Florida Senate - 2013         (Proposed Committee Bill) SPB 7144
       
       
       
       FOR CONSIDERATION By the Committee on Health Policy
       
       
       
       
       588-03162A-13                                         20137144__
    1                        A bill to be entitled                      
    2         An act relating to the Health Choice Plus Program;
    3         amending s. 408.910, F.S.; conforming provisions to
    4         changes made by the act; creating s. 408.9105, F.S.;
    5         creating the Health Choice Plus Program; providing
    6         legislative intent; providing definitions; providing
    7         eligibility requirements; providing exceptions in
    8         specific situations; providing for enrollment in the
    9         program; providing for disenrollment in specific
   10         situations; providing for reenrollment in specific
   11         situations; providing requirements and procedures for
   12         use of funds in a health benefits account; authorizing
   13         the Florida Health Choices, Inc., to accept funds from
   14         various sources to deposit into health benefits
   15         accounts, subsidize the costs of coverage, and
   16         administer and support the program; requiring the
   17         corporation to manage the health benefits accounts and
   18         provide the marketplace of options that an enrollee in
   19         the program may use; specifying healthy living
   20         performance goals; providing for payment for achieving
   21         health living performance goals; providing that the
   22         Florida Insurance Code is not applicable to the
   23         program; providing that coverage under the program is
   24         not an entitlement; prohibiting a cause of action
   25         against certain entities under certain circumstances;
   26         requiring the corporation to submit to the Governor
   27         and the Legislature information about the program in
   28         its annual report and an evaluation of the
   29         effectiveness of the program; providing for a program
   30         review and repeal date; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (1) of section 408.910, Florida
   35  Statutes, is amended to read:
   36         408.910 Florida Health Choices Program.—
   37         (1) LEGISLATIVE INTENT.—The Legislature finds that a
   38  significant number of the residents of this state do not have
   39  adequate access to affordable, quality health care. The
   40  Legislature further finds that increasing access to affordable,
   41  quality health care can be best accomplished by establishing a
   42  competitive markets market for purchasing health insurance and
   43  health services. It is therefore the intent of the Legislature
   44  to create the Florida Health Choices Program and the Health
   45  Choice Plus Program to:
   46         (a) Expand opportunities for Floridians to purchase
   47  affordable health insurance and health services.
   48         (b) Preserve the benefits of employment-sponsored insurance
   49  while easing the administrative burden for employers who offer
   50  these benefits.
   51         (c) Enable individual choice in both the manner and amount
   52  of health care purchased.
   53         (d) Provide for the purchase of individual, portable health
   54  care coverage.
   55         (e) Disseminate information to consumers on the price and
   56  quality of health services.
   57         (f) Sponsor a competitive markets market that stimulate
   58  stimulates product innovation, quality improvement, and
   59  efficiency in the production and delivery of health services.
   60         Section 2. Section 408.9105, Florida Statutes, is created
   61  to read:
   62         408.9105Health Choice Plus Program.—
   63         (1) LEGISLATIVE INTENT.—The Legislature recognizes that
   64  there are more than 600,000 uninsured residents in this state
   65  who have incomes at or below 100 percent of the federal poverty
   66  level. Many insurance options are not affordable, and the
   67  Legislature intends to provide a benefit program to those
   68  individuals who seek assistance with coverage and who assume
   69  individual responsibility for their own health care needs. It is
   70  therefore the intent of the Legislature to expand the services
   71  provided by the Florida Health Choices Program and begin the
   72  phase-in of the Health Choice Plus Program starting July 1,
   73  2013. The Health Choice Plus Program must:
   74         (a) Use the existing Florida Health Choices Corporation’s
   75  infrastructure and governance to manage the program described in
   76  this section.
   77         (b) Offer goods and services to individuals who are between
   78  19 to 64 years of age, inclusive.
   79         (c) Establish guidelines for financial participation in the
   80  program which allows for enrollees and others to contribute
   81  toward a health benefits account.
   82         1. An enrollee shall contribute at least $20 per month
   83  toward the health benefits account. This amount may be adjusted
   84  annually in the General Appropriations Act.
   85         2. The level of benefit paid into an enrollee’s account
   86  using state funds is to be determined by the corporation based
   87  upon the availability of state, local, and federal funding. The
   88  amount may not exceed $10 per individual per month. This amount
   89  may be adjusted annually in the General Appropriations Act.
   90         (d) Implement an employer-based contribution option.
   91         (e) Develop and maintain an education and public outreach
   92  campaign for the Health Choice Plus Program.
   93         (f) Provide a secure website to facilitate the purchase of
   94  goods and services and to provide public information about the
   95  program. The website must also provide information about the
   96  availability of insurance affordability programs targeted at
   97  this population.
   98         (g) Establish an incentive program that rewards enrollees
   99  for achievements in reaching healthy living goals.
  100         (2) DEFINITIONS.—For the Health Choice Plus Program, the
  101  following terms are applicable:
  102         (a) “CHIP” means Children’s Health Insurance Program as
  103  authorized under Title XXI of the Social Security Act.
  104         (b) “Corporation” means Florida Health Choices, Inc., as
  105  established under s. 408.910.
  106         (c) “Corporation’s marketplace” means the single,
  107  centralized market established by the corporation which
  108  facilitates the purchase of products made available in the
  109  marketplace.
  110         (d) “Enrollee” means an individual who participates in or
  111  receives benefits under the Health Choice Plus Program.
  112         (e) “Program” means the Health Choice Plus Program
  113  established under this section.
  114         (f) ”Vendor” means an entity that meets the requirements
  115  under s. 408.910(4)(d) and is accepted by the corporation.
  116         (g) “Health benefits account” means the account established
  117  for an enrollee at the corporation into which funds may be
  118  deposited by the state, the enrollee, other individuals, or
  119  organizations for the purchase of health care goods and services
  120  on the enrollee’s behalf.
  121         (h) “Parent” or “caretaker relative” means an individual
  122  who is a relative that has primary custody or legal guardianship
  123  of a dependent child and provides the primary care and
  124  supervision to that dependent child in the same household. A
  125  caretaker relative must be related to the dependent child by
  126  blood, marriage, or adoption within the fifth degree of kinship.
  127         (i) ”Goods and services” means the individual products
  128  offered for sale to an enrollee on the corporation’s marketplace
  129  or other health care-related items that may be purchased by an
  130  enrollee in the private market. An enrollee may purchase these
  131  products using funds accumulated in his or her health benefits
  132  account.
  133         (j) “Lawful permanent resident” means a non-United States
  134  citizen who resides in the United States under legally
  135  recognized and lawfully recorded permanent residence as an
  136  immigrant. This individual may also be known as a permanent
  137  resident alien.
  138         (k) “Patient Protection and Affordable Care Act” or “PPACA”
  139  means the federal law enacted as Pub. L. No. 111-148, as further
  140  amended by the federal Health Care and Education Reconciliation
  141  Act of 2010, Pub. L. No. 111-152, and any amendments.
  142         (3) ELIGIBILITY.—
  143         (a) To be eligible for the Health Choice Plus Program, an
  144  individual must be a resident of this state and meet all of the
  145  following criteria:
  146         1. Be between 19 and 64 years of age, inclusive.
  147         2. Have a modified adjusted gross income that does not
  148  exceed 100 percent of the federal poverty level based on the
  149  individual’s most recent federal tax return, or if the
  150  individual did not file a tax return, the individual’s most
  151  recent monthly income.
  152         3. Be a United States citizen or a lawful permanent
  153  resident.
  154         4. Not be eligible for Medicaid.
  155         5. Not be eligible for employer-sponsored insurance
  156  coverage. If the enrollee is eligible for employer-sponsored
  157  coverage but the cost of that coverage for the enrollee’s share
  158  for individual coverage would exceed 5 percent of the enrollee’s
  159  total modified adjusted gross household income or the enrollee’s
  160  share of family coverage would exceed 5 percent of enrollee’s
  161  total modified adjusted gross household income, the enrollee is
  162  not eligible for employer-sponsored coverage under this section.
