Florida Senate - 2015                   (PROPOSED BILL) SPB 2512
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-02047B-15                                         20152512pb
    1                        A bill to be entitled                      
    2         An act relating to Medicaid; amending s. 395.602,
    3         F.S.; revising the term “rural hospital”; amending s.
    4         409.908, F.S.; deleting provisions that authorized the
    5         agency to receive funds from certain state entities,
    6         local governments, and other political subdivisions
    7         for a specific purpose; providing that the Agency for
    8         Health Care Administration is authorized to receive
    9         intergovernmental transfers of funds from governmental
   10         entities for specified purposes; requiring the agency
   11         to seek Medicaid waiver authority for the use of local
   12         intergovernmental transfers under certain parameters;
   13         revising the list of provider types that are subject
   14         to certain statutory provisions relating to the
   15         establishment of rates; amending s. 409.909, F.S.;
   16         revising definitions; altering the annual allocation
   17         cap for hospitals participating in the Statewide
   18         Medicaid Residency Program; creating the Graduate
   19         Medical Education Startup Bonus Program; providing
   20         allocations for the program; amending s. 409.911,
   21         F.S.; updating references to data used for calculating
   22         disproportionate share program payments to certain
   23         hospitals for the 2015-2016 fiscal year; repealing s.
   24         409.97, F.S, relating to state and local Medicaid
   25         partnerships; amending s. 409.983, F.S.; providing
   26         parameters for the reconciliation of managed care plan
   27         payments in the long-term care managed care program;
   28         amending s. 408.07, F.S.; conforming a cross
   29         reference; creating s. 409.720, F.S.; providing a
   30         short title; creating s. 409.721, F.S.; creating the
   31         Florida Health Insurance Affordability Exchange
   32         Program or FHIX in the Agency for Health Care
   33         Administration; providing program authority and
   34         principles; creating s. 409.722, F.S.; defining terms;
   35         creating s. 409.723, F.S.; providing eligibility and
   36         enrollment criteria; providing patient rights and
   37         responsibilities; providing premium levels; creating
   38         s. 409.724, F.S.; providing for premium credits and
   39         choice counseling; establishing an education campaign;
   40         providing for customer support and disenrollment;
   41         creating s. 409.725, F.S.; providing for available
   42         products and services; creating s. 409.726, F.S.;
   43         providing for program accountability; creating s.
   44         409.727, F.S.; providing an implementation schedule;
   45         creating s. 409.728, F.S.; providing program operation
   46         and management duties; creating s. 409.729, F.S.;
   47         providing for the development of a long-term
   48         reorganization plan and the formation of the FHIX
   49         Workgroup; creating s. 409.730, F.S.; authorizing the
   50         agency to seek federal approval; creating s. 409.731,
   51         F.S.; providing for program expiration; repealing s.
   52         408.70, F.S., relating to legislative findings
   53         regarding access to affordable health care; amending
   54         s. 408.910, F.S.; revising legislative intent;
   55         redefining terms; revising the scope of the Florida
   56         Health Choices Program and the pricing of services
   57         under the program; providing requirements for
   58         operation of the marketplace; providing additional
   59         duties for the corporation to perform; requiring an
   60         annual report to the Governor and the Legislature;
   61         amending s. 409.904, F.S.; establishing a date when
   62         new enrollment in the Medically Needy program is
   63         suspended; providing an expiration date for the
   64         program; amending s. 624.91, F.S.; revising
   65         eligibility requirements for state-funded assistance;
   66         revising the duties and powers of the Florida Healthy
   67         Kids Corporation; revising provisions for the
   68         appointment of members of the board of the Florida
   69         Healthy Kids Corporation; requiring transition plans;
   70         repealing s. 624.915, F.S., relating to the operating
   71         fund of the Florida Healthy Kids Corporation;
   72         providing effective dates.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Paragraph (e) of subsection (2) of section
   77  395.602, Florida Statutes, is amended to read:
   78         395.602 Rural hospitals.—
   79         (2) DEFINITIONS.—As used in this part, the term:
   80         (e) “Rural hospital” means an acute care hospital licensed
   81  under this chapter, having 100 or fewer licensed beds and an
   82  emergency room, which is:
   83         1. The sole provider within a county with a population
   84  density of up to 100 persons per square mile;
   85         2. An acute care hospital, in a county with a population
   86  density of up to 100 persons per square mile, which is at least
   87  30 minutes of travel time, on normally traveled roads under
   88  normal traffic conditions, from any other acute care hospital
   89  within the same county;
   90         3. A hospital supported by a tax district or subdistrict
   91  whose boundaries encompass a population of up to 100 persons per
   92  square mile;
   93         4. A hospital classified as a sole community hospital under
   94  42 C.F.R. s. 412.92 which has up to 340 licensed beds;
   95         4.5. A hospital with a service area that has a population
   96  of up to 100 persons per square mile. As used in this
   97  subparagraph, the term “service area” means the fewest number of
   98  zip codes that account for 75 percent of the hospital’s
   99  discharges for the most recent 5-year period, based on
  100  information available from the hospital inpatient discharge
  101  database in the Florida Center for Health Information and Policy
  102  Analysis at the agency; or
  103         5.6. A hospital designated as a critical access hospital,
  104  as defined in s. 408.07.
  105  
  106  Population densities used in this paragraph must be based upon
  107  the most recently completed United States census. A hospital
  108  that received funds under s. 409.9116 for a quarter beginning no
  109  later than July 1, 2002, is deemed to have been and shall
  110  continue to be a rural hospital from that date through June 30,
  111  2021 2015, if the hospital continues to have up to 100 licensed
  112  beds and an emergency room. An acute care hospital that has not
  113  previously been designated as a rural hospital and that meets
  114  the criteria of this paragraph shall be granted such designation
  115  upon application, including supporting documentation, to the
  116  agency. A hospital that was licensed as a rural hospital during
  117  the 2010-2011 or 2011-2012 fiscal year shall continue to be a
  118  rural hospital from the date of designation through June 30,
  119  2021 2015, if the hospital continues to have up to 100 licensed
  120  beds and an emergency room.
  121         Section 2. Effective upon this act becoming a law,
  122  subsection (1) of section 409.908, Florida Statutes, is amended
  123  to read:
  124         409.908 Reimbursement of Medicaid providers.—Subject to
  125  specific appropriations, the agency shall reimburse Medicaid
  126  providers, in accordance with state and federal law, according
  127  to methodologies set forth in the rules of the agency and in
  128  policy manuals and handbooks incorporated by reference therein.
  129  These methodologies may include fee schedules, reimbursement
  130  methods based on cost reporting, negotiated fees, competitive
  131  bidding pursuant to s. 287.057, and other mechanisms the agency
  132  considers efficient and effective for purchasing services or
  133  goods on behalf of recipients. If a provider is reimbursed based
  134  on cost reporting and submits a cost report late and that cost
  135  report would have been used to set a lower reimbursement rate
  136  for a rate semester, then the provider’s rate for that semester
  137  shall be retroactively calculated using the new cost report, and
  138  full payment at the recalculated rate shall be effected
  139  retroactively. Medicare-granted extensions for filing cost
  140  reports, if applicable, shall also apply to Medicaid cost
  141  reports. Payment for Medicaid compensable services made on
  142  behalf of Medicaid eligible persons is subject to the
  143  availability of moneys and any limitations or directions
  144  provided for in the General Appropriations Act or chapter 216.
  145  Further, nothing in this section shall be construed to prevent
  146  or limit the agency from adjusting fees, reimbursement rates,
  147  lengths of stay, number of visits, or number of services, or
  148  making any other adjustments necessary to comply with the
  149  availability of moneys and any limitations or directions
  150  provided for in the General Appropriations Act, provided the
  151  adjustment is consistent with legislative intent.
  152         (1) Reimbursement to hospitals licensed under part I of
  153  chapter 395 must be made prospectively or on the basis of
  154  negotiation.
  155         (a) Reimbursement for inpatient care is limited as provided
  156  in s. 409.905(5), except as otherwise provided in this
  157  subsection.
  158         1. If authorized by the General Appropriations Act, the
  159  agency may modify reimbursement for specific types of services
  160  or diagnoses, recipient ages, and hospital provider types.
  161         2. The agency may establish an alternative methodology to
  162  the DRG-based prospective payment system to set reimbursement
  163  rates for:
  164         a. State-owned psychiatric hospitals.
  165         b. Newborn hearing screening services.
  166         c. Transplant services for which the agency has established
  167  a global fee.
  168         d. Recipients who have tuberculosis that is resistant to
  169  therapy who are in need of long-term, hospital-based treatment
  170  pursuant to s. 392.62.
  171         3. The agency shall modify reimbursement according to other
  172  methodologies recognized in the General Appropriations Act.
  173  
  174  The agency may receive funds from state entities, including, but
  175  not limited to, the Department of Health, local governments, and
  176  other local political subdivisions, for the purpose of making
  177  special exception payments, including federal matching funds,
  178  through the Medicaid inpatient reimbursement methodologies.
  179  Funds received for this purpose shall be separately accounted
  180  for and may not be commingled with other state or local funds in
  181  any manner. The agency may certify all local governmental funds
  182  used as state match under Title XIX of the Social Security Act,
  183  to the extent and in the manner authorized under the General
  184  Appropriations Act and pursuant to an agreement between the
  185  agency and the local governmental entity. In order for the
  186  agency to certify such local governmental funds, a local
  187  governmental entity must submit a final, executed letter of
  188  agreement to the agency, which must be received by October 1 of
  189  each fiscal year and provide the total amount of local
  190  governmental funds authorized by the entity for that fiscal year
  191  under this paragraph, paragraph (b), or the General
  192  Appropriations Act. The local governmental entity shall use a
  193  certification form prescribed by the agency. At a minimum, the
  194  certification form must identify the amount being certified and
  195  describe the relationship between the certifying local
  196  governmental entity and the local health care provider. The
  197  agency shall prepare an annual statement of impact which
  198  documents the specific activities undertaken during the previous
  199  fiscal year pursuant to this paragraph, to be submitted to the
  200  Legislature annually by January 1.
  201         (b) Reimbursement for hospital outpatient care is limited
  202  to $1,500 per state fiscal year per recipient, except for:
  203         1. Such care provided to a Medicaid recipient under age 21,
  204  in which case the only limitation is medical necessity.
  205         2. Renal dialysis services.
  206         3. Other exceptions made by the agency.
  207  
  208  The agency is authorized to receive funds from state entities,
  209  including, but not limited to, the Department of Health, the
  210  Board of Governors of the State University System, local
  211  governments, and other local political subdivisions, for the
  212  purpose of making payments, including federal matching funds,
  213  through the Medicaid outpatient reimbursement methodologies.
  214  Funds received from state entities and local governments for
  215  this purpose shall be separately accounted for and shall not be
  216  commingled with other state or local funds in any manner.
  217         (c)1. The agency may receive intergovernmental transfers of
  218  funds from governmental entities, including, but not limited to,
  219  the Department of Health, local governments, and other local
  220  political subdivisions, for the purpose of making special
  221  exception payments or to enhance provider reimbursement,
  222  including federal matching funds, through the Medicaid inpatient
  223  or outpatient reimbursement methodologies. Funds received by
  224  intergovernmental transfer for these purposes shall be
  225  separately accounted for and may not be commingled with other
  226  state or local funds in any manner. The agency may certify all
  227  local intergovernmental transfers used as state match under
  228  Title XIX of the Social Security Act to the extent and in the
  229  manner authorized under the General Appropriations Act and
  230  pursuant to an agreement between the agency and the local
  231  governmental entity. In order for the agency to certify such
  232  local intergovernmental transfers, a local governmental entity
  233  must submit a final, executed letter of agreement to the agency
  234  which must be received by October 1 of each fiscal year and
  235  provide the total amount of intergovernmental transfers
  236  authorized by the entity for that fiscal year under this
  237  paragraph or the General Appropriations Act. The local
  238  governmental entity shall use a certification form prescribed by
  239  the agency. At a minimum, the certification form must identify
  240  the amount being certified.
