Florida Senate - 2022                                     SB 640
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00734B-22                                           2022640__
    1                        A bill to be entitled                      
    2         An act relating to Florida Kidcare program income
    3         eligibility; creating s. 409.8141, F.S.; establishing
    4         a tiered system of family premiums for Title XXI
    5         coverage under the Florida Kidcare program beginning
    6         with a specified fiscal year; limiting the total
    7         aggregate premium; authorizing the Agency for Health
    8         Care Administration to seek federal waiver approval or
    9         submit any state plan amendments as necessary;
   10         providing for future expiration; amending ss.
   11         409.8132, 409.814, and 624.91, F.S.; increasing the
   12         income eligibility threshold for coverage under the
   13         program to conform to changes made by the act;
   14         providing applicability; providing for reversion of
   15         certain provisions; requiring the agency to notify the
   16         Division of Law Revision within a specified timeframe
   17         after receiving federal approval through a waiver or
   18         state plan amendment; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 409.8141, Florida Statutes, is created
   23  to read:
   24         409.8141Tiered system of family premiums for Title XXI
   25  coverage under the Florida Kidcare program.—
   26         (1)Beginning with the 2022-2023 fiscal year and subject to
   27  federal approval through a waiver or a state plan amendment, the
   28  following tiered system of family premiums for Title XXI
   29  coverage under the Florida Kidcare program shall apply:
   30         (a)For a child whose family has an income from 201 through
   31  250 percent of the federal poverty level, a family premium of
   32  $50 per month per child.
   33         (b)For a child whose family has an income from 251 through
   34  300 percent of the federal poverty level, a family premium of
   35  $100 per month per child.
   36         (c)For a child whose family has an income from 301 through
   37  350 percent of the federal poverty level, a family premium of
   38  $150 per month per child.
   39         (d)For a child whose family has an income from 351 through
   40  400 percent of the federal poverty level, a family premium of
   41  $200 per month per child.
   42         (2)The total monthly aggregate premium under subsection
   43  (1) for all children in a family may not exceed $800 per month.
   44         (3)The agency may seek federal waiver approval or submit
   45  any state plan amendments necessary to implement this section.
   46         (4)This section expires July 1, 2025.
   47         Section 2. Paragraph (a) of subsection (6) of section
   48  409.8132, Florida Statutes, is amended to read:
   49         409.8132 Medikids program component.—
   50         (6) ELIGIBILITY.—
   51         (a) A child who has attained the age of 1 year but who is
   52  under the age of 5 years is eligible to enroll in the Medikids
   53  program component of the Florida Kidcare program, if the child
   54  is a member of a family that has a family income which exceeds
   55  the Medicaid applicable income level as specified in s. 409.903,
   56  but which is equal to or below 400 200 percent of the current
   57  federal poverty level. In determining the eligibility of such a
   58  child, an assets test is not required. A child who is eligible
   59  for Medikids may elect to enroll in Florida Healthy Kids
   60  coverage or employer-sponsored group coverage. However, a child
   61  who is eligible for Medikids may participate in the Florida
   62  Healthy Kids program only if the child has a sibling
   63  participating in the Florida Healthy Kids program and the
   64  child’s county of residence permits such enrollment.
   65         Section 3. Section 409.814, Florida Statutes, is amended to
   66  read:
   67         409.814 Eligibility.—A child who has not reached 19 years
   68  of age whose family income is equal to or below 400 200 percent
   69  of the federal poverty level is eligible for the Florida Kidcare
   70  program as provided in this section. If an enrolled individual
   71  is determined to be ineligible for coverage, he or she must be
   72  immediately disenrolled from the respective Florida Kidcare
   73  program component.
   74         (1) A child who is eligible for Medicaid coverage under s.
   75  409.903 or s. 409.904 must be enrolled in Medicaid and is not
   76  eligible to receive health benefits under any other health
   77  benefits coverage authorized under the Florida Kidcare program.
   78         (2) A child who is not eligible for Medicaid, but who is
   79  eligible for the Florida Kidcare program, may obtain health
   80  benefits coverage under any of the other components listed in s.
   81  409.813 if such coverage is approved and available in the county
   82  in which the child resides.
   83         (3) A Title XXI-funded child who is eligible for the
   84  Florida Kidcare program who is a child with special health care
   85  needs, as determined through a medical or behavioral screening
   86  instrument, is eligible for health benefits coverage from and
   87  shall be assigned to and may opt out of the Children’s Medical
   88  Services Network.
   89         (4) The following children are not eligible to receive
   90  Title XXI-funded premium assistance for health benefits coverage
   91  under the Florida Kidcare program, except under Medicaid if the
   92  child would have been eligible for Medicaid under s. 409.903 or
   93  s. 409.904 as of June 1, 1997:
   94         (a) A child who is covered under a family member’s group
   95  health benefit plan or under other private or employer health
   96  insurance coverage, if the cost of the child’s participation is
   97  not greater than 5 percent of the family’s income. If a child is
   98  otherwise eligible for a subsidy under the Florida Kidcare
   99  program and the cost of the child’s participation in the family
  100  member’s health insurance benefit plan is greater than 5 percent
  101  of the family’s income, the child may enroll in the appropriate
  102  subsidized Kidcare program.
  103         (b) A child who is seeking premium assistance for the
  104  Florida Kidcare program through employer-sponsored group
  105  coverage, if the child has been covered by the same employer’s
  106  group coverage during the 60 days before the family submitted an
  107  application for determination of eligibility under the program.
  108         (c) A child who is an alien but who does not meet the
  109  definition of a lawfully residing child. This paragraph does not
  110  extend eligibility for the Florida Kidcare program to an
  111  undocumented immigrant.
  112         (d) A child who is an inmate of a public institution or a
  113  patient in an institution for mental diseases.
  114         (e) A child who is otherwise eligible for premium
  115  assistance for the Florida Kidcare program and has had his or
  116  her coverage in an employer-sponsored or private health benefit
  117  plan voluntarily canceled in the last 60 days, except those
  118  children whose coverage was voluntarily canceled for good cause,
  119  including, but not limited to, the following circumstances:
  120         1. The cost of participation in an employer-sponsored
  121  health benefit plan is greater than 5 percent of the family’s
  122  income;
  123         2. The parent lost a job that provided an employer
  124  sponsored health benefit plan for children;
  125         3. The parent who had health benefits coverage for the
  126  child is deceased;
  127         4. The child has a medical condition that, without medical
  128  care, would cause serious disability, loss of function, or
  129  death;
  130         5. The employer of the parent canceled health benefits
  131  coverage for children;
  132         6. The child’s health benefits coverage ended because the
  133  child reached the maximum lifetime coverage amount;
  134         7. The child has exhausted coverage under a COBRA
  135  continuation provision;
  136         8. The health benefits coverage does not cover the child’s
  137  health care needs; or
  138         9. Domestic violence led to loss of coverage.
  139         (5) A child who is otherwise eligible for the Florida
  140  Kidcare program and who has a preexisting condition that
  141  prevents coverage under another insurance plan as described in
  142  paragraph (4)(a) which would have disqualified the child for the
  143  Florida Kidcare program if the child were able to enroll in the
  144  plan is eligible for Florida Kidcare coverage when enrollment is
  145  possible.
  146         (6) A child whose family income is above 400 200 percent of
  147  the federal poverty level or a child who is excluded under the
  148  provisions of subsection (4) may participate in the Florida
  149  Kidcare program as provided in s. 409.8132 or, if the child is
  150  ineligible for Medikids by reason of age, in the Florida Healthy
  151  Kids program, subject to the following:
  152         (a) The family is not eligible for premium assistance
  153  payments and must pay the full cost of the premium, including
  154  any administrative costs.
  155         (b) The board of directors of the Florida Healthy Kids
  156  Corporation may offer a reduced benefit package to these
  157  children in order to limit program costs for such families.
  158         (7) Once a child is enrolled in the Florida Kidcare
  159  program, the child is eligible for coverage for 12 months
  160  without a redetermination or reverification of eligibility, if
  161  the family continues to pay the applicable premium. Eligibility
  162  for program components funded through Title XXI of the Social
  163  Security Act terminates when a child attains the age of 19. A
  164  child who has not attained the age of 5 and who has been
  165  determined eligible for the Medicaid program is eligible for
  166  coverage for 12 months without a redetermination or
  167  reverification of eligibility.
  168         (8) When determining or reviewing a child’s eligibility
  169  under the Florida Kidcare program, the applicant shall be
  170  provided with reasonable notice of changes in eligibility which
  171  may affect enrollment in one or more of the program components.
  172  If a transition from one program component to another is
  173  authorized, there shall be cooperation between the program
  174  components and the affected family which promotes continuity of
  175  health care coverage. Any authorized transfers must be managed
  176  within the program’s overall appropriated or authorized levels
  177  of funding. Each component of the program shall establish a
  178  reserve to ensure that transfers between components will be
  179  accomplished within current year appropriations. These reserves
  180  shall be reviewed by each convening of the Social Services
  181  Estimating Conference to determine the adequacy of such reserves
  182  to meet actual experience.
  183         (9) In determining the eligibility of a child, an assets
  184  test is not required. Each applicant shall provide documentation
  185  during the application process and the redetermination process,
  186  including, but not limited to, the following:
  187         (a) Proof of family income, which must be verified
  188  electronically to determine financial eligibility for the
  189  Florida Kidcare program. Written documentation, which may
  190  include wages and earnings statements or pay stubs, W-2 forms,
  191  or a copy of the applicant’s most recent federal income tax
  192  return, is required only if the electronic verification is not
  193  available or does not substantiate the applicant’s income.
  194         (b) A statement from all applicable, employed family
  195  members that:
  196         1. Their employers do not sponsor health benefit plans for
  197  employees;
  198         2. The potential enrollee is not covered by an employer
  199  sponsored health benefit plan; or
  200         3. The potential enrollee is covered by an employer
  201  sponsored health benefit plan and the cost of the employer
  202  sponsored health benefit plan is more than 5 percent of the
  203  family’s income.
  204         (c) To enroll in the Children’s Medical Services Network, a
  205  completed application, including a clinical screening.
  206         (10) Subject to paragraph (4)(a), the Florida Kidcare
  207  program shall withhold benefits from an enrollee if the program
  208  obtains evidence that the enrollee is no longer eligible,
  209  submitted incorrect or fraudulent information in order to
  210  establish eligibility, or failed to provide verification of
  211  eligibility. The applicant or enrollee shall be notified that
  212  because of such evidence program benefits will be withheld
  213  unless the applicant or enrollee contacts a designated
  214  representative of the program by a specified date, which must be
  215  within 10 working days after the date of notice, to discuss and
  216  resolve the matter. The program shall make every effort to
  217  resolve the matter within a timeframe that will not cause
  218  benefits to be withheld from an eligible enrollee.
  219         (11) The following individuals may be subject to
  220  prosecution in accordance with s. 414.39:
  221         (a) An applicant obtaining or attempting to obtain benefits
  222  for a potential enrollee under the Florida Kidcare program when
  223  the applicant knows or should have known the potential enrollee
  224  does not qualify for the Florida Kidcare program.
  225         (b) An individual who assists an applicant in obtaining or
  226  attempting to obtain benefits for a potential enrollee under the
  227  Florida Kidcare program when the individual knows or should have
  228  known the potential enrollee does not qualify for the Florida
  229  Kidcare program.
  230         Section 4. Paragraph (b) of subsection (2) of section
  231  624.91, Florida Statutes, is amended to read:
  232         624.91 The Florida Healthy Kids Corporation Act.—
  233         (2) LEGISLATIVE INTENT.—
  234         (b) It is the intent of the Legislature that the Florida
  235  Healthy Kids Corporation serve as one of several providers of
  236  services to children eligible for medical assistance under Title
  237  XXI of the Social Security Act. Although the corporation may
  238  serve other children, the Legislature intends the primary
  239  recipients of services provided through the corporation be
  240  school-age children with a family income equal to or below 400
  241  200 percent of the federal poverty level, who do not qualify for
  242  Medicaid. It is also the intent of the Legislature that state
  243  and local government Florida Healthy Kids funds be used to
  244  continue coverage, subject to specific appropriations in the
  245  General Appropriations Act, to children not eligible for federal
  246  matching funds under Title XXI.
  247         Section 5. (1)The amendments to ss. 409.8132, 409.814, and
  248  624.91, Florida Statutes, made by this act are subject to
  249  federal approval through a waiver or state plan amendment and
  250  expire July 1, 2025. Upon expiration, the text of ss. 409.8132,
  251  409.814, and 624.91, Florida Statutes, shall revert to that in
  252  existence on June 30, 2022; however:
  253         (a)This act shall remain in effect for any child enrolled
  254  in the Title XXI-funded Florida Kidcare program on July 1, 2025,
  255  until such time as the child ceases enrollment in the Title XXI
  256  funded Florida Kidcare program.
  257         (b)Any amendments to the text of ss. 409.8132, 409.814, or
  258  624.91, Florida Statutes, enacted other than by this act shall
  259  be preserved and continue to operate to the extent that such
  260  amendments are not dependent upon the portions of text which
  261  expire pursuant to this section.
  262         (2)The Agency for Health Care Administration shall notify
  263  the Division of Law Revision within 10 days after receiving
  264  federal approval through a waiver or state plan amendment.
  265         Section 6. This act shall take effect July 1, 2022.