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