Florida Senate - 2011                              CS for SB 406
       By the Committee on Health Regulation; and Senators Sobel,
       Gaetz, and Fasano
       588-01830-11                                           2011406c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kidcare program;
    3         amending s. 1006.06, F.S.; requiring school districts
    4         to collaborate with the Florida Kidcare program to use
    5         the application form for the school breakfast and
    6         lunch programs to provide information about the
    7         Florida Kidcare program and to authorize data on the
    8         application form be shared with state agencies and the
    9         Florida Healthy Kids Corporation and its agents;
   10         authorizing each school district the option to share
   11         the data electronically; requiring interagency
   12         agreements to ensure that the data exchanged is
   13         protected from unauthorized disclosure and is used
   14         only for enrollment in the Florida Kidcare program;
   15         amending s. 624.91, F.S.; requiring the Florida
   16         Healthy Kids Corporation to include use of the school
   17         breakfast and lunch application form in the
   18         corporation’s plan for publicizing the program;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsection (7) is added to section 1006.06,
   24  Florida Statutes, to read:
   25         1006.06 School food service programs.—
   26         (7) Each school district shall collaborate with the Florida
   27  Kidcare program created pursuant to ss. 409.810-409.821 to:
   28         (a) At a minimum:
   29         1. Provide application information about the Kidcare
   30  program or an application for Kidcare to students at the
   31  beginning of each school year.
   32         2. Modify the school district’s application form for the
   33  lunch program under subsection (4) and the breakfast program
   34  under subsection (5) to incorporate a provision that permits the
   35  school district to share data from the application form with the
   36  state agencies and the Florida Healthy Kids Corporation and its
   37  agents that administer the Kidcare program unless the child’s
   38  parent or guardian opts out of the provision.
   39         (b) At the option of the school district, share income and
   40  other demographic data through an electronic interchange with
   41  the Florida Healthy Kids Corporation and other state agencies in
   42  order to determine eligibility for the Kidcare program on a
   43  regular and periodic basis.
   44         (c) Establish interagency agreements ensuring that data
   45  exchanged under this subsection is used only to enroll eligible
   46  children in the Florida Kidcare program and is protected from
   47  unauthorized disclosure pursuant to 42 U.S.C. s. 1758(b)(6).
   48         Section 2. Paragraph (b) of subsection (5) of section
   49  624.91, Florida Statutes, is amended to read:
   50         624.91 The Florida Healthy Kids Corporation Act.—
   52         (b) The Florida Healthy Kids Corporation shall:
   53         1. Arrange for the collection of any family, local
   54  contributions, or employer payment or premium, in an amount to
   55  be determined by the board of directors, to provide for payment
   56  of premiums for comprehensive insurance coverage and for the
   57  actual or estimated administrative expenses.
   58         2. Arrange for the collection of any voluntary
   59  contributions to provide for payment of Florida Kidcare program
   60  premiums for children who are not eligible for medical
   61  assistance under Title XIX or Title XXI of the Social Security
   62  Act.
   63         3. Subject to the provisions of s. 409.8134, accept
   64  voluntary supplemental local match contributions that comply
   65  with the requirements of Title XXI of the Social Security Act
   66  for the purpose of providing additional Florida Kidcare coverage
   67  in contributing counties under Title XXI.
   68         4. Establish the administrative and accounting procedures
   69  for the operation of the corporation.
   70         5. Establish, with consultation from appropriate
   71  professional organizations, standards for preventive health
   72  services and providers and comprehensive insurance benefits
   73  appropriate to children if, provided that such standards for
   74  rural areas do shall not limit primary care providers to board
   75  certified pediatricians.
   76         6. Determine eligibility for children seeking to
   77  participate in the Title XXI-funded components of the Florida
   78  Kidcare program consistent with the requirements specified in s.
   79  409.814, as well as the non-Title-XXI-eligible children as
   80  provided in subsection (3).