  163         6. Not be enrolled in other coverage that meets the
  164  definition of essential benefits coverage under PPACA.
  165         (b) In addition to the requirements in paragraph (a), an
  166  enrollee must meet the following categorical requirements in
  167  order to maintain enrollment in the program:
  168         1. For an enrollee who is also a parent or a caretaker
  169  relative, the enrollee must do all of the following:
  170         a. Maintain enrollment in Medicaid or CHIP for any
  171  dependent child in the household who is eligible for Medicaid or
  172  CHIP and who must be enrolled in Medicaid or CHIP throughout the
  173  enrollee’s participation in the Health Choice Plus program.
  174         b. Complete a health assessment within the first 3 months
  175  after enrollment at a county health department, federally
  176  qualified health center, or other approved health care provider.
  177         c. Schedule and keep at least one preventive visit with a
  178  primary care provider within 6 months after enrollment and
  179  repeat the preventive visit at least once every 18 months
  180  thereafter.
  181         d. Provide proof of employment for at least 20 hours a week
  182  or of efforts made to seek employment. In lieu of employment,
  183  the enrollee may provide proof of volunteering for at least 10
  184  hours a month at a school or at a nonprofit organization or
  185  enrollment as as full-time student at an accredited educational
  186  institution. Exceptions to this requirement may be made on a
  187  case-by-case basis for medical conditions for the enrollee or if
  188  the enrollee is the primary caretaker for a family member who
  189  has a chronic and severe medical condition that requires a
  190  minimum of 40 hours a week of care.
  191         e. Meet at least two of the healthy living performance
  192  goals specified in subsection (7).
  193         2. For an enrollee who is also a childless adult, the
  194  enrollee must do all of the following:
  195         a. Provide proof of employment for at least 20 hours a week
  196  or of efforts made to seek employment. In lieu of employment,
  197  the enrollee may provide proof of volunteering for at least 20
  198  hours a month at a school or at a nonprofit organization or
  199  enrollment as a full-time student at an accredited educational
  200  institution. Exceptions to this requirement may be made on a
  201  case-by-case basis for medical conditions for the enrollee or if
  202  the enrollee is the primary caretaker for a family member who
  203  has a chronic and severe medical condition that requires a
  204  minimum of 40 hours a week of care.
  205         b. Complete a health assessment within the first 3 months
  206  after enrollment at a county health department, federally
  207  qualified health center, or other approved health care provider;
  208         c. Schedule and keep at least one preventive visit with a
  209  primary care provider within the first 6 months after enrollment
  210  and repeat the preventive visit at least once every 18 months
  211  thereafter.
  212         d. Meet at least two of the healthy living performance
  213  goals specified in subsection (7).
  214  
  215  If the enrollee fails to meet the requirements specified in this
  216  subsection, the enrollee is disenrolled from the program at the
  217  end of the month in which the enrollee has not met the
  218  requirements. The enrollee may receive one 30-day extension to
  219  comply before cancellation of coverage. If an enrollee’s
  220  coverage is canceled, the enrollee may not reapply for coverage
  221  until the next open enrollment period or 90 days after
  222  cancellation of coverage occurs, whichever occurs later. The
  223  individual’s reenrollment is subject to available funding.
  224         (4) ENROLLMENT.—
  225         (a) Enrollment in the Health Choice Plus Program may occur
  226  through the portal of the Florida Health Choices Program, a
  227  referral process from the Department of Children and Families,
  228  the Florida Healthy Kids Corporation, or the exchange as defined
  229  by the federal Patient Protection and Affordable Care Act.
  230         (b) Subject to available funding, the corporation shall
  231  establish at least one open enrollment period each year. When
  232  the program is full based on available funding, enrollment must
  233  cease.
  234         (c) Eligibility is determined by using electronic means to
  235  the fullest extent practicable before requesting any written
  236  documentation from an applicant.
  237         (5) HEALTH BENEFITS ACCOUNT.—
  238         (a) A health benefits account is established for each
  239  enrollee upon confirmation of eligibility in the program. The
  240  corporation shall determine the deposit amount and frequency of
  241  deposits based on the availability of funds, the number of
  242  enrollees, and other factors.
  243         (b) An enrollee shall make a financial contribution toward
  244  his or her own health benefits account in order to maintain
  245  enrollment in accordance with paragraph (1)(c).
  246         1. The corporation shall establish disenrollment criteria
  247  for failure to pay the required minimum contribution.
  248         2. The disenrollment criteria must include waiting periods
  249  of not more than 1 month before reinstatement to the program if
  250  the enrollee is still eligible and has paid all required
  251  financial obligations.
  252         (c) Subject to appropriations available for this specific
  253  purpose, the corporation shall establish a procedure for the
  254  deposit of supplemental or bonus funds into an enrollee’s health
  255  benefits account if certain healthy living performance goals are
  256  achieved. These goals must be established no later than July 1
  257  in each fiscal year and distributed to all enrollees, published
  258  on the corporation’s website, and distributed to new enrollees
  259  within 30 calendar days after enrollment. For calendar year
  260  2014, the goals must be established no later than October 1,
  261  2013.
  262         1. An enrollee may use funds deposited in a health benefits
  263  account to offset other health care costs or to purchase other
  264  products and services offered by the marketplace, subject to
  265  guidelines established by the corporation and in accordance with
  266  federal law.
  267         2. Bonus funds may accumulate in the enrollee’s health
  268  benefits account for the duration of the program and must
  269  automatically expire and return to the corporation upon the
  270  termination of the program.
  271         (d) The marketplace is encouraged to use existing community
  272  programs and partnerships to deliver services and to include
  273  traditional safety net providers for the delivery of services to
  274  enrollees, including, but not limited to, rural health clinics,
  275  federally qualified health centers, county health departments,
  276  emergency room diversion programs, and community mental health
  277  centers. A health care entity that receives state funding must
  278  participate in the Health Choice Plus Program and offer services
  279  or products through the marketplace or to enrollees, as
  280  appropriate. An enrollee may be required to make nominal
  281  copayments to providers for any nonpreventive services. The
  282  corporation may establish the amount of the copayments when
  283  applicable.
  284         (e) Except for supplemental funds described under paragraph
  285  (c), funds deposited in a health benefits account belong to the
  286  enrollee when deposited and are available for health-care
  287  related expenditures, including, but not limited to, physician’s
  288  fees, hospital costs, prescriptions, insurance premium payments,
  289  copayments, and coinsurance. The corporation shall establish a
  290  process or contract with another entity for the management of
  291  the funds. The process must ensure the timely distribution and
  292  the appropriate expenditure of the state’s contributions.
  293         (f) The corporation shall establish a refund process for an
  294  enrollee who requests the closure of a health benefits account
  295  and the return of any unspent individual contributions. The
  296  enrollee may be refunded only those funds that the enrollee or
  297  employer has contributed to his or her health benefits account.
  298  All other state funds in the enrollee’s health benefits account
  299  revert to the corporation.
  300         (6) FUNDING.—
  301         (a) The corporation may accept funds from an employer to
  302  deposit in an enrollee’s health benefits account to supplement
  303  funds if such a deposit is not in conflict with other provisions
  304  of this section.
  305         (b) The corporation may accept state and federal funds to
  306  further subsidize the costs of coverage and to administer the
  307  program.
  308         (c) The corporation shall seek other grants and donations
  309  to support the program.
  310         (d) An assessment on vendors that participate in the
  311  marketplace may be used to fund the administration of the
  312  program.
  313         (7) SERVICES.—The corporation shall manage the health
  314  benefits accounts and provide a marketplace of options from
  315  which an enrollee may also use his or her health benefits
  316  account to purchase individual services and products, including,
  317  but not limited to, discount medical plans, limited benefit
  318  plans, health flex plans, individual health insurance plans,
  319  bundled services, or other prepaid health care coverage.
