Florida Senate - 2012                                    SB 1294
       By Senator Garcia
       40-01124A-12                                          20121294__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kidcare program;
    3         amending s. 409.814, F.S.; deleting a provision
    4         preventing children who do not meet the definition of
    5         a qualified alien from participating in the program;
    6         providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsection (4) of section 409.814, Florida
   11  Statutes, is amended to read:
   12         409.814 Eligibility.—A child who has not reached 19 years
   13  of age whose family income is equal to or below 200 percent of
   14  the federal poverty level is eligible for the Florida Kidcare
   15  program as provided in this section. For enrollment in the
   16  Children’s Medical Services Network, a complete application
   17  includes the medical or behavioral health screening. If,
   18  subsequently, an individual is determined to be ineligible for
   19  coverage, he or she must immediately be disenrolled from the
   20  respective Florida Kidcare program component.
   21         (4) The following children are not eligible to receive
   22  Title XXI-funded premium assistance for health benefits coverage
   23  under the Florida Kidcare program, except under Medicaid if the
   24  child would have been eligible for Medicaid under s. 409.903 or
   25  s. 409.904 as of June 1, 1997:
   26         (a) A child who is eligible for coverage under a state
   27  health benefit plan on the basis of a family member’s employment
   28  with a public agency in the state.
   29         (b) A child who is covered under a family member’s group
   30  health benefit plan or under other private or employer health
   31  insurance coverage, if the cost of the child’s participation is
   32  not greater than 5 percent of the family’s income. If a child is
   33  otherwise eligible for a subsidy under the Florida Kidcare
   34  program and the cost of the child’s participation in the family
   35  member’s health insurance benefit plan is greater than 5 percent
   36  of the family’s income, the child may enroll in the appropriate
   37  subsidized Kidcare program.
   38         (c) A child who is seeking premium assistance for the
   39  Florida Kidcare program through employer-sponsored group
   40  coverage, if the child has been covered by the same employer’s
   41  group coverage during the 60 days before the family submitted
   42  prior to the family’s submitting an application for
   43  determination of eligibility under the program.
   44         (d) A child who is an alien, but who does not meet the
   45  definition of qualified alien, in the United States.
   46         (d)(e) A child who is an inmate of a public institution or
   47  a patient in an institution for mental diseases.
   48         (e)(f) A child who is otherwise eligible for premium
   49  assistance for the Florida Kidcare program and has had his or
   50  her coverage in an employer-sponsored or private health benefit
   51  plan voluntarily canceled in the last 60 days, except those
   52  children whose coverage was voluntarily canceled for good cause,
   53  including, but not limited to, the following circumstances:
   54         1. The cost of participation in an employer-sponsored
   55  health benefit plan is greater than 5 percent of the family’s
   56  income;
   57         2. The parent lost a job that provided an employer
   58  sponsored health benefit plan for children;
   59         3. The parent who had health benefits coverage for the
   60  child is deceased;
   61         4. The child has a medical condition that, without medical
   62  care, would cause serious disability, loss of function, or
   63  death;
   64         5. The employer of the parent canceled health benefits
   65  coverage for children;
   66         6. The child’s health benefits coverage ended because the
   67  child reached the maximum lifetime coverage amount;
   68         7. The child has exhausted coverage under a COBRA
   69  continuation provision;
   70         8. The health benefits coverage does not cover the child’s
   71  health care needs; or
   72         9. Domestic violence led to loss of coverage.
   73         Section 2. This act shall take effect July 1, 2012.