Florida Senate - 2016 SB 248
By Senator Garcia
38-00325-16 2016248__
1 A bill to be entitled
2 An act relating to medical assistance funding for
3 lawfully residing children; amending s. 409.811, F.S.;
4 defining the term “lawfully residing child”; deleting
5 the definition of the term “qualified alien”;
6 conforming provisions to changes made by the act;
7 amending s. 409.814, F.S.; revising eligibility for
8 the Florida Kidcare program to conform to changes made
9 by the act; clarifying that undocumented immigrants
10 are excluded from eligibility; amending s. 409.904,
11 F.S.; providing eligibility for optional payments for
12 medical assistance and related services for certain
13 lawfully residing children; clarifying that
14 undocumented immigrants are excluded from eligibility
15 for optional Medicaid payments or related services;
16 amending s. 624.91, F.S.; conforming provisions to
17 changes made by the act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Present subsections (17) through (22) of section
22 409.811, Florida Statutes, are redesignated as subsections (18)
23 through (23), respectively, a new subsection (17) is added to
24 that section, and present subsections (23) and (24) of that
25 section are amended, to read:
26 409.811 Definitions relating to Florida Kidcare Act.—As
27 used in ss. 409.810-409.821, the term:
28 (17) “Lawfully residing child” means a child who is
29 lawfully present in the United States, meets Medicaid or the
30 Children’s Health Insurance Program (CHIP) residency
31 requirements, and may be eligible for medical assistance with
32 federal financial participation as provided under s. 214 of the
33 Children’s Health Insurance Program Reauthorization Act of 2009,
34 Pub. L. No. 111-3, and related federal regulations.
35 (23) “Qualified alien” means an alien as defined in s. 431
36 of the Personal Responsibility and Work Opportunity
37 Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.
38 (24) “Resident” means a United States citizen, or lawfully
39 residing child qualified alien, who is domiciled in this state.
40 Section 2. Paragraph (c) of subsection (4) of section
41 409.814, Florida Statutes, is amended to read:
42 409.814 Eligibility.—A child who has not reached 19 years
43 of age whose family income is equal to or below 200 percent of
44 the federal poverty level is eligible for the Florida Kidcare
45 program as provided in this section. If an enrolled individual
46 is determined to be ineligible for coverage, he or she must be
47 immediately disenrolled from the respective Florida Kidcare
48 program component.
49 (4) The following children are not eligible to receive
50 Title XXI-funded premium assistance for health benefits coverage
51 under the Florida Kidcare program, except under Medicaid if the
52 child would have been eligible for Medicaid under s. 409.903 or
53 s. 409.904 as of June 1, 1997:
54 (c) A child who is an alien, but who does not meet the
55 definition of a lawfully residing child qualified alien, in the
56 United States. This paragraph does not extend eligibility for
57 the Florida Kidcare program to an undocumented immigrant.
58 Section 3. Present subsections (8) and (9) of section
59 409.904, Florida Statutes, are redesignated as subsections (9)
60 and (10), respectively, and a new subsection (8) is added to
61 that section, to read:
62 409.904 Optional payments for eligible persons.—The agency
63 may make payments for medical assistance and related services on
64 behalf of the following persons who are determined to be
65 eligible subject to the income, assets, and categorical
66 eligibility tests set forth in federal and state law. Payment on
67 behalf of these Medicaid eligible persons is subject to the
68 availability of moneys and any limitations established by the
69 General Appropriations Act or chapter 216.
70 (8) A child who has not attained the age of 19 who,
71 notwithstanding s. 414.095(3), would be eligible for Medicaid
72 under s. 409.903, except that the child is a lawfully residing
73 child as defined in s. 409.811. This subsection does not extend
74 eligibility for optional Medicaid payments or related services
75 to an undocumented immigrant.
76 Section 4. Paragraph (b) of subsection (3) of section
77 624.91, Florida Statutes, is amended to read:
78 624.91 The Florida Healthy Kids Corporation Act.—
79 (3) ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.—Only the
80 following individuals are eligible for state-funded assistance
81 in paying Florida Healthy Kids premiums:
82 (b) Notwithstanding s. 409.814, a legal alien aliens who is
83 are enrolled in the Florida Healthy Kids program as of January
84 31, 2004, who does do not qualify for Title XXI federal funds
85 because he or she is they are not a lawfully residing child
86 qualified aliens as defined in s. 409.811.
87 Section 5. This act shall take effect July 1, 2016.