Bill Text: FL S2082 | 2010 | Regular Session | Introduced
Bill Title: Florida Kidcare Program [WPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S2082 Detail]
Download: Florida-2010-S2082-Introduced.html
Florida Senate - 2010 SB 2082 By Senator Rich 34-00807C-10 20102082__ 1 A bill to be entitled 2 An act relating to the Florida Kidcare program; 3 amending s. 409.8132, F.S.; providing that children 4 under the age of 1 may participate in the Medikids 5 program; conforming cross-references; amending s. 6 409.814, F.S.; requiring that children who are 7 eligible for Kidcare be offered the opportunity to be 8 made presumptively eligible; providing that children 9 who are eligible for a state-sponsored health benefit 10 plan and the subsidized Kidcare program may enroll in 11 the program; providing that an eligible child who is a 12 lawful immigrant may enroll in the Florida Kidcare 13 program regardless of the child’s date of entry; 14 conforming provisions to changes made by the act; 15 amending s. 409.815, F.S.; authorizing Kidcare 16 coverage for temporomandibular joint disease; amending 17 s. 409.816, F.S.; conforming cross-references; 18 amending s. 409.818, F.S.; conforming provisions to 19 changes made by the act; amending s. 409.904, F.S.; 20 providing that Medicaid-eligible children are deemed 21 eligible for 12 months of coverage regardless of any 22 change in circumstances; requiring that such children 23 be offered the opportunity to be made presumptively 24 eligible; providing that a pregnant woman is eligible 25 for Medicaid for the duration of her pregnancy and for 26 the postpartum period; amending s. 624.91, F.S., 27 relating to the Florida Healthy Kids Corporation; 28 conforming provisions to changes made by the act; 29 expanding the membership of the board of directors of 30 the Florida Healthy Kids Corporation; directing the 31 Agency for Health Care Administration to implement the 32 federal Family Opportunity Act; providing an effective 33 date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Subsection (6) of section 409.8132, Florida 38 Statutes, is amended to read: 39 409.8132 Medikids program component.— 40 (6) ELIGIBILITY.— 41 (a) A child whohas attained the age of 1 year but whois 42 under the age of 5 years is eligible to enroll in the Medikids 43 program component of the Florida Kidcare program,if the child 44 is a member of a family that has a family income thatwhich45 exceeