Florida Senate - 2014                                     SB 282
       By Senator Garcia
       38-00239A-14                                           2014282__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kidcare program;
    3         amending s. 409.811, F.S.; defining the term “lawfully
    4         residing child” and deleting the definition for
    5         “qualified alien”; amending s. 409.814, F.S.; revising
    6         eligibility for the program to conform to changes made
    7         in the definitions; clarifying that undocumented
    8         immigrants are excluded from eligibility; amending s.
    9         409.904, F.S.; providing eligibility for optional
   10         payments for medical assistance and related services
   11         for certain lawfully residing children; clarifying
   12         that undocumented immigrants are excluded from
   13         eligibility for optional Medicaid payments or related
   14         services; amending s. 624.91, F.S.; conforming
   15         provisions to changes made by the act; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Present subsections (17) through (22) of section
   21  409.811, Florida Statutes, are renumbered as subsections (18)
   22  through (23), respectively, a new subsection (17) is added to
   23  that section, and present subsection (23) of that section is
   24  amended, to read:
   25         409.811 Definitions relating to Florida Kidcare Act.—As
   26  used in ss. 409.810-409.821, the term:
   27         (17) “Lawfully residing child” means a child who is
   28  lawfully present in the United States as defined in 8 C.F.R. s.
   29  103.12(a), meets Medicaid or federal Children’s Health Insurance
   30  Program (CHIP) residency requirements, and may be eligible for
   31  medical assistance with federal financial participation as
   32  provided under s. 214 of the Children’s Health Insurance Program
   33  Reauthorization Act of 2009, Pub. L. No. 111-3, and related
   34  federal regulations.
   35         (23) “Qualified alien” means an alien as defined in s. 431
   36  of the Personal Responsibility and Work Opportunity
   37  Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.
   38         Section 2. Paragraph (c) of subsection (4) of section
   39  409.814, Florida Statutes, is amended to read:
   40         409.814 Eligibility.—A child who has not reached 19 years
   41  of age whose family income is equal to or below 200 percent of
   42  the federal poverty level is eligible for the Florida Kidcare
   43  program as provided in this section. If an enrolled individual
   44  is determined to be ineligible for coverage, he or she must be
   45  immediately disenrolled from the respective Florida Kidcare
   46  program component.
   47         (4) The following children are not eligible to receive
   48  Title XXI-funded premium assistance for health benefits coverage
   49  under the Florida Kidcare program, except under Medicaid if the
   50  child would have been eligible for Medicaid under s. 409.903 or
   51  s. 409.904 as of June 1, 1997:
   52         (c) A child who is an alien, but who does not meet the
   53  definition of a lawfully residing child qualified alien, in the
   54  United States. This paragraph does not extend Kidcare program
   55  eligibility to an undocumented immigrant.
   56         Section 3. Present subsections (8) and (9) of section
   57  409.904, Florida Statutes, are renumbered as subsections (9) and
   58  (10), respectively, and a new subsection (8) is added to that
   59  section, to read:
   60         409.904 Optional payments for eligible persons.—The agency
   61  may make payments for medical assistance and related services on
   62  behalf of the following persons who are determined to be
   63  eligible subject to the income, assets, and categorical
   64  eligibility tests set forth in federal and state law. Payment on
   65  behalf of these Medicaid eligible persons is subject to the
   66  availability of moneys and any limitations established by the
   67  General Appropriations Act or chapter 216.
   68         (8) A child younger than 19 years of age who,
   69  notwithstanding s. 414.095(3), would be eligible for Medicaid
   70  under s. 409.903, except that the child is a lawfully residing
   71  child as defined in s. 409.811. This subsection does not extend
   72  eligibility for optional Medicaid payments or related services
   73  to an undocumented immigrant.
   74         Section 4. Paragraph (b) of subsection (3) of section
   75  624.91, Florida Statutes, is amended to read:
   76         624.91 The Florida Healthy Kids Corporation Act.—
   78  following individuals are eligible for state-funded assistance
   79  in paying Florida Healthy Kids premiums:
   80         (b) Notwithstanding s. 409.814, a legal alien aliens who is
   81  are enrolled in the Florida Healthy Kids program as of January
   82  31, 2004, who does do not qualify for Title XXI federal funds
   83  because he or she is they are not a lawfully residing child
   84  qualified aliens as defined in s. 409.811.
   85         Section 5. This act shall take effect July 1, 2014.