   81         7. Establish procedures under which providers of local
   82  match to, applicants to, and participants in the program may
   83  have grievances reviewed by an impartial body and reported to
   84  the board of directors of the corporation.
   85         8. Establish participation criteria and, if appropriate,
   86  contract with an authorized insurer, health maintenance
   87  organization, or third-party administrator to provide
   88  administrative services to the corporation.
   89         9. Establish enrollment criteria that include penalties or
   90  30-day waiting periods of 30 days for reinstatement of coverage
   91  upon voluntary cancellation for nonpayment of family premiums.
   92         10. Contract with authorized insurers or providers any
   93  provider of health care services, who meet meeting standards
   94  established by the corporation, for the provision of
   95  comprehensive insurance coverage to participants. Such standards
   96  must shall include criteria under which the corporation may
   97  contract with more than one provider of health care services in
   98  program sites. Health plans shall be selected through a
   99  competitive bid process. The Florida Healthy Kids Corporation
  100  shall purchase goods and services in the most cost-effective
  101  manner consistent with the delivery of quality medical care. The
  102  maximum administrative cost for a Florida Healthy Kids
  103  Corporation contract is shall be 15 percent. For health care
  104  contracts, the minimum medical loss ratio for a Florida Healthy
  105  Kids Corporation contract is shall be 85 percent. For dental
  106  contracts, the remaining compensation to be paid to the
  107  authorized insurer or provider must be at least under a Florida
  108  Healthy Kids Corporation contract shall be no less than an
  109  amount which is 85 percent of the premium, and; to the extent
  110  any contract provision does not provide for this minimum
  111  compensation, this section prevails shall prevail. The health
  112  plan selection criteria and scoring system, and the scoring
  113  results, shall be available upon request for inspection after
  114  the bids have been awarded.
  115         11. Establish disenrollment criteria if in the event local
  116  matching funds are insufficient to cover enrollments.
  117         12. Develop and implement a plan to publicize the Florida
  118  Kidcare program, the eligibility requirements of the program,
  119  and the procedures for enrollment in the program and to maintain
  120  public awareness of the corporation and the program. Such plan
  121  must include using the application form for the school lunch and
  122  breakfast programs as provided under s. 1006.06(7).
  123         13. Secure staff necessary to properly administer the
  124  corporation. Staff costs shall be funded from state and local
  125  matching funds and such other private or public funds as become
  126  available. The board of directors shall determine the number of
  127  staff members necessary to administer the corporation.
  128         14. In consultation with the partner agencies, provide an
  129  annual a report on the Florida Kidcare program annually to the
  130  Governor, the Chief Financial Officer, the Commissioner of
  131  Education, the President of the Senate, the Speaker of the House
  132  of Representatives, and the Minority Leaders of the Senate and
  133  the House of Representatives.
  134         15. Provide information on a quarterly basis to the
  135  Legislature and the Governor which compares the costs and
  136  utilization of the full-pay enrolled population and the Title
  137  XXI-subsidized enrolled population in the Florida Kidcare
  138  program. The information, At a minimum, the information must
  139  include:
  140         a. The monthly enrollment and expenditure for full-pay
  141  enrollees in the Medikids and Florida Healthy Kids programs
  142  compared to the Title XXI-subsidized enrolled population; and
  143         b. The costs and utilization by service of the full-pay
  144  enrollees in the Medikids and Florida Healthy Kids programs and
  145  the Title XXI-subsidized enrolled population.
  147  By February 1, 2010, the Florida Healthy Kids Corporation shall
  148  provide a study to the Legislature and the Governor on premium
  149  impacts to the subsidized portion of the program from the
  150  inclusion of the full-pay program, which must shall include
  151  recommendations on how to eliminate or mitigate possible impacts
  152  to the subsidized premiums.
  153         16. Establish benefit packages that conform to the
  154  provisions of the Florida Kidcare program, as created in ss.
  155  409.810-409.821.
  156         Section 3. This act shall take effect July 1, 2011.