  320         (8) HEALTHY LIVING PERFORMANCE GOALS AND PAYMENT.—
  321         (a) To the extent that funds are made available for this
  322  purpose, an enrollee is rewarded for achieving a healthy
  323  lifestyle and using preventive health care services
  324  appropriately.
  325         (b) Healthy living performance goals for the program
  326  include, but are not limited to:
  327         1. Visiting a primary care provider for preventive care,
  328  including well-woman exams.
  329         2. Receiving dental preventive exams and cleanings.
  330         3. Maintaining a Body Mass Index (BMI) of less than 25, or
  331  if the enrollee’s BMI is more than 25 on July 1 of the previous
  332  year, reducing the BMI by 5 percent as measured on July 1 of the
  333  following year.
  334         4. Maintaining an HDL cholesterol level of no less than 40
  335  mg/dL for men or 50 mg/dL for women, or if an enrollee’s HDL
  336  cholesterol level is less than these levels, increasing the HDL
  337  cholesterol level by at least 5 points.
  338         5. Maintaining an LDL cholesterol level at no more than 130
  339  mg/dL, or if an enrollee’s LDL is higher than this level,
  340  reducing the LDL cholesterol level by at least 5 points.
  341         6. Maintaining a triglyceride level at no more than 150
  342  mg/dL, or if an enrollee’s triglyceride level is higher than
  343  this level, reducing the triglyceride level by at least 5
  344  points.
  345         7. For women, obtaining a mammogram, as appropriate. For
  346  men, obtaining a prostate exam, as appropriate, based on
  347  standards of the United States Preventive Services Task Force.
  348         8. Maintaining blood pressure no higher than 140(systolic)
  349  and 90 (diastolic). Both numbers must be achieved to receive
  350  credit for the goal.
  351         9. Obtaining an annual flu shot.
  352         10. Being up to date on adult vaccinations.
  353         11. Ceasing to smoke or showing evidence of participating
  354  in a formal smoking cessation program.
  355         12. Demonstrating evidence of an exercise regimen,
  356  including an exercise program or other formal training program.
  357         13. Participating and achieving any other goals established
  358  by the program.
  359  
  360  The program shall post on its website, by July 1 of each fiscal
  361  year in which a goal is deemed eligible or ineligible, any other
  362  goal that an enrollee is eligible for payment or the elimination
  363  of a goal. The corporation shall establish a procedure for the
  364  documentation of such goals, timeframes for achievement of the
  365  goals if not otherwise provided in this paragraph, and payments
  366  of supplemental amounts into an enrollee’s health benefits
  367  account.
  368         (c) Bonus payments for achieving a healthy living
  369  performance goal shall be paid into an enrollee’s health
  370  benefits account at the end of the quarter in which the goal is
  371  achieved. The amount of the payment is based upon the schedule
  372  posted by the program on July 1 of that fiscal year.
  373         (9) APPLICABILITY OF INSURANCE CODE.—Coverage offered under
  374  this program is not insurance. Any standard forms, website
  375  design, or marketing communication developed by the corporation
  376  and used by the corporation or any vendor that meets the
  377  requirements of s. 408.910(4)(f) is not subject to the Florida
  378  Insurance Code.
  379         (10) LIABILITY.—Coverage under the Health Choice Plus
  380  Program is not an entitlement, and a cause of action does not
  381  arise against the state, a local governmental entity, any other
  382  political subdivision of the state, or the corporation or its
  383  board of directors for failure to make coverage under this
  384  section available to an eligible person or for discontinuation
  385  of any coverage.
  386         (11)PROGRAM EVALUATION.—The corporation shall include
  387  information about the Health Choice Plus Program in its annual
  388  report under s. 408.910. The corporation shall complete and
  389  submit by January 1, 2016, a separate independent evaluation of
  390  the effectiveness of the Health Choice Plus Program to the
  391  Governor, the President of the Senate, and the Speaker of the
  392  House of Representatives.
  393         (12) PROGRAM REVIEW.—The Health Choice Plus Program is
  394  subject to repeal on July 1, 2016, unless reviewed and saved
  395  from repeal through reenactment by the Legislature.
  396         Section 3. This act shall take effect July 1, 2013.