a prekindergarten
1636	program for children with disabilities to reenroll in
1637	another program option under certain conditions; amending
1638	ss. 1002.73 and 1002.75, F.S.; revising the powers and
1639	duties of the Department of Education and Agency for
1640	Workforce Innovation for prekindergarten programs;
1641	amending s. 1004.55, F.S.; redesignating regional autism
1642	centers as Centers for Autism and Related Disabilities;
1643	revising terminology and duties of the regional autism
1644	centers; revising date that regional autism centers are
1645	prohibited from providing direct medical intervention or
1646	pharmaceutical intervention and providing an exception for
1647	a center designated a medical model by the State Learning
1648	Gateway Council; amending s. 1006.03, F.S.; requiring the
1649	Department of Education to maintain the Florida Diagnostic
1650	and Learning Resources System; revising duties of regional
1651	diagnostic and learning resources centers; creating part
1652	III of chapter 1006, F.S., relating to the Learning
1653	Gateway; creating s. 1006.80, F.S.; requiring Centers for
1654	Autism and Related Disabilities to establish a statewide
1655	system of learning gateways; specifying functions of
1656	learning gateways; creating s. 1006.82, F.S.; establishing
1657	the State Learning Gateway Council; assigning the council
1658	to the Department of Education for administrative
1659	purposes; specifying the membership of the council;
1660	providing for selection of the council's chair and
1661	executive director; prescribing the council's duties;
1662	requiring the Centers for Autism and Related Disabilities
1663	to submit an implementation plan by a specified date;
1664	authorizing the council to designate a center at the
1665	University of Florida as a medical model under certain
1666	circumstances; requiring a center designated as a medical
1667	model to submit an annual report; repealing ss. 411.226,
1668	411.227, and 411.228, F.S., relating to the Learning
1669	Gateway, components of the Learning Gateway, and
1670	accountability; providing effective dates.

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