  241         2. The agency shall seek Medicaid waiver authority to use
  242  local intergovernmental transfers for the advancement of the
  243  Medicaid program and for enhancing or supplementing provider
  244  reimbursement under this part and part IV in ways that incent
  245  donations of local intergovernmental transfers and prevent
  246  providers from being penalized in the calculations of Medicaid
  247  cost limits by virtue of having donated intergovernmental
  248  transfers under waiver authority granted under this paragraph.
  249  The agency shall prepare an annual statement of impact which
  250  documents the specific activities undertaken during the previous
  251  fiscal year pursuant to this paragraph, to be submitted to the
  252  Legislature annually by January 1.
  253         (d)(c) Hospitals that provide services to a
  254  disproportionate share of low-income Medicaid recipients, or
  255  that participate in the regional perinatal intensive care center
  256  program under chapter 383, or that participate in the statutory
  257  teaching hospital disproportionate share program may receive
  258  additional reimbursement. The total amount of payment for
  259  disproportionate share hospitals shall be fixed by the General
  260  Appropriations Act. The computation of these payments must be
  261  made in compliance with all federal regulations and the
  262  methodologies described in ss. 409.911 and 409.9113.
  263         (e)(d) The agency is authorized to limit inflationary
  264  increases for outpatient hospital services as directed by the
  265  General Appropriations Act.
  266         Section 3. Paragraph (c) of subsection (23) of section
  267  409.908, Florida Statutes, is amended to read:
  268         409.908 Reimbursement of Medicaid providers.—Subject to
  269  specific appropriations, the agency shall reimburse Medicaid
  270  providers, in accordance with state and federal law, according
  271  to methodologies set forth in the rules of the agency and in
  272  policy manuals and handbooks incorporated by reference therein.
  273  These methodologies may include fee schedules, reimbursement
  274  methods based on cost reporting, negotiated fees, competitive
  275  bidding pursuant to s. 287.057, and other mechanisms the agency
  276  considers efficient and effective for purchasing services or
  277  goods on behalf of recipients. If a provider is reimbursed based
  278  on cost reporting and submits a cost report late and that cost
  279  report would have been used to set a lower reimbursement rate
  280  for a rate semester, then the provider’s rate for that semester
  281  shall be retroactively calculated using the new cost report, and
  282  full payment at the recalculated rate shall be effected
  283  retroactively. Medicare-granted extensions for filing cost
  284  reports, if applicable, shall also apply to Medicaid cost
  285  reports. Payment for Medicaid compensable services made on
  286  behalf of Medicaid eligible persons is subject to the
  287  availability of moneys and any limitations or directions
  288  provided for in the General Appropriations Act or chapter 216.
  289  Further, nothing in this section shall be construed to prevent
  290  or limit the agency from adjusting fees, reimbursement rates,
  291  lengths of stay, number of visits, or number of services, or
  292  making any other adjustments necessary to comply with the
  293  availability of moneys and any limitations or directions
  294  provided for in the General Appropriations Act, provided the
  295  adjustment is consistent with legislative intent.
  296         (23)
  297         (c) This subsection applies to the following provider
  298  types:
  299         1. Inpatient hospitals.
  300         2. Outpatient hospitals.
  301         3. Nursing homes.
  302         4. County health departments.
  303         5. Community intermediate care facilities for the
  304  developmentally disabled.
  305         5.6. Prepaid health plans.
  306         Section 4. Section 409.909, Florida Statutes, is amended to
  307  read:
  308         409.909 Statewide Medicaid Residency Program.—
  309         (1) The Statewide Medicaid Residency Program is established
  310  to improve the quality of care and access to care for Medicaid
  311  recipients, expand graduate medical education on an equitable
  312  basis, and increase the supply of highly trained physicians
  313  statewide. The agency shall make payments to hospitals licensed
  314  under part I of chapter 395 for graduate medical education
  315  associated with the Medicaid program. This system of payments is
  316  designed to generate federal matching funds under Medicaid and
  317  distribute the resulting funds to participating hospitals on a
  318  quarterly basis in each fiscal year for which an appropriation
  319  is made.
  320         (2) On or before September 15 of each year, the agency
  321  shall calculate an allocation fraction to be used for
  322  distributing funds to participating hospitals. On or before the
  323  final business day of each quarter of a state fiscal year, the
  324  agency shall distribute to each participating hospital one
  325  fourth of that hospital’s annual allocation calculated under
  326  subsection (4). The allocation fraction for each participating
  327  hospital is based on the hospital’s number of full-time
  328  equivalent residents and the amount of its Medicaid payments. As
  329  used in this section, the term:
  330         (a) “Full-time equivalent,” or “FTE,” means a resident who
  331  is in his or her residency period, with the initial residency
  332  period, which is defined as the minimum number of years of
  333  training required before the resident may become eligible for
  334  board certification by the American Osteopathic Association
  335  Bureau of Osteopathic Specialists or the American Board of
  336  Medical Specialties in the specialty in which he or she first
  337  began training, not to exceed 5 years. The residency specialty
  338  is defined as reported using the current resident code in the
  339  Intern and Resident Information System (IRIS), required by
  340  Medicare. A resident training beyond the initial residency
  341  period is counted as 0.5 FTE, unless his or her chosen specialty
  342  is in general surgery or primary care, in which case the
  343  resident is counted as 1.0 FTE. For the purposes of this
  344  section, primary care specialties include:
  345         1. Family medicine;
  346         2. General internal medicine;
  347         3. General pediatrics;
  348         4. Preventive medicine;
  349         5. Geriatric medicine;
  350         6. Osteopathic general practice;
  351         7. Obstetrics and gynecology; and
  352         8. Emergency medicine; and
  353         9. General surgery.
  354         (b) “Medicaid payments” means the estimated total payments
  355  for reimbursing a hospital for direct inpatient services for the
  356  fiscal year in which the allocation fraction is calculated based
  357  on the hospital inpatient appropriation and the parameters for
  358  the inpatient diagnosis-related group base rate, including
  359  applicable intergovernmental transfers, specified in the General
  360  Appropriations Act, as determined by the agency.
  361         (c) “Resident” means a medical intern, fellow, or resident
  362  enrolled in a program accredited by the Accreditation Council
  363  for Graduate Medical Education, the American Association of
  364  Colleges of Osteopathic Medicine, or the American Osteopathic
  365  Association at the beginning of the state fiscal year during
  366  which the allocation fraction is calculated, as reported by the
  367  hospital to the agency.
  368         (3) The agency shall use the following formula to calculate
  369  a participating hospital’s allocation fraction:
  370  
  371             HAF=[0.9 x (HFTE/TFTE)] + [0.1 x (HMP/TMP)]           
  372  
  373         Where:
  374         HAF=A hospital’s allocation fraction.
  375         HFTE=A hospital’s total number of FTE residents.
  376         TFTE=The total FTE residents for all participating
  377  hospitals.
  378         HMP=A hospital’s Medicaid payments.
  379         TMP=The total Medicaid payments for all participating
  380  hospitals.
  381  
  382         (4) A hospital’s annual allocation shall be calculated by
  383  multiplying the funds appropriated for the Statewide Medicaid
  384  Residency Program in the General Appropriations Act by that
  385  hospital’s allocation fraction. If the calculation results in an
  386  annual allocation that exceeds 2 times the average $50,000 per
  387  FTE resident amount for all hospitals, the hospital’s annual
  388  allocation shall be reduced to a sum equaling no more than 2
  389  times the average $50,000 per FTE resident. The funds calculated
  390  for that hospital in excess of 2 times the average $50,000 per
  391  FTE resident amount for all hospitals shall be redistributed to
  392  participating hospitals whose annual allocation does not exceed
  393  2 times the average $50,000 per FTE resident amount for all
  394  hospitals, using the same methodology and payment schedule
  395  specified in this section.
  396         (5)Graduate Medical Education Startup Bonus Program—
  397  Hospitals eligible for participation in subsection (1) are
  398  eligible to participate in the graduate medical education
  399  startup bonus program established under this subsection.
  400  Notwithstanding subsection (4) or an FTE’s residency period, and
  401  in any state fiscal year in which funds are appropriated for the
  402  startup bonus program, the agency shall allocate a $100,000
  403  startup bonus for each newly created resident position that is
  404  authorized by the Accreditation Council for Graduate Medical
  405  Education or Osteopathic Postdoctoral Training Institution in an
  406  initial or established accredited training program that is in a
  407  physician specialty in statewide supply/demand deficit. In any
  408  year in which funding is not sufficient to provide $100,000 for
  409  each newly created resident position, funding shall be reduced
  410  pro rata across all newly created resident positions in
  411  physician specialties in statewide supply/demand deficit.
  412         (a)Hospitals applying for a startup bonus must submit to
  413  the agency by March 1 their Accreditation Council for Graduate
  414  Medical Education or Osteopathic Postdoctoral Training
  415  Institution approval validating the new resident positions
  416  approved in physician specialties in statewide supply/demand
  417  deficit in the current fiscal year. An applicant hospital may
  418  validate a change in the number of residents by comparing the
  419  prior period Accreditation Council for Graduate Medical
  420  Education or Osteopathic Postdoctoral Training Institution
  421  approval to the current year.
  422         (b)Any unobligated startup bonus funds on April 15 of each
  423  fiscal year shall be proportionally allocated to hospitals
  424  participating under subsection (3) for existing FTE residents in
  425  the physician specialties in statewide supply/demand deficit.
  426  This nonrecurring allocation shall be in addition to the funds
  427  allocated in subsection (4). Notwithstanding subsection (4), the
  428  allocation under this subsection shall not exceed $100,000 per
  429  FTE resident.
  430         (c)For purposes of this subsection, physician specialties
  431  and subspecialties, both adult and pediatric, in statewide
  432  supply/demand deficit are those identified in the General
  433  Appropriations Act.
  434         (d)The agency shall distribute all funds authorized under
  435  the Graduate Medical Education Startup Bonus program on or
  436  before the final business day of the fourth quarter of a state
  437  fiscal year.
  438         (6)(5) Beginning in the 2015-2016 state fiscal year, the
  439  agency shall reconcile each participating hospital’s total
  440  number of FTE residents calculated for the state fiscal year 2
  441  years prior with its most recently available Medicare cost
  442  reports covering the same time period. Reconciled FTE counts
  443  shall be prorated according to the portion of the state fiscal
  444  year covered by a Medicare cost report. Using the same
  445  definitions, methodology, and payment schedule specified in this
  446  section, the reconciliation shall apply any differences in
  447  annual allocations calculated under subsection (4) to the
  448  current year’s annual allocations.
  449         (7)(6) The agency may adopt rules to administer this
  450  section.
  451         Section 5. Paragraph (a) of subsection (2) of section
  452  409.911, Florida Statutes, is amended to read:
  453         409.911 Disproportionate share program.—Subject to specific
  454  allocations established within the General Appropriations Act
  455  and any limitations established pursuant to chapter 216, the
  456  agency shall distribute, pursuant to this section, moneys to
  457  hospitals providing a disproportionate share of Medicaid or
  458  charity care services by making quarterly Medicaid payments as
  459  required. Notwithstanding the provisions of s. 409.915, counties
  460  are exempt from contributing toward the cost of this special
  461  reimbursement for hospitals serving a disproportionate share of
  462  low-income patients.
  463         (2) The Agency for Health Care Administration shall use the
  464  following actual audited data to determine the Medicaid days and
  465  charity care to be used in calculating the disproportionate
  466  share payment:
  467         (a) The average of the 2005, 2006, and 2007, 2008, and 2009
  468  audited disproportionate share data to determine each hospital’s
  469  Medicaid days and charity care for the 2015-2016 2014-2015 state
  470  fiscal year.
  471         Section 6. Section 409.97, Florida Statutes, is repealed.
  472         Section 7. Subsection (6) of section 409.983, Florida
  473  Statutes, is amended to read:
  474         409.983 Long-term care managed care plan payment.—In
  475  addition to the payment provisions of s. 409.968, the agency
  476  shall provide payment to plans in the long-term care managed
  477  care program pursuant to this section.
  478         (6) The agency shall establish nursing-facility-specific
  479  payment rates for each licensed nursing home based on facility
  480  costs adjusted for inflation and other factors as authorized in
  481  the General Appropriations Act. Payments to long-term care
  482  managed care plans shall be reconciled to reimburse actual
  483  payments to nursing facilities resulting from changes in nursing
  484  home per diem rates but may not be reconciled to actual days
  485  experienced by the long-term care managed care plans.
  486         Section 8. Subsection (43) of section 408.07, Florida
  487  Statutes, is amended to read:
  488         408.07 Definitions.—As used in this chapter, with the
  489  exception of ss. 408.031-408.045, the term:
  490         (43) “Rural hospital” means an acute care hospital licensed
  491  under chapter 395, having 100 or fewer licensed beds and an
  492  emergency room, and which is:
  493         (a) The sole provider within a county with a population
  494  density of no greater than 100 persons per square mile;
  495         (b) An acute care hospital, in a county with a population
  496  density of no greater than 100 persons per square mile, which is
  497  at least 30 minutes of travel time, on normally traveled roads
  498  under normal traffic conditions, from another acute care
  499  hospital within the same county;
  500         (c) A hospital supported by a tax district or subdistrict
  501  whose boundaries encompass a population of 100 persons or fewer
  502  per square mile;
  503         (d) A hospital with a service area that has a population of
  504  100 persons or fewer per square mile. As used in this paragraph,
  505  the term “service area” means the fewest number of zip codes
  506  that account for 75 percent of the hospital’s discharges for the
  507  most recent 5-year period, based on information available from
  508  the hospital inpatient discharge database in the Florida Center
  509  for Health Information and Policy Analysis at the Agency for
  510  Health Care Administration; or
  511         (e) A critical access hospital.
  512  
  513  Population densities used in this subsection must be based upon
  514  the most recently completed United States census. A hospital
  515  that received funds under s. 409.9116 for a quarter beginning no
  516  later than July 1, 2002, is deemed to have been and shall
  517  continue to be a rural hospital from that date through June 30,
  518  2015, if the hospital continues to have 100 or fewer licensed
  519  beds and an emergency room, or meets the criteria of s.
  520  395.602(2)(e)4. An acute care hospital that has not previously
  521  been designated as a rural hospital and that meets the criteria
  522  of this subsection shall be granted such designation upon
  523  application, including supporting documentation, to the Agency
  524  for Health Care Administration.
  525         Section 9. Effective upon this act becoming a law, the
  526  Division of Law Revision and Information is directed to rename
  527  part II of chapter 409, Florida Statutes, as “Insurance
  528  Affordability Programs” and to incorporate ss. 409.720-409.731,
  529  Florida Statutes, under this part.
  530         Section 10. Effective upon this act becoming a law, section
  531  409.720, Florida Statutes, is created to read:
  532         409.720 Short title.—Sections 409.720-409.731 may be cited
  533  as the “Florida Health Insurance Affordability Exchange Program”
  534  or “FHIX.”
  535         Section 11. Effective upon this act becoming a law, section
  536  409.721, Florida Statutes, is created to read:
  537         409.721 Program authority.—The Florida Health Insurance
  538  Affordability Exchange Program, or FHIX, is created in the
  539  agency to assist Floridians in purchasing health benefits
  540  coverage and gaining access to health services. The products and
  541  services offered by FHIX are based on the following principles:
  542         (1) FAIR VALUE.—Financial assistance will be rationally
  543  allocated regardless of differences in categorical eligibility.
  544         (2) CONSUMER CHOICE.—Participants will be offered
  545  meaningful choices in the way they can redeem the value of the
  546  available assistance.
  547         (3) SIMPLICITY.—Obtaining assistance will be consumer
  548  friendly, and customer support will be available when needed.
  549         (4) PORTABILITY.—Participants can continue to access the
  550  services and products of FHIX despite changes in their
  551  circumstances.
  552         (5) PROMOTES EMPLOYMENT.—Assistance will be offered in a
  553  way that incentivizes employment.
  554         (6) CONSUMER EMPOWERMENT.—Assistance will be offered in a
  555  manner that maximizes individual control over available
  556  resources.
  557         (7) RISK ADJUSTMENT.—The amount of assistance will reflect
  558  participants’ medical risk.
  559         Section 12. Effective upon this act becoming a law, section
  560  409.722, Florida Statutes, is created to read:
  561         409.722 Definitions.—As used in ss. 409.720-409.731, the
  562  term:
  563         (1) “Agency” means the Agency for Health Care
  564  Administration.
  565         (2) “Applicant” means an individual who applies for
  566  determination of eligibility for health benefits coverage under
  567  this part.
  568         (3) “Corporation” means Florida Health Choices, Inc., as
  569  established under s. 408.910.
  570         (4) “Enrollee” means an individual who has been determined
  571  eligible for and is receiving health benefits coverage under
  572  this part.
  573         (5) “FHIX marketplace” or “marketplace” means the single,
  574  centralized market established under s. 408.910 which
  575  facilitates health benefits coverage.
  576         (6) “Florida Health Insurance Affordability Exchange
  577  Program” or “FHIX” means the program created under ss. 409.720
  578  409.731.
  579         (7) “Florida Healthy Kids Corporation” means the entity
  580  created under s. 624.91.
  581         (8) “Florida Kidcare program” or “Kidcare program” means
  582  the health benefits coverage administered through ss. 409.810
  583  409.821.
  584         (9) “Health benefits coverage” means the payment of
  585  benefits for covered health care services or the availability,
  586  directly or through arrangements with other persons, of covered
  587  health care services on a prepaid per capita basis or on a
  588  prepaid aggregate fixed-sum basis.
  589         (10) “Inactive status” means the enrollment status of a
  590  participant previously enrolled in health benefits coverage
  591  through the FHIX marketplace who lost coverage through the
  592  marketplace for non-payment, but maintains access to his or her
  593  balance in a health savings account or health reimbursement
  594  account.
  595         (11) “Medicaid” means the medical assistance program
  596  authorized by Title XIX of the Social Security Act, and
  597  regulations thereunder, and part III and part IV of this
  598  chapter, as administered in this state by the agency.
  599         (l2) “Modified adjusted gross income” means the
  600  individual’s or household’s annual adjusted gross income as
  601  defined in s. 36B(d)(2) of the Internal Revenue Code of 1986 and
  602  which is used to determine eligibility for FHIX.
  603         (13) “Patient Protection and Affordable Care Act” or
  604  “Affordable Care Act” means Pub. L. No. 111-148, as further
  605  amended by the Health Care and Education Reconciliation Act of
  606  2010, Pub. L. No. 111-152, and any amendments to, and
  607  regulations or guidance under, those acts.
  608         (14) “Premium credit” means the monthly amount paid by the
  609  agency per enrollee in the Florida Health Insurance
  610  Affordability Exchange Program toward health benefits coverage.
  611         (15) “Qualified alien” means an alien as defined in 8
  612  U.S.C. s. 1641(b) or (c).
  613         (16) “Resident” means a United States citizen or qualified
  614  alien who is domiciled in this state.
  615         Section 13. Effective upon this act becoming a law, section
  616  409.723, Florida Statutes, is created to read:
  617         409.723Participation.—
  618         (1) ELIGIBILITY.—In order to participate in FHIX, an
  619  individual must be a resident and must meet the following
  620  requirements, as applicable:
  621         (a) Qualify as a newly eligible enrollee, who must be an
  622  individual as described in s. 1902(a)(10)(A)(i)(VIII) of the
  623  Social Security Act or s. 2001 of the Affordable Care Act and as
  624  may be further defined by federal regulation.
  625         (b) Meet and maintain the responsibilities under subsection
  626  (4).
  627         (c) Qualify as a participant in the Florida Healthy Kids
  628  program under s. 624.91, subject to the implementation of Phase
  629  Three under s. 409.727.
  630         (2) ENROLLMENT.—To enroll in FHIX, an applicant must submit
  631  an application to the department for an eligibility
  632  determination.
  633         (a) Applications may be submitted by mail, fax, online, or
  634  any other method permitted by law or regulation.
  635         (b) The department is responsible for any eligibility
  636  correspondence and status updates to the participant and other
  637  agencies.
  638         (c) The department shall review a participant’s eligibility
  639  every 12 months.
  640         (d) An application or renewal is deemed complete when the
  641  participant has met all the requirements under subsection (4).
  642         (3) PARTICIPANT RIGHTS.—A participant has all of the
  643  following rights:
  644         (a)Access to the FHIX marketplace to select the scope,
  645  amount, and type of health care coverage and other services to
  646  purchase.
  647         (b) Continuity and portability of coverage to avoid
  648  disruption of coverage and other health care services when the
  649  participant’s economic circumstances change.
  650         (c) Retention of applicable unspent credits in the
  651  participant’s health savings or health reimbursement account
  652  following a change in the participant’s eligibility status.
  653  Credits are valid for an inactive status participant for up to 5
  654  years after the participant first enters an inactive status.
  655         (d) Ability to select more than one product or plan on the
  656  FHIX marketplace.
  657         (e) Choice of at least two health benefits products that
  658  meet the requirements of the Affordable Care Act.
  659         (4) PARTICIPANT RESPONSIBILITIES.—A participant has all of
  660  the following responsibilities:
  661         (a) Complete an initial application for health benefits
  662  coverage and an annual renewal process;
  663         (b) Annually provide evidence of participation in one of
  664  the following activities at the levels required under paragraph
  665  (c):
  666         1. Proof of employment.
  667         2. On-the-job training or job placement activities.
  668         3. Pursuit of educational opportunities.
  669         (c) Engage in the activities required under paragraph (b)
  670  at the following minimum levels:
  671         1. For a parent of a child younger than 18 years of age, a
  672  minimum of 20 hours weekly.
  673         2. For a childless adult, a minimum of 30 hours weekly.
  674  
  675  A participant who is a disabled adult or a caregiver of a
  676  disabled child or adult may submit a request for an exception to
  677  these requirements to the corporation and, thereafter, shall
  678  annually submit to the department a request to renew the
  679  exception to the hourly level requirements.
  680         (d) Learn and remain informed about the choices available
  681  on the FHIX marketplace and the uses of credits in the
  682  individual accounts.
  683         (e) Execute a contract with the department to acknowledge
  684  that:
  685         1. FHIX is not an entitlement and state and federal funding
  686  may end at any time;
  687         2. Failure to pay required premiums or cost sharing will
  688  result in a transition to inactive status; and
  689         3. Noncompliance with work or educational requirements will
  690  result in a transition to inactive status.
  691         (f) Select plans and other products in a timely manner.
  692         (g) Comply with program rules and the prohibitions against
  693  fraud, as described in s. 414.39.
  694         (h) Timely make monthly premium and any other cost-sharing
  695  payments.
  696         (i) Meet minimum coverage requirements by selecting a high
  697  deductible health plan combined with a health savings or health
  698  reimbursement account if not selecting a plan offering more
  699  extensive coverage.
  700         (5) COST SHARING.—
  701         (a) Enrollees are assessed monthly premiums based on their
  702  modified adjusted gross income. The maximum monthly premium
  703  payments are set at the following income levels:
  704         1. At or below 22 percent of the federal poverty level: $3.
  705         2. Greater than 22 percent, but at or below 50 percent, of
  706  the federal poverty level: $8.
  707         3. Greater than 50 percent, but at or below 75 percent, of
  708  the federal poverty level: $15.
  709         4. Greater than 75 percent, but at or below 100 percent, of
  710  the federal poverty level: $20.
  711         5. Greater than 100 percent of the federal poverty level:
  712  $25.
  713         (b) Depending on the products and services selected by the
  714  enrollee, the enrollee may also incur additional cost-sharing,
  715  such as copayments, deductibles, or other out-of-pocket costs.
  716         (c) An enrollee may be subject to an inappropriate
  717  emergency room visit charge of up to $8 for the first visit and
  718  up to $25 for any subsequent visit, based on the enrollee’s
  719  benefit plan, to discourage inappropriate use of the emergency
  720  room.
  721         (d) Cumulative annual cost sharing per enrollee may not
  722  exceed 5 percent of an enrollee’s annual modified adjusted gross
  723  income.
  724         (e) If, after a 30-day grace period, a full premium payment
  725  has not been received, the enrollee shall be transitioned from
  726  coverage to inactive status and may not reenroll for a minimum
  727  of 6 months, unless a hardship exception has been granted.
  728  Enrollees may seek a hardship exception under the Medicaid Fair
  729  Hearing Process.
  730         Section 14. Effective upon this act becoming a law, section
  731  409.724, Florida Statutes, is created to read:
  732         409.724Available assistance.—
  733         (1)PREMIUM CREDITS.—
  734         (a) Standard amount.—The standard monthly premium credit is
  735  equivalent to the applicable risk-adjusted capitation rate paid
  736  to Medicaid managed care plans under part IV of this chapter.
  737         (b) Supplemental funding.—Subject to federal approval,
  738  additional resources may be made available to enrollees and
  739  incorporated into FHIX.
  740         (c) Savings accounts.—In addition to the benefits provided
  741  under this section, the corporation must offer each enrollee
  742  access to an individual account that qualifies as a health
  743  reimbursement account or a health savings account. Eligible
  744  unexpended funds from the monthly premium credit must be
  745  deposited into each enrollee’s individual account in a timely
  746  manner. Enrollees may also be rewarded for healthy behaviors,
  747  adherence to wellness programs, and other activities established
  748  by the corporation which demonstrate compliance with prevention
  749  or disease management guidelines. Funds deposited into these
  750  accounts may be used to pay cost-sharing obligations or to
  751  purchase other health-related items to the extent permitted
  752  under federal law.
  753         (d) Enrollee contributions.—The enrollee may make deposits
  754  to his or her account at any time to supplement the premium
  755  credit, to purchase additional FHIX products, or to offset other
  756  cost-sharing obligations.
  757         (e) Third parties.—Third parties, including, but not
  758  limited to, an employer or relative, may also make deposits on
  759  behalf of the enrollee into the enrollee’s FHIX marketplace
  760  account. The enrollee may not withdraw any funds as a refund,
  761  except those funds the enrollee has deposited into his or her
  762  account.
  763         (2) CHOICE COUNSELING.—The agency and the corporation shall
  764  work together to develop a choice counseling program for FHIX.
  765  The choice counseling program must ensure that participants have
  766  information about the FHIX marketplace program, products, and
  767  services and that participants know where and whom to call for
  768  questions or to make their plan selections. The choice
  769  counseling program must provide culturally sensitive materials
  770  and must take into consideration the demographics of the
  771  projected population.
  772         (3)EDUCATION CAMPAIGN.—The agency, the corporation, and
  773  the Florida Healthy Kids Corporation must coordinate an ongoing
  774  enrollee education campaign beginning in Phase One, as provided
  775  in s. 409.27, informing participants, at a minimum:
  776         (a) How the transition process to the FHIX marketplace will
  777  occur and the timeline for the enrollee’s specific transition.
  778         (b) What plans are available and how to research
  779  information about available plans.
  780         (c) Information about other available insurance
  781  affordability programs for the individual and his or her family.
  782         (d) Information about health benefits coverage, provider
  783  networks, and cost sharing for available plans in each region.
  784         (e) Information on how to complete the required annual
  785  renewal process, including renewal dates and deadlines.
  786         (f) Information on how to update eligibility if the
  787  participant’s data have changed since his or her last renewal or
  788  application date.
  789         (4) CUSTOMER SUPPORT.—Beginning in Phase Two, the Florida
  790  Healthy Kids Corporation shall provide customer support for
  791  FHIX, shall address general program information, financial
  792  information, and customer service issues, and shall provide
  793  status updates on bill payments. Customer support must also
  794  provide a toll-free number and maintain a website that is
  795  available in multiple languages and that meets the needs of the
  796  enrollee population.
  797         (5) INACTIVE PARTICIPANTS.—The corporation must inform the
  798  inactive participant about other insurance affordability
  799  programs and electronically refer the participant to the federal
  800  exchange or other insurance affordability programs, as
  801  appropriate.
  802         Section 15. Effective upon this act becoming a law, section
  803  409.725, Florida Statutes, is created to read:
  804         409.725Available products and services.—The FHIX
  805  marketplace shall offer the following products and services:
  806         (1) Authorized products and services pursuant to s.
  807  408.910.
  808         (2) Medicaid managed care plans under part IV of this
  809  chapter.
  810         (3) Authorized products under the Florida Healthy Kids
  811  Corporation pursuant to s. 624.91.
  812         (4) Employer-sponsored plans.
  813         Section 16. Effective upon this act becoming a law, section
  814  409.726, Florida Statutes, is created to read:
  815         409.726Program accountability.—
  816         (1) All managed care plans that participate in FHIX must
  817  collect and maintain encounter level data in accordance with the
  818  encounter data requirements under s. 409.967(2)(d) and are
  819  subject to the accompanying penalties under s. 409.967(2)(h)2.
  820  The agency is responsible for the collection and maintenance of
  821  the encounter level data.
  822         (2)The corporation, in consultation with the agency, shall
  823  establish access and network standards for contracts on the FHIX
  824  marketplace and shall ensure that contracted plans have
  825  sufficient providers to meet enrollee needs. The corporation, in
  826  consultation with the agency, shall develop quality of coverage
  827  and provider standards specific to the adult population.
  828         (3)The department shall develop accountability measures
  829  and performance standards to be applied to applications and
  830  renewal applications for FHIX which are submitted online, by
  831  mail, by fax, or through referrals from a third party. The
  832  minimum performance standards are:
  833         (a) Application processing speed.—Ninety percent of all
  834  applications, from all sources, must be processed within 45
  835  days.
  836         (b) Applications processing speed from online sources.
  837  Ninety-five percent of all applications received from online
  838  sources must be processed within 45 days.
  839         (c) Renewal application processing speed.—Ninety percent of
  840  all renewals, from all sources, must be processed within 45
  841  days.
  842         (d) Renewal application processing speed from online
  843  sources.—Ninety-five percent of all applications received from
  844  online sources must be processed within 45 days.
  845         (4) The agency, the department, and the Florida Healthy
  846  Kids Corporation must meet the following standards for their
  847  respective roles in the program:
  848         (a) Eighty-five percent of calls must be answered in 20
  849  seconds or less.
  850         (b) One hundred percent of all contacts, which include, but
  851  are not limited to, telephone calls, faxed documents and
  852  requests, and e-mails, must be handled within 2 business days.
  853         (c)Any self-service tools available to participants, such
  854  as interactive voice response systems, must be operational 7
  855  days a week, 24 hours a day, at least 98 percent of each month.
  856         (5) The agency, the department, and the Florida Healthy
  857  Kids Corporation must conduct an annual satisfaction survey to
  858  address all measures that require participant input specific to
  859  the FHIX marketplace program. The parties may elect to
  860  incorporate these elements into the annual report required under
  861  subsection (7).
  862         (6) The agency and the corporation shall post online
  863  monthly enrollment reports for FHIX.
  864         (7) An annual report is due no later than July 1 to the
  865  Governor, the President of the Senate, and the Speaker of the
  866  House of Representatives. The annual report must be coordinated
  867  by the agency and the corporation and must include, but is not
  868  limited to:
  869         (a) Enrollment and application trends and issues.
  870         (b) Utilization and cost data.
  871         (c) Customer satisfaction.
  872         (d) Funding sources in health savings accounts or health
  873  reimbursement accounts.
  874         (e) Enrollee use of funds in health savings accounts or
  875  health reimbursement accounts.
  876         (f) Types of products and plans purchased.
  877         (g) Movement of enrollees across different insurance
  878  affordability programs.
  879         (h) Recommendations for program improvement.
  880         Section 17. Effective upon this act becoming a law, section
  881  409.727, Florida Statutes, is created to read:
  882         409.727Implementation schedule.—The agency, the
  883  corporation, the department, and the Florida Healthy Kids
  884  Corporation shall begin implementation of FHIX immediately, with
  885  statewide implementation in all regions, as described in s.
  886  409.966(2), by January 1, 2016.
  887         (1) READINESS REVIEW.—Before implementation of any phase
  888  under this section, the agency shall conduct a readiness review
  889  in consultation with the FHIX Workgroup described in s. 409.729.
  890  The agency must determine, at a minimum, the following readiness
  891  milestones:
  892         (a) Functional readiness of the service delivery platform
  893  for the phase.
  894         (b) Plan availability and presence of plan choice.
  895         (c) Provider network capacity and adequacy of the available
  896  plans in the region.
  897         (d) Availability of customer support.
  898         (e) Other factors critical to the success of FHIX.
  899         (2) PHASE ONE.—
  900         (a) Phase One begins on July 1, 2015. The agency, the
  901  corporation, the department, and the Florida Healthy Kids
  902  Corporation shall coordinate activities to ensure that
  903  enrollment begins by July 1, 2015.
  904         (b) To be eligible during this phase, a participant must
  905  meet the requirements under s. 409.723(1)(a).
  906         (c)An enrollee is entitled to receive health benefits
  907  coverage in the same manner as provided under and through the
  908  selected managed care plans in the Medicaid managed care program
  909  in part IV of this chapter.
  910         (d) An enrollee shall have a choice of at least two managed
  911  care plans in each region.
  912         (e) Choice counseling and customer service must be provided
  913  in accordance with s. 409.724(2).
  914         (3) PHASE TWO.—
  915         (a) Beginning no later than January 1, 2016, and contingent
  916  upon federal approval, participants may enroll or transition to
  917  health benefits coverage under the FHIX marketplace.
  918         (b)To be eligible during this phase, a participant must
  919  meet the requirements under s. 409.723(1)(a) and (b).
  920         (c) An enrollee may select any benefit, service, or product
  921  available.
  922         (d) The corporation shall notify an enrollee of his or her
  923  premium credit amount and how to access the FHIX marketplace
  924  selection process.
  925         (e) A Phase One enrollee must be transitioned to the FHIX
  926  marketplace by April 1, 2016. An enrollee who does not select a
  927  plan or service on the FHIX marketplace by that deadline shall
  928  be moved to inactive status.
  929         (f) An enrollee shall have a choice of at least two managed
  930  care plans in each region which meet or exceed the Affordable
  931  Care Act’s requirements and which qualify for a premium credit
  932  on the FHIX marketplace.
  933         (g) Choice counseling and customer service must be provided
  934  in accordance with s. 409.724(2) and (4).
  935         (4) PHASE THREE.—
  936         (a) No later than July 1, 2016, the corporation and the
  937  Florida Healthy Kids Corporation must begin the transition of
  938  enrollees under s. 624.91 to the FHIX marketplace.
  939         (b)Eligibility during this phase is based on meeting the
  940  requirements of Phase Two and s. 409.723(1)(c).
  941         (c) An enrollee may select any benefit, service, or product
  942  available under s. 409.725.
  943         (d) A Florida Healthy Kids enrollee who selects a FHIX
  944  marketplace plan must be provided a premium credit equivalent to
  945  the average capitation rate paid in his or her county of
  946  residence under Florida Healthy Kids as of June 30, 2016. The
  947  enrollee is responsible for any difference in costs and may use
  948  any remaining funds for supplemental benefits on the FHIX
  949  marketplace.
  950         (e) The corporation shall notify an enrollee of his or her
  951  premium credit amount and how to access the FHIX marketplace
  952  selection process.
  953         (f) Choice counseling and customer service must be provided
  954  in accordance with s. 409.724(2) and (4).
  955         (g) Enrollees under s. 624.91 must transition to the FHIX
  956  marketplace by September 30, 2016.
  957         Section 18. Effective upon this act becoming a law, section
  958  409.728, Florida Statutes, is created to read:
  959         409.728Program operation and management.—In order to
  960  implement ss. 409.720-409.731:
  961         (1) The Agency for Health Care Administration shall do all
  962  of the following:
  963         (a) Contract with the corporation for the development,
  964  implementation, and administration of the Florida Health
  965  Insurance Affordability Exchange Program and for the release of
  966  any federal, state, or other funds appropriated to the
  967  corporation.
  968         (b) Administer Phase One of FHIX.
  969         (c) Provide administrative support to the FHIX Workgroup
  970  under s. 409.729.
  971         (d) Transition the FHIX enrollees to the FHIX marketplace
  972  beginning January 1, 2016, in accordance with the transition
  973  workplan. Stakeholders that serve low-income individuals and
  974  families must be consulted during the implementation and
  975  transition process through a public input process. All regions
  976  must complete the transition no later than April 1, 2016.
  977         (e) Timely transmit enrollee information to the
  978  corporation.
  979         (f) Beginning with Phase Two, determine annually the risk
  980  adjusted rate to be paid per month based on historical
  981  utilization and spending data for the medical and behavioral
  982  health of this population, projected forward, and adjusted to
  983  reflect the eligibility category, medical and dental trends,
  984  geographic areas, and the clinical risk profile of the
  985  enrollees.
  986         (g) Transfer to the corporation such funds as approved in
  987  the General Appropriations Act for the premium credits.
  988         (h) Encourage Medicaid managed care plans to apply as
  989  vendors to the marketplace to facilitate continuity of care and
  990  family care coordination.
  991         (2) The Department of Children and Families shall, in
  992  coordination with the corporation, the agency, and the Florida
  993  Healthy Kids Corporation, determine eligibility of applications
  994  and application renewals for FHIX in accordance with s. 409.902
  995  and shall transmit eligibility determination information on a
  996  timely basis to the agency and corporation.
  997         (3) The Florida Healthy Kids Corporation shall do all of
  998  the following:
  999         (a) Retain its duties and responsibilities under s. 624.91
 1000  for Phase One and Phase Two of the program.
 1001         (b) Provide customer service for the FHIX marketplace, in
 1002  coordination with the agency and the corporation.
 1003         (c) Transfer funds and provide financial support to the
 1004  FHIX marketplace, including the collection of monthly cost
 1005  sharing.
 1006         (d) Conduct financial reporting related to such activities,
 1007  in coordination with the corporation and the agency.
 1008         (e) Coordinate activities for the program with the agency,
 1009  the department, and the corporation.
 1010         (4) Florida Health Choices, Inc., shall do all of the
 1011  following:
 1012         (a) Begin the development of FHIX during Phase One.
 1013         (b) Implement and administer Phase Two and Phase Three of
 1014  the FHIX marketplace and the ongoing operations of the program.
 1015         (c) Offer health benefits coverage packages on the FHIX
 1016  marketplace, including plans compliant with the Affordable Care
 1017  Act.
 1018         (d) Offer FHIX enrollees a choice of at least two plans per
 1019  county at each benefit level which meet the requirements under
 1020  the Affordable Care Act.
 1021         (e) Provide an opportunity for participation in Medicaid
 1022  managed care plans if those plans meet the requirements of the
 1023  FHIX marketplace.
 1024         (f) Offer enhanced or customized benefits to FHIX
 1025  marketplace enrollees.
 1026         (g) Provide sufficient staff and resources to meet the
 1027  program needs of enrollees.
 1028         (h) Provide an opportunity for plans contracted with or
 1029  previously contracted with the Florida Healthy Kids Corporation
 1030  under s. 624.91 to participate with FHIX if those plans meet the
 1031  requirements of the program.
 1032         (i) Encourage insurance agents licensed under chapter 626
 1033  to identify and assist enrollees. This act does not prohibit
 1034  these agents from receiving usual and customary commissions from
 1035  insurers and health maintenance organizations that offer plans
 1036  in the FHIX marketplace.
 1037         Section 19. Effective upon this act becoming a law, section
 1038  409.729, Florida Statutes, is created to read:
 1039         409.729 Long-term reorganization.—The FHIX Workgroup is
 1040  created to facilitate the implementation of FHIX and to plan for
 1041  a multiyear reorganization of the state’s insurance
 1042  affordability programs. The FHIX Workgroup consists of two
 1043  representatives each from the agency, the department, the
 1044  Florida Healthy Kids Corporation, and the corporation. An
 1045  additional representative of the agency serves as chair. The
 1046  FHIX Workgroup must hold its organizational meeting no later
 1047  than 30 days after the effective date of this act and must meet
 1048  at least bimonthly. The role of the FHIX Workgroup is to make
 1049  recommendations to the agency. The responsibilities of the
 1050  workgroup include, but are not limited to:
 1051         (1) Recommend a Phase Two implementation plan no later than
 1052  October 1, 2015.
 1053         (2) Review network and access standards for plans and
 1054  products.
 1055         (3) Assess readiness and recommend actions needed to
 1056  reorganize the state’s insurance affordability programs for each
 1057  phase or region. If a phase or region receives a nonreadiness
 1058  recommendation, the agency must notify the Legislature of that
 1059  recommendation, the reasons for such a recommendation, and
 1060  proposed plans for achieving readiness.
 1061         (4) Recommend any proposed change to the Title XIX-funded
 1062  or Title XXI-funded programs based on the continued availability
 1063  and reauthorization of the Title XXI program and its federal
 1064  funding.
 1065         (5) Identify duplication of services among the corporation,
 1066  the agency, and the Florida Healthy Kids Corporation currently
 1067  and under FHIX’s proposed Phase Three program.
 1068         (6) Evaluate any fiscal impacts based on the proposed
 1069  transition plan under Phase Three.
 1070         (7) Compile a schedule of impacted contracts, leases, and
 1071  other assets.
 1072         (8) Determine staff requirements for Phase Three.
 1073         (9) Develop and present a final transition plan that
 1074  incorporates all elements under this section no later than
 1075  December 1, 2015, in a report to the Governor, the President of
 1076  the Senate, and the Speaker of the House of Representatives.
 1077         Section 20. Effective upon this act becoming a law, section
 1078  409.730, Florida Statutes, is created to read:
 1079         409.730 Federal participation.—The agency may seek federal
 1080  approval to implement FHIX.
 1081         Section 21. Effective upon this act becoming a law, section
 1082  409.731, Florida Statutes, is created to read:
 1083         409.731 Program expiration.The Florida Health Insurance
 1084  Affordability Exchange Program expires at the end of Phase One
 1085  if the state does not receive federal approval for Phase Two or
 1086  at the end of the state fiscal year in which any of these
 1087  conditions occurs:
 1088         (1) The federal match contribution falls below 90 percent.
 1089         (2) The federal match contribution falls below the
 1090  increased Federal Medical Assistance Percentage for medical
 1091  assistance for newly eligible mandatory individuals as specified
 1092  in the Affordable Care Act.
 1093         (3) The federal match for the FHIX program and the Medicaid
 1094  program are blended under federal law or regulation in such a
 1095  manner that causes the overall federal contribution to diminish
 1096  when compared to separate, nonblended federal contributions.
 1097         Section 22. Effective upon this act becoming a law, section
 1098  408.70, Florida Statutes, is repealed.
 1099         Section 23. Effective upon this act becoming a law, section
 1100  408.910, Florida Statutes, is amended to read:
 1101         408.910 Florida Health Choices Program.—
 1102         (1) LEGISLATIVE INTENT.—The Legislature finds that a
 1103  significant number of the residents of this state do not have
 1104  adequate access to affordable, quality health care. The
 1105  Legislature further finds that increasing access to affordable,
 1106  quality health care can be best accomplished by establishing a
 1107  competitive market for purchasing health insurance and health
 1108  services. It is therefore the intent of the Legislature to
 1109  create and expand the Florida Health Choices Program to:
 1110         (a) Expand opportunities for Floridians to purchase
 1111  affordable health insurance and health services.
 1112         (b) Preserve the benefits of employment-sponsored insurance
 1113  while easing the administrative burden for employers who offer
 1114  these benefits.
 1115         (c) Enable individual choice in both the manner and amount
 1116  of health care purchased.
 1117         (d) Provide for the purchase of individual, portable health
 1118  care coverage.
 1119         (e) Disseminate information to consumers on the price and
 1120  quality of health services.
 1121         (f) Sponsor a competitive market that stimulates product
 1122  innovation, quality improvement, and efficiency in the
 1123  production and delivery of health services.
 1124         (2) DEFINITIONS.—As used in this section, the term:
 1125         (a) “Corporation” means the Florida Health Choices, Inc.,
 1126  established under this section.
 1127         (b) “Corporation’s marketplace” means the single,
 1128  centralized market established by the program that facilitates
 1129  the purchase of products made available in the marketplace.
 1130         (c) “Florida Health Insurance Affordability Exchange
 1131  Program” or “FHIX” is the program created under ss. 409.720
 1132  409.731 for low-income, uninsured residents of this state.
 1133         (d)(c) “Health insurance agent” means an agent licensed
 1134  under part IV of chapter 626.
 1135         (e)(d) “Insurer” means an entity licensed under chapter 624
 1136  which offers an individual health insurance policy or a group
 1137  health insurance policy, a preferred provider organization as
 1138  defined in s. 627.6471, an exclusive provider organization as
 1139  defined in s. 627.6472, or a health maintenance organization
 1140  licensed under part I of chapter 641, or a prepaid limited
 1141  health service organization or discount medical plan
 1142  organization licensed under chapter 636, or a managed care plan
 1143  contracted with the Agency for Health Care Administration under
 1144  the managed medical assistance program under part IV of chapter
 1145  409.
 1146         (f) “Patient Protection and Affordable Care Act” or
 1147  “Affordable Care Act” means Pub. L. No. 111-148, as further
 1148  amended by the Health Care and Education Reconciliation Act of
 1149  2010, Pub. L. No. 111-152, and any amendments to or regulations
 1150  or guidance under those acts.
 1151         (g)(e) “Program” means the Florida Health Choices Program
 1152  established by this section.
 1153         (3) PROGRAM PURPOSE AND COMPONENTS.—The Florida Health
 1154  Choices Program is created as a single, centralized market for
 1155  the sale and purchase of various products that enable
 1156  individuals to pay for health care. These products include, but
 1157  are not limited to, health insurance plans, health maintenance
 1158  organization plans, prepaid services, service contracts, and
 1159  flexible spending accounts. The components of the program
 1160  include:
 1161         (a) Enrollment of employers.
 1162         (b) Administrative services for participating employers,
 1163  including:
 1164         1. Assistance in seeking federal approval of cafeteria
 1165  plans.
 1166         2. Collection of premiums and other payments.
 1167         3. Management of individual benefit accounts.
 1168         4. Distribution of premiums to insurers and payments to
 1169  other eligible vendors.
 1170         5. Assistance for participants in complying with reporting
 1171  requirements.
 1172         (c) Services to individual participants, including:
 1173         1. Information about available products and participating
 1174  vendors.
 1175         2. Assistance with assessing the benefits and limits of
 1176  each product, including information necessary to distinguish
 1177  between policies offering creditable coverage and other products
 1178  available through the program.
 1179         3. Account information to assist individual participants
 1180  with managing available resources.
 1181         4. Services that promote healthy behaviors.
 1182         5.Health benefits coverage information about health
 1183  insurance plans compliant with the Affordable Care Act.
 1184         6. Consumer assistance and enrollment services for the
 1185  Florida Health Insurance Affordability Exchange Program, or
 1186  FHIX.
 1187         (d) Recruitment of vendors, including insurers, health
 1188  maintenance organizations, prepaid clinic service providers,
 1189  provider service networks, and other providers.
 1190         (e) Certification of vendors to ensure capability,
 1191  reliability, and validity of offerings.
 1192         (f) Collection of data, monitoring, assessment, and
 1193  reporting of vendor performance.
 1194         (g) Information services for individuals and employers.
 1195         (h) Program evaluation.
 1196         (4) ELIGIBILITY AND PARTICIPATION.—Participation in the
 1197  program is voluntary and shall be available to employers,
 1198  individuals, vendors, and health insurance agents as specified
 1199  in this subsection.
 1200         (a) Employers eligible to enroll in the program include
 1201  those employers that meet criteria established by the
 1202  corporation and elect to make their employees eligible through
 1203  the program.
 1204         (b) Individuals eligible to participate in the program
 1205  include:
 1206         1. Individual employees of enrolled employers.
 1207         2. Other individuals that meet criteria established by the
 1208  corporation.
 1209         (c) Employers who choose to participate in the program may
 1210  enroll by complying with the procedures established by the
 1211  corporation. The procedures must include, but are not limited
 1212  to:
 1213         1. Submission of required information.
 1214         2. Compliance with federal tax requirements for the
 1215  establishment of a cafeteria plan, pursuant to s. 125 of the
 1216  Internal Revenue Code, including designation of the employer’s
 1217  plan as a premium payment plan, a salary reduction plan that has
 1218  flexible spending arrangements, or a salary reduction plan that
 1219  has a premium payment and flexible spending arrangements.
 1220         3. Determination of the employer’s contribution, if any,
 1221  per employee, provided that such contribution is equal for each
 1222  eligible employee.
 1223         4. Establishment of payroll deduction procedures, subject
 1224  to the agreement of each individual employee who voluntarily
 1225  participates in the program.
 1226         5. Designation of the corporation as the third-party
 1227  administrator for the employer’s health benefit plan.
 1228         6. Identification of eligible employees.
 1229         7. Arrangement for periodic payments.
 1230         8. Employer notification to employees of the intent to
 1231  transfer from an existing employee health plan to the program at
 1232  least 90 days before the transition.
 1233         (d) All eligible vendors who choose to participate and the
 1234  products and services that the vendors are permitted to sell are
 1235  as follows:
 1236         1. Insurers licensed under chapter 624 may sell health
 1237  insurance policies, limited benefit policies, other risk-bearing
 1238  coverage, and other products or services.
 1239         2. Health maintenance organizations licensed under part I
 1240  of chapter 641 may sell health maintenance contracts, limited
 1241  benefit policies, other risk-bearing products, and other
 1242  products or services.
 1243         3. Prepaid limited health service organizations may sell
 1244  products and services as authorized under part I of chapter 636,
 1245  and discount medical plan organizations may sell products and
 1246  services as authorized under part II of chapter 636.
 1247         4. Prepaid health clinic service providers licensed under
 1248  part II of chapter 641 may sell prepaid service contracts and
 1249  other arrangements for a specified amount and type of health
 1250  services or treatments.
 1251         5. Health care providers, including hospitals and other
 1252  licensed health facilities, health care clinics, licensed health
 1253  professionals, pharmacies, and other licensed health care
 1254  providers, may sell service contracts and arrangements for a
 1255  specified amount and type of health services or treatments.
 1256         6. Provider organizations, including service networks,
 1257  group practices, professional associations, and other
 1258  incorporated organizations of providers, may sell service
 1259  contracts and arrangements for a specified amount and type of
 1260  health services or treatments.
 1261         7. Corporate entities providing specific health services in
 1262  accordance with applicable state law may sell service contracts
 1263  and arrangements for a specified amount and type of health
 1264  services or treatments.
 1265  
 1266  A vendor described in subparagraphs 3.-7. may not sell products
 1267  that provide risk-bearing coverage unless that vendor is
 1268  authorized under a certificate of authority issued by the Office
 1269  of Insurance Regulation and is authorized to provide coverage in
 1270  the relevant geographic area. Otherwise eligible vendors may be
 1271  excluded from participating in the program for deceptive or
 1272  predatory practices, financial insolvency, or failure to comply
 1273  with the terms of the participation agreement or other standards
 1274  set by the corporation.
 1275         (e) Eligible individuals may participate in the program
 1276  voluntarily. Individuals who join the program may participate by
 1277  complying with the procedures established by the corporation.
 1278  These procedures must include, but are not limited to:
 1279         1. Submission of required information.
 1280         2. Authorization for payroll deduction, if applicable.
 1281         3. Compliance with federal tax requirements.
 1282         4. Arrangements for payment.
 1283         5. Selection of products and services.
 1284         (f) Vendors who choose to participate in the program may
 1285  enroll by complying with the procedures established by the
 1286  corporation. These procedures may include, but are not limited
 1287  to:
 1288         1. Submission of required information, including a complete
 1289  description of the coverage, services, provider network, payment
 1290  restrictions, and other requirements of each product offered
 1291  through the program.
 1292         2. Execution of an agreement to comply with requirements
 1293  established by the corporation.
 1294         3. Execution of an agreement that prohibits refusal to sell
 1295  any offered product or service to a participant who elects to
 1296  buy it.
 1297         4. Establishment of product prices based on applicable
 1298  criteria.
 1299         5. Arrangements for receiving payment for enrolled
 1300  participants.
 1301         6. Participation in ongoing reporting processes established
 1302  by the corporation.
 1303         7. Compliance with grievance procedures established by the
 1304  corporation.
 1305         (g) Health insurance agents licensed under part IV of
 1306  chapter 626 are eligible to voluntarily participate as buyers’
 1307  representatives. A buyer’s representative acts on behalf of an
 1308  individual purchasing health insurance and health services
 1309  through the program by providing information about products and
 1310  services available through the program and assisting the
 1311  individual with both the decision and the procedure of selecting
 1312  specific products. Serving as a buyer’s representative does not
 1313  constitute a conflict of interest with continuing
 1314  responsibilities as a health insurance agent if the relationship
 1315  between each agent and any participating vendor is disclosed
 1316  before advising an individual participant about the products and
 1317  services available through the program. In order to participate,
 1318  a health insurance agent shall comply with the procedures
 1319  established by the corporation, including:
 1320         1. Completion of training requirements.
 1321         2. Execution of a participation agreement specifying the
 1322  terms and conditions of participation.
 1323         3. Disclosure of any appointments to solicit insurance or
 1324  procure applications for vendors participating in the program.
 1325         4. Arrangements to receive payment from the corporation for
 1326  services as a buyer’s representative.
 1327         (5) PRODUCTS.—
 1328         (a) The products that may be made available for purchase
 1329  through the program include, but are not limited to:
 1330         1. Health insurance policies.
 1331         2. Health maintenance contracts.
 1332         3. Limited benefit plans.
 1333         4. Prepaid clinic services.
 1334         5. Service contracts.
 1335         6. Arrangements for purchase of specific amounts and types
 1336  of health services and treatments.
 1337         7. Flexible spending accounts.
 1338         (b) Health insurance policies, health maintenance
 1339  contracts, limited benefit plans, prepaid service contracts, and
 1340  other contracts for services must ensure the availability of
 1341  covered services.
 1342         (c) Products may be offered for multiyear periods provided
 1343  the price of the product is specified for the entire period or
 1344  for each separately priced segment of the policy or contract.
 1345         (d) The corporation shall provide a disclosure form for
 1346  consumers to acknowledge their understanding of the nature of,
 1347  and any limitations to, the benefits provided by the products
 1348  and services being purchased by the consumer.
 1349         (e) The corporation must determine that making the plan
 1350  available through the program is in the interest of eligible
 1351  individuals and eligible employers in the state.
 1352         (6) PRICING.—Prices for the products and services sold
 1353  through the program must be transparent to participants and
 1354  established by the vendors. The corporation may shall annually
 1355  assess a surcharge for each premium or price set by a
 1356  participating vendor. Any The surcharge may not be more than 2.5
 1357  percent of the price and shall be used to generate funding for
 1358  administrative services provided by the corporation and payments
 1359  to buyers’ representatives; however, a surcharge may not be
 1360  assessed for products and services sold in the FHIX marketplace.
 1361         (7) THE MARKETPLACE PROCESS.—The program shall provide a
 1362  single, centralized market for purchase of health insurance,
 1363  health maintenance contracts, and other health products and
 1364  services. Purchases may be made by participating individuals
 1365  over the Internet or through the services of a participating
 1366  health insurance agent. Information about each product and
 1367  service available through the program shall be made available
 1368  through printed material and an interactive Internet website.
 1369         (a)Marketplace purchasing.A participant needing personal
 1370  assistance to select products and services shall be referred to
 1371  a participating agent in his or her area.
 1372         1.(a) Participation in the program may begin at any time
 1373  during a year after the employer completes enrollment and meets
 1374  the requirements specified by the corporation pursuant to
 1375  paragraph (4)(c).
 1376         2.(b) Initial selection of products and services must be
 1377  made by an individual participant within the applicable open
 1378  enrollment period.
 1379         3.(c) Initial enrollment periods for each product selected
 1380  by an individual participant must last at least 12 months,
 1381  unless the individual participant specifically agrees to a
 1382  different enrollment period.
 1383         4.(d) If an individual has selected one or more products
 1384  and enrolled in those products for at least 12 months or any
 1385  other period specifically agreed to by the individual
 1386  participant, changes in selected products and services may only
 1387  be made during the annual enrollment period established by the
 1388  corporation.
 1389         5.(e) The limits established in subparagraphs 2., 3., and
 1390  4. paragraphs (b)-(d) apply to any risk-bearing product that
 1391  promises future payment or coverage for a variable amount of
 1392  benefits or services. The limits do not apply to initiation of
 1393  flexible spending plans if those plans are not associated with
 1394  specific high-deductible insurance policies or the use of
 1395  spending accounts for any products offering individual
 1396  participants specific amounts and types of health services and
 1397  treatments at a contracted price.
 1398         (b) FHIX marketplace purchasing.
 1399         1. Participation in the FHIX marketplace may begin at any
 1400  time during the year.
 1401         2. Initial enrollment periods for certain products selected
 1402  by an individual enrollee which are noncompliant with the
 1403  Affordable Care Act may be required to last at least 12 months,
 1404  unless the individual participant specifically agrees to a
 1405  different enrollment period.
 1406         (8) CONSUMER INFORMATION.—The corporation shall:
 1407         (a) Establish a secure website to facilitate the purchase
 1408  of products and services by participating individuals. The
 1409  website must provide information about each product or service
 1410  available through the program.
 1411         (b) Inform individuals about other public health care
 1412  programs.
 1413         (9) RISK POOLING.—The program may use methods for pooling
 1414  the risk of individual participants and preventing selection
 1415  bias. These methods may include, but are not limited to, a
 1416  postenrollment risk adjustment of the premium payments to the
 1417  vendors. The corporation may establish a methodology for
 1418  assessing the risk of enrolled individual participants based on
 1419  data reported annually by the vendors about their enrollees.
 1420  Distribution of payments to the vendors may be adjusted based on
 1421  the assessed relative risk profile of the enrollees in each
 1422  risk-bearing product for the most recent period for which data
 1423  is available.
 1424         (10) EXEMPTIONS.—
 1425         (a) Products, other than the products set forth in
 1426  subparagraphs (4)(d)1.-4., sold as part of the program are not
 1427  subject to the licensing requirements of the Florida Insurance
 1428  Code, as defined in s. 624.01 or the mandated offerings or
 1429  coverages established in part VI of chapter 627 and chapter 641.
 1430         (b) The corporation may act as an administrator as defined
 1431  in s. 626.88 but is not required to be certified pursuant to
 1432  part VII of chapter 626. However, a third party administrator
 1433  used by the corporation must be certified under part VII of
 1434  chapter 626.
 1435         (c) Any standard forms, website design, or marketing
 1436  communication developed by the corporation and used by the
 1437  corporation, or any vendor that meets the requirements of
 1438  paragraph (4)(f) is not subject to the Florida Insurance Code,
 1439  as established in s. 624.01.
 1440         (11) CORPORATION.—There is created the Florida Health
 1441  Choices, Inc., which shall be registered, incorporated,
 1442  organized, and operated in compliance with part III of chapter
 1443  112 and chapters 119, 286, and 617. The purpose of the
 1444  corporation is to administer the program created in this section
 1445  and to conduct such other business as may further the
 1446  administration of the program.
 1447         (a) The corporation shall be governed by a 15-member board
 1448  of directors consisting of:
 1449         1. Three ex officio, nonvoting members to include:
 1450         a. The Secretary of Health Care Administration or a
 1451  designee with expertise in health care services.
 1452         b. The Secretary of Management Services or a designee with
 1453  expertise in state employee benefits.
 1454         c. The commissioner of the Office of Insurance Regulation
 1455  or a designee with expertise in insurance regulation.
 1456         2. Four members appointed by and serving at the pleasure of
 1457  the Governor.
 1458         3. Four members appointed by and serving at the pleasure of
 1459  the President of the Senate.
 1460         4. Four members appointed by and serving at the pleasure of
 1461  the Speaker of the House of Representatives.
 1462         5. Board members may not include insurers, health insurance
 1463  agents or brokers, health care providers, health maintenance
 1464  organizations, prepaid service providers, or any other entity,
 1465  affiliate, or subsidiary of eligible vendors.
 1466         (b) Members shall be appointed for terms of up to 3 years.
 1467  Any member is eligible for reappointment. A vacancy on the board
 1468  shall be filled for the unexpired portion of the term in the
 1469  same manner as the original appointment.
 1470         (c) The board shall select a chief executive officer for
 1471  the corporation who shall be responsible for the selection of
 1472  such other staff as may be authorized by the corporation’s
 1473  operating budget as adopted by the board.
 1474         (d) Board members are entitled to receive, from funds of
 1475  the corporation, reimbursement for per diem and travel expenses
 1476  as provided by s. 112.061. No other compensation is authorized.
 1477         (e) There is no liability on the part of, and no cause of
 1478  action shall arise against, any member of the board or its
 1479  employees or agents for any action taken by them in the
 1480  performance of their powers and duties under this section.
 1481         (f) The board shall develop and adopt bylaws and other
 1482  corporate procedures as necessary for the operation of the
 1483  corporation and carrying out the purposes of this section. The
 1484  bylaws shall:
 1485         1. Specify procedures for selection of officers and
 1486  qualifications for reappointment, provided that no board member
 1487  shall serve more than 9 consecutive years.
 1488         2. Require an annual membership meeting that provides an
 1489  opportunity for input and interaction with individual
 1490  participants in the program.
 1491         3. Specify policies and procedures regarding conflicts of
 1492  interest, including the provisions of part III of chapter 112,
 1493  which prohibit a member from participating in any decision that
 1494  would inure to the benefit of the member or the organization
 1495  that employs the member. The policies and procedures shall also
 1496  require public disclosure of the interest that prevents the
 1497  member from participating in a decision on a particular matter.
 1498         (g) The corporation may exercise all powers granted to it
 1499  under chapter 617 necessary to carry out the purposes of this
 1500  section, including, but not limited to, the power to receive and
 1501  accept grants, loans, or advances of funds from any public or
 1502  private agency and to receive and accept from any source
 1503  contributions of money, property, labor, or any other thing of
 1504  value to be held, used, and applied for the purposes of this
 1505  section.
 1506         (h) The corporation may establish technical advisory panels
 1507  consisting of interested parties, including consumers, health
 1508  care providers, individuals with expertise in insurance
 1509  regulation, and insurers.
 1510         (i) The corporation shall:
 1511         1. Determine eligibility of employers, vendors,
 1512  individuals, and agents in accordance with subsection (4).
 1513         2. Establish procedures necessary for the operation of the
 1514  program, including, but not limited to, procedures for
 1515  application, enrollment, risk assessment, risk adjustment, plan
 1516  administration, performance monitoring, and consumer education.
 1517         3. Arrange for collection of contributions from
 1518  participating employers, third parties, governmental entities,
 1519  and individuals.
 1520         4. Arrange for payment of premiums and other appropriate
 1521  disbursements based on the selections of products and services
 1522  by the individual participants.
 1523         5. Establish criteria for disenrollment of participating
 1524  individuals based on failure to pay the individual’s share of
 1525  any contribution required to maintain enrollment in selected
 1526  products.
 1527         6. Establish criteria for exclusion of vendors pursuant to
 1528  paragraph (4)(d).
 1529         7. Develop and implement a plan for promoting public
 1530  awareness of and participation in the program.
 1531         8. Secure staff and consultant services necessary to the
 1532  operation of the program.
 1533         9. Establish policies and procedures regarding
 1534  participation in the program for individuals, vendors, health
 1535  insurance agents, and employers.
 1536         10. Provide for the operation of a toll-free hotline to
 1537  respond to requests for assistance.
 1538         11. Provide for initial, open, and special enrollment
 1539  periods.
 1540         12. Evaluate options for employer participation which may
 1541  conform to with common insurance practices.
 1542         13. Administer the Florida Health Insurance Affordability
 1543  Exchange Program in accordance with ss. 409.720-409.731.
 1544         14. Coordinate with the Agency for Health Care
 1545  Administration, the Department of Children and Families, and the
 1546  Florida Healthy Kids Corporation on the transition plan for FHIX
 1547  and any subsequent transition activities.
 1548         (12) REPORT.—The board of the corporation shall Beginning
 1549  in the 2009-2010 fiscal year, submit by February 1 an annual
 1550  report to the Governor, the President of the Senate, and the
 1551  Speaker of the House of Representatives documenting the
 1552  corporation’s activities in compliance with the duties
 1553  delineated in this section.
 1554         (13) PROGRAM INTEGRITY.—To ensure program integrity and to
 1555  safeguard the financial transactions made under the auspices of
 1556  the program, the corporation is authorized to establish
 1557  qualifying criteria and certification procedures for vendors,
 1558  require performance bonds or other guarantees of ability to
 1559  complete contractual obligations, monitor the performance of
 1560  vendors, and enforce the agreements of the program through
 1561  financial penalty or disqualification from the program.
 1562         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1563         (a) Definitions.—For purposes of this subsection, the term:
 1564         1. “Buyer’s representative” means a participating insurance
 1565  agent as described in paragraph (4)(g).
 1566         2. “Enrollee” means an employer who is eligible to enroll
 1567  in the program pursuant to paragraph (4)(a).
 1568         3. “Participant” means an individual who is eligible to
 1569  participate in the program pursuant to paragraph (4)(b).
 1570         4. “Proprietary confidential business information” means
 1571  information, regardless of form or characteristics, that is
 1572  owned or controlled by a vendor requesting confidentiality under
 1573  this section; that is intended to be and is treated by the
 1574  vendor as private in that the disclosure of the information
 1575  would cause harm to the business operations of the vendor; that
 1576  has not been disclosed unless disclosed pursuant to a statutory
 1577  provision, an order of a court or administrative body, or a
 1578  private agreement providing that the information may be released
 1579  to the public; and that is information concerning:
 1580         a. Business plans.
 1581         b. Internal auditing controls and reports of internal
 1582  auditors.
 1583         c. Reports of external auditors for privately held
 1584  companies.
 1585         d. Client and customer lists.
 1586         e. Potentially patentable material.
 1587         f. A trade secret as defined in s. 688.002.
 1588         5. “Vendor” means a participating insurer or other provider
 1589  of services as described in paragraph (4)(d).
 1590         (b) Public record exemptions.—
 1591         1. Personal identifying information of an enrollee or
 1592  participant who has applied for or participates in the Florida
 1593  Health Choices Program is confidential and exempt from s.
 1594  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1595         2. Client and customer lists of a buyer’s representative
 1596  held by the corporation are confidential and exempt from s.
 1597  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1598         3. Proprietary confidential business information held by
 1599  the corporation is confidential and exempt from s. 119.07(1) and
 1600  s. 24(a), Art. I of the State Constitution.
 1601         (c) Retroactive application.—The public record exemptions
 1602  provided for in paragraph (b) apply to information held by the
 1603  corporation before, on, or after the effective date of this
 1604  exemption.
 1605         (d) Authorized release.—
 1606         1. Upon request, information made confidential and exempt
 1607  pursuant to this subsection shall be disclosed to:
 1608         a. Another governmental entity in the performance of its
 1609  official duties and responsibilities.
 1610         b. Any person who has the written consent of the program
 1611  applicant.
 1612         c. The Florida Kidcare program for the purpose of
 1613  administering the program authorized in ss. 409.810-409.821.
 1614         2. Paragraph (b) does not prohibit a participant’s legal
 1615  guardian from obtaining confirmation of coverage, dates of
 1616  coverage, the name of the participant’s health plan, and the
 1617  amount of premium being paid.
 1618         (e) Penalty.—A person who knowingly and willfully violates
 1619  this subsection commits a misdemeanor of the second degree,
 1620  punishable as provided in s. 775.082 or s. 775.083.
 1621         (f) Review and repeal.—This subsection is subject to the
 1622  Open Government Sunset Review Act in accordance with s. 119.15,
 1623  and shall stand repealed on October 2, 2016, unless reviewed and
 1624  saved from repeal through reenactment by the Legislature.
 1625         Section 24. Effective upon this act becoming a law,
 1626  subsection (2) of section 409.904, Florida Statutes, is amended
 1627  to read:
 1628         409.904 Optional payments for eligible persons.—The agency
 1629  may make payments for medical assistance and related services on
 1630  behalf of the following persons who are determined to be
 1631  eligible subject to the income, assets, and categorical
 1632  eligibility tests set forth in federal and state law. Payment on
 1633  behalf of these Medicaid eligible persons is subject to the
 1634  availability of moneys and any limitations established by the
 1635  General Appropriations Act or chapter 216.
 1636         (2) A family, a pregnant woman, a child under age 21, a
 1637  person age 65 or over, or a blind or disabled person, who would
 1638  be eligible under any group listed in s. 409.903(1), (2), or
 1639  (3), except that the income or assets of such family or person
 1640  exceed established limitations. For a family or person in one of
 1641  these coverage groups, medical expenses are deductible from
 1642  income in accordance with federal requirements in order to make
 1643  a determination of eligibility. A family or person eligible
 1644  under the coverage known as the “medically needy,” is eligible
 1645  to receive the same services as other Medicaid recipients, with
 1646  the exception of services in skilled nursing facilities and
 1647  intermediate care facilities for the developmentally disabled.
 1648  Effective October 1, 2015, persons eligible under “medically
 1649  needy” shall be limited to children under the age of 21 and
 1650  pregnant women. This subsection expires October 1, 2019.
 1651         Section 25. Effective upon this act becoming a law, section
 1652  624.91, Florida Statutes, is amended to read:
 1653         624.91 The Florida Healthy Kids Corporation Act.—
 1654         (1) SHORT TITLE.—This section may be cited as the “William
 1655  G. ‘Doc’ Myers Healthy Kids Corporation Act.”
 1656         (2) LEGISLATIVE INTENT.—
 1657         (a) The Legislature finds that increased access to health
 1658  care services could improve children’s health and reduce the
 1659  incidence and costs of childhood illness and disabilities among
 1660  children in this state. Many children do not have comprehensive,
 1661  affordable health care services available. It is the intent of
 1662  the Legislature that the Florida Healthy Kids Corporation
 1663  provide comprehensive health insurance coverage to such
 1664  children. The corporation is encouraged to cooperate with any
 1665  existing health service programs funded by the public or the
 1666  private sector.
 1667         (b) It is the intent of the Legislature that the Florida
 1668  Healthy Kids Corporation serve as one of several providers of
 1669  services to children eligible for medical assistance under Title
 1670  XXI of the Social Security Act. Although the corporation may
 1671  serve other children, the Legislature intends the primary
 1672  recipients of services provided through the corporation be
 1673  school-age children with a family income below 200 percent of
 1674  the federal poverty level, who do not qualify for Medicaid. It
 1675  is also the intent of the Legislature that state and local
 1676  government Florida Healthy Kids funds be used to continue
 1677  coverage, subject to specific appropriations in the General
 1678  Appropriations Act, to children not eligible for federal
 1679  matching funds under Title XXI.
