Florida Senate - 2009                                    SB 1300
       
       
       
       By Senator Joyner
       
       
       
       
       18-00157A-09                                          20091300__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid assistance for breast and
    3         cervical cancer treatment; amending s. 409.904, F.S.;
    4         authorizing Medicaid reimbursement for medical
    5         assistance provided to certain persons for treatment
    6         of breast or cervical cancer; revising eligibility
    7         standards for certain Medicaid optional medical
    8         assistance; providing definitions; providing an
    9         effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsection (9) of section 409.904, Florida
   14  Statutes, is amended to read:
   15         409.904 Optional payments for eligible persons.—The agency
   16  may make payments for medical assistance and related services on
   17  behalf of the following persons who are determined to be
   18  eligible subject to the income, assets, and categorical
   19  eligibility tests set forth in federal and state law. Payment on
   20  behalf of these Medicaid eligible persons is subject to the
   21  availability of moneys and any limitations established by the
   22  General Appropriations Act or chapter 216.
   23         (9)(a) Eligible women with incomes at or below 200 percent
   24  of the federal poverty level and under age 65, for cancer
   25  treatment pursuant to the federal Breast and Cervical Cancer
   26  Prevention and Treatment Act of 2000, screened through the Mary
   27  Brogan Breast and Cervical Cancer Early Detection Program
   28  established under s. 381.93 or screened and diagnosed by a
   29  licensed provider.
   30         (b) A woman who has not attained 65 years of age who has
   31  been screened for breast or cervical cancer by a qualified
   32  entity under the Mary Brogan Breast and Cervical Cancer Early
   33  Detection Program of the Department of Health or by a licensed
   34  provider and requires treatment for breast or cervical cancer
   35  and is not otherwise covered under creditable coverage, as
   36  defined in s. 2701(c) of the Public Health Service Act. An
   37  assets test is not required to determine eligibility under this
   38  paragraph. A presumptive eligibility period begins on the date
   39  upon which all eligibility criteria are met and ends on the date
   40  upon which a determination is made with respect to the
   41  eligibility of a woman for services under the state plan or, in
   42  the case of a woman who does not file an application, on the
   43  last day of the month following the month in which the
   44  presumptive eligibility determination is made. A woman is
   45  eligible under this paragraph until she gains creditable
   46  coverage, until treatment is no longer necessary, or until she
   47  attains 65 years of age.
   48         (c) For purposes of this subsection, the term:
   49         1. “Qualified entity” means a county public health
   50  department or other entity that has contracted with the
   51  Department of Health to provide the breast and cervical cancer
   52  screening services paid for under this subsection.
   53         2. “Licensed provider” means a qualified health care
   54  provider licensed under chapter 458, chapter 459, or chapter
   55  461.
   56         Section 2. This act shall take effect July 1, 2009.