Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1294
                                Barcode 440118                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2012           .                                

       The Committee on Health Regulation (Garcia) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 409.814, Florida
    6  Statutes, is amended to read:
    7         409.814 Eligibility.—A child who has not reached 19 years
    8  of age whose family income is equal to or below 200 percent of
    9  the federal poverty level is eligible for the Florida Kidcare
   10  program as provided in this section. For enrollment in the
   11  Children’s Medical Services Network, a complete application
   12  includes the medical or behavioral health screening. If,
   13  subsequently, an individual is determined to be ineligible for
   14  coverage, he or she must immediately be disenrolled from the
   15  respective Florida Kidcare program component.
   16         (4) The following children are not eligible to receive
   17  Title XXI-funded premium assistance for health benefits coverage
   18  under the Florida Kidcare program, except under Medicaid if the
   19  child would have been eligible for Medicaid under s. 409.903 or
   20  s. 409.904 as of June 1, 1997:
   21         (a) A child who is eligible for coverage under a state
   22  health benefit plan on the basis of a family member’s employment
   23  with a public agency in the state.
   24         (b) A child who is covered under a family member’s group
   25  health benefit plan or under other private or employer health
   26  insurance coverage, if the cost of the child’s participation is
   27  not greater than 5 percent of the family’s income. If a child is
   28  otherwise eligible for a subsidy under the Florida Kidcare
   29  program and the cost of the child’s participation in the family
   30  member’s health insurance benefit plan is greater than 5 percent
   31  of the family’s income, the child may enroll in the appropriate
   32  subsidized Kidcare program.
   33         (c) A child who is seeking premium assistance for the
   34  Florida Kidcare program through employer-sponsored group
   35  coverage, if the child has been covered by the same employer’s
   36  group coverage during the 60 days before the family submitted
   37  prior to the family’s submitting an application for
   38  determination of eligibility under the program.
   39         (d) A child who is an alien, and is not lawfully present
   40  but who does not meet the definition of qualified alien, in the
   41  United States. For purposes of eligibility for the Florida
   42  Kidcare program, the term “lawfully present” means that the
   43  child is an immigrant or noncitizen who has been inspected and
   44  admitted into the United States and not overstayed the period
   45  for which the child was admitted, or has current permission from
   46  the United States Citizenship and Immigrant Services to stay or
   47  live in the United States.
   48         (e) A child who is an inmate of a public institution or a
   49  patient in an institution for mental diseases.
   50         (f) A child who is otherwise eligible for premium
   51  assistance for the Florida Kidcare program and has had his or
   52  her coverage in an employer-sponsored or private health benefit
   53  plan voluntarily canceled in the last 60 days, except those
   54  children whose coverage was voluntarily canceled for good cause,
   55  including, but not limited to, the following circumstances:
   56         1. The cost of participation in an employer-sponsored
   57  health benefit plan is greater than 5 percent of the family’s
   58  income;
   59         2. The parent lost a job that provided an employer
   60  sponsored health benefit plan for children;
   61         3. The parent who had health benefits coverage for the
   62  child is deceased;
   63         4. The child has a medical condition that, without medical
   64  care, would cause serious disability, loss of function, or
   65  death;
   66         5. The employer of the parent canceled health benefits
   67  coverage for children;
   68         6. The child’s health benefits coverage ended because the
   69  child reached the maximum lifetime coverage amount;
   70         7. The child has exhausted coverage under a COBRA
   71  continuation provision;
   72         8. The health benefits coverage does not cover the child’s
   73  health care needs; or
   74         9. Domestic violence led to loss of coverage.
   75         Section 2. Subsection (1) of section 409.903, Florida
   76  Statutes, is amended to read:
   77         409.903 Mandatory payments for eligible persons.—The agency
   78  shall make payments for medical assistance and related services
   79  on behalf of the following persons who the department, or the
   80  Social Security Administration by contract with the Department
   81  of Children and Family Services, determines to be eligible,
   82  subject to the income, assets, and categorical eligibility tests
   83  set forth in federal and state law. Payment on behalf of these
   84  Medicaid eligible persons is subject to the availability of
   85  moneys and any limitations established by the General
   86  Appropriations Act or chapter 216.
   87         (1) Low-income families with children are eligible for
   88  Medicaid provided they meet the following requirements:
   89         (a) The family includes a dependent child who is living
   90  with a caretaker relative.
   91         (b) The family’s income does not exceed the gross income
   92  test limit.
   93         (c) The family’s countable income and resources do not
   94  exceed the applicable Aid to Families with Dependent Children
   95  (AFDC) income and resource standards under the AFDC state plan
   96  in effect in July 1996, except as amended in the Medicaid state
   97  plan to conform as closely as possible to the requirements of
   98  the welfare transition program, to the extent permitted by
   99  federal law.
  100         (d) A child, 18 years of age or less, who is an immigrant
  101  or noncitizen who has been inspected and admitted into the
  102  United States and not overstayed the period for which the child
  103  was admitted, or has current permission from the United States
  104  Citizenship and Immigrant Services to stay or live in the United
  105  States and who meets the Medicaid eligibility requirements, may
  106  enroll in Medicaid, regardless of the child’s date of entry.
  107         Section 3. This act shall take effect July 1, 2012.
  109  ================= T I T L E  A M E N D M E N T ================
  110         And the title is amended as follows:
  111         Delete everything before the enacting clause
  112  and insert:
  113                        A bill to be entitled                      
  114         An act relating to the Florida Kidcare program; amending s.
  115  409.814, F.S.; making certain immigrant or noncitizen children
  116  who are lawfully residing in the United States eligible for the
  117  Florida Kidcare program; amending s. 409.903, F.S.; making
  118  certain immigrant or noncitizen children who are lawfully
  119  residing in the United States eligible for Medicaid; providing
  120  an effective date.