 1680         (3) ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.—Only residents
 1681  of this state are eligible the following individuals are
 1682  eligible for state-funded assistance in paying Florida Healthy
 1683  Kids premiums pursuant to s. 409.814.:
 1684         (a) Residents of this state who are eligible for the
 1685  Florida Kidcare program pursuant to s. 409.814.
 1686         (b) Notwithstanding s. 409.814, legal aliens who are
 1687  enrolled in the Florida Healthy Kids program as of January 31,
 1688  2004, who do not qualify for Title XXI federal funds because
 1689  they are not qualified aliens as defined in s. 409.811.
 1690         (4) NONENTITLEMENT.—Nothing in this section shall be
 1691  construed as providing an individual with an entitlement to
 1692  health care services. No cause of action shall arise against the
 1693  state, the Florida Healthy Kids Corporation, or a unit of local
 1694  government for failure to make health services available under
 1695  this section.
 1696         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
 1697         (a) There is created the Florida Healthy Kids Corporation,
 1698  a not-for-profit corporation.
 1699         (b) The Florida Healthy Kids Corporation shall:
 1700         1. Arrange for the collection of any individual, family,
 1701  local contributions, or employer payment or premium, in an
 1702  amount to be determined by the board of directors, to provide
 1703  for payment of premiums for comprehensive insurance coverage and
 1704  for the actual or estimated administrative expenses.
 1705         2. Arrange for the collection of any voluntary
 1706  contributions to provide for payment of Florida Kidcare program
 1707  or Florida Health Insurance Affordability Exchange Program
 1708  premiums for children who are not eligible for medical
 1709  assistance under Title XIX or Title XXI of the Social Security
 1710  Act.
 1711         3. Subject to the provisions of s. 409.8134, accept
 1712  voluntary supplemental local match contributions that comply
 1713  with the requirements of Title XXI of the Social Security Act
 1714  for the purpose of providing additional Florida Kidcare coverage
 1715  in contributing counties under Title XXI.
 1716         4. Establish the administrative and accounting procedures
 1717  for the operation of the corporation.
 1718         4.5. Establish, with consultation from appropriate
 1719  professional organizations, standards for preventive health
 1720  services and providers and comprehensive insurance benefits
 1721  appropriate to children, provided that such standards for rural
 1722  areas shall not limit primary care providers to board-certified
 1723  pediatricians.
 1724         5.6. Determine eligibility for children seeking to
 1725  participate in the Title XXI-funded components of the Florida
 1726  Kidcare program consistent with the requirements specified in s.
 1727  409.814, as well as the non-Title-XXI-eligible children as
 1728  provided in subsection (3).
 1729         6.7. Establish procedures under which providers of local
 1730  match to, applicants to and participants in the program may have
 1731  grievances reviewed by an impartial body and reported to the
 1732  board of directors of the corporation.
 1733         7.8. Establish participation criteria and, if appropriate,
 1734  contract with an authorized insurer, health maintenance
 1735  organization, or third-party administrator to provide
 1736  administrative services to the corporation.
 1737         8.9. Establish enrollment criteria that include penalties
 1738  or waiting periods of 30 days for reinstatement of coverage upon
 1739  voluntary cancellation for nonpayment of family or individual
 1740  premiums.
 1741         9.10. Contract with authorized insurers or any provider of
 1742  health care services, meeting standards established by the
 1743  corporation, for the provision of comprehensive insurance
 1744  coverage to participants. Such standards shall include criteria
 1745  under which the corporation may contract with more than one
 1746  provider of health care services in program sites.
 1747         a. Health plans shall be selected through a competitive bid
 1748  process. The Florida Healthy Kids Corporation shall purchase
 1749  goods and services in the most cost-effective manner consistent
 1750  with the delivery of quality medical care.
 1751         b. The maximum administrative cost for a Florida Healthy
 1752  Kids Corporation contract shall be 15 percent. For health and
 1753  dental care contracts, the minimum medical loss ratio for a
 1754  Florida Healthy Kids Corporation contract shall be 85 percent.
 1755  The calculations must use uniform financial data collected from
 1756  all plans in a format established by the corporation and shall
 1757  be computed for each plan on a statewide basis. Funds shall be
 1758  classified in a manner consistent with 45 C.F.R. part 158 For
 1759  dental contracts, the remaining compensation to be paid to the
 1760  authorized insurer or provider under a Florida Healthy Kids
 1761  Corporation contract shall be no less than an amount which is 85
 1762  percent of premium; to the extent any contract provision does
 1763  not provide for this minimum compensation, this section shall
 1764  prevail.
 1765         c. The health plan selection criteria and scoring system,
 1766  and the scoring results, shall be available upon request for
 1767  inspection after the bids have been awarded.
 1768         d. Effective July 1, 2016, health and dental services
 1769  contracts of the corporation must transition to the FHIX
 1770  marketplace under s. 409.722. Qualifying plans may enroll as
 1771  vendors with the FHIX marketplace to maintain continuity of care
 1772  for participants.
 1773         10.11. Establish disenrollment criteria in the event local
 1774  matching funds are insufficient to cover enrollments.
 1775         11.12. Develop and implement a plan to publicize the
 1776  Florida Kidcare program, the eligibility requirements of the
 1777  program, and the procedures for enrollment in the program and to
 1778  maintain public awareness of the corporation and the program.
 1779         12.13. Secure staff necessary to properly administer the
 1780  corporation. Staff costs shall be funded from state and local
 1781  matching funds and such other private or public funds as become
 1782  available. The board of directors shall determine the number of
 1783  staff members necessary to administer the corporation.
 1784         13.14. In consultation with the partner agencies, provide a
 1785  report on the Florida Kidcare program annually to the Governor,
 1786  the Chief Financial Officer, the Commissioner of Education, the
 1787  President of the Senate, the Speaker of the House of
 1788  Representatives, and the Minority Leaders of the Senate and the
 1789  House of Representatives.
 1790         14.15. Provide information on a quarterly basis online to
 1791  the Legislature and the Governor which compares the costs and
 1792  utilization of the full-pay enrolled population and the Title
 1793  XXI-subsidized enrolled population in the Florida Kidcare
 1794  program. The information, at a minimum, must include:
 1795         a. The monthly enrollment and expenditure for full-pay
 1796  enrollees in the Medikids and Florida Healthy Kids programs
 1797  compared to the Title XXI-subsidized enrolled population; and
 1798         b. The costs and utilization by service of the full-pay
 1799  enrollees in the Medikids and Florida Healthy Kids programs and
 1800  the Title XXI-subsidized enrolled population.
 1801         15.16. Establish benefit packages that conform to the
 1802  provisions of the Florida Kidcare program, as created in ss.
 1803  409.810-409.821.
 1804         16. Contract with other insurance affordability programs
 1805  and FHIX to provide customer service or other enrollment-focused
 1806  services.
 1807         17. Annually develop performance metrics for the following
 1808  focus areas:
 1809         a. Administrative functions.
 1810         b. Contracting with vendors.
 1811         c. Customer service.
 1812         d. Enrollee education.
 1813         e. Financial services.
 1814         f. Program integrity.
 1815         (c) Coverage under the corporation’s program is secondary
 1816  to any other available private coverage held by, or applicable
 1817  to, the participant child or family member. Insurers under
 1818  contract with the corporation are the payors of last resort and
 1819  must coordinate benefits with any other third-party payor that
 1820  may be liable for the participant’s medical care.
 1821         (d) The Florida Healthy Kids Corporation shall be a private
 1822  corporation not for profit, organized pursuant to chapter 617,
 1823  and shall have all powers necessary to carry out the purposes of
 1824  this act, including, but not limited to, the power to receive
 1825  and accept grants, loans, or advances of funds from any public
 1826  or private agency and to receive and accept from any source
 1827  contributions of money, property, labor, or any other thing of
 1828  value, to be held, used, and applied for the purposes of this
 1829  act.
 1830         (6) BOARD OF DIRECTORS AND MANAGEMENT SUPERVISION.—
 1831         (a) The Florida Healthy Kids Corporation shall operate
 1832  subject to the supervision and approval of a board of directors.
 1833  The board chair shall be an appointee designated by the
 1834  Governor, and the board shall be chaired by the Chief Financial
 1835  Officer or her or his designee, and composed of 12 other
 1836  members. The Senate shall confirm the designated chair and other
 1837  board appointees. The board members shall be appointed selected
 1838  for 3-year terms. of office as follows:
 1839         1. The Secretary of Health Care Administration, or his or
 1840  her designee.
 1841         2. One member appointed by the Commissioner of Education
 1842  from the Office of School Health Programs of the Florida
 1843  Department of Education.
 1844         3. One member appointed by the Chief Financial Officer from
 1845  among three members nominated by the Florida Pediatric Society.
 1846         4. One member, appointed by the Governor, who represents
 1847  the Children’s Medical Services Program.
 1848         5. One member appointed by the Chief Financial Officer from
 1849  among three members nominated by the Florida Hospital
 1850  Association.
 1851         6. One member, appointed by the Governor, who is an expert
 1852  on child health policy.
 1853         7. One member, appointed by the Chief Financial Officer,
 1854  from among three members nominated by the Florida Academy of
 1855  Family Physicians.
 1856         8. One member, appointed by the Governor, who represents
 1857  the state Medicaid program.
 1858         9. One member, appointed by the Chief Financial Officer,
 1859  from among three members nominated by the Florida Association of
 1860  Counties.
 1861         10. The State Health Officer or her or his designee.
 1862         11. The Secretary of Children and Families, or his or her
 1863  designee.
 1864         12. One member, appointed by the Governor, from among three
 1865  members nominated by the Florida Dental Association.
 1866         (b) A member of the board of directors serves at the
 1867  pleasure of the Governor may be removed by the official who
 1868  appointed that member. The board shall appoint an executive
 1869  director, who is responsible for other staff authorized by the
 1870  board.
 1871         (c) Board members are entitled to receive, from funds of
 1872  the corporation, reimbursement for per diem and travel expenses
 1873  as provided by s. 112.061.
 1874         (d) There shall be no liability on the part of, and no
 1875  cause of action shall arise against, any member of the board of
 1876  directors, or its employees or agents, for any action they take
 1877  in the performance of their powers and duties under this act.
 1878         (e) Board members who are serving as of the effective date
 1879  of this act may remain on the board until January 1, 2016.
 1880         (7) LICENSING NOT REQUIRED; FISCAL OPERATION.—
 1881         (a) The corporation shall not be deemed an insurer. The
 1882  officers, directors, and employees of the corporation shall not
 1883  be deemed to be agents of an insurer. Neither the corporation
 1884  nor any officer, director, or employee of the corporation is
 1885  subject to the licensing requirements of the insurance code or
 1886  the rules of the Department of Financial Services. However, any
 1887  marketing representative utilized and compensated by the
 1888  corporation must be appointed as a representative of the
 1889  insurers or health services providers with which the corporation
 1890  contracts.
 1891         (b) The board has complete fiscal control over the
 1892  corporation and is responsible for all corporate operations.
 1893         (c) The Department of Financial Services shall supervise
 1894  any liquidation or dissolution of the corporation and shall
 1895  have, with respect to such liquidation or dissolution, all power
 1896  granted to it pursuant to the insurance code.
 1897         (8) TRANSITION PLANS.—The corporation shall confer with the
 1898  Agency for Health Care Administration, the Department of
 1899  Children and Families, and Florida Health Choices, Inc., to
 1900  develop transition plans for the Florida Health Insurance
 1901  Affordability Exchange Program as created under ss. 409.720
 1902  409.731.
 1903         Section 26. Effective upon this act becoming a law, section
 1904  624.915, Florida Statutes, is repealed.
 1905         Section 27. Effective upon this act becoming a law, the
 1906  Division of Law Revision and Information is directed to replace
 1907  the phrase “the effective date of this act” wherever it occurs
 1908  in this act with the date the act becomes a law.
 1909         Section 28. Except as otherwise expressly provided in this
 1910  act and except for this section, which shall take effect upon
 1911  this act becoming a law, this act shall take effect July 1,
 1912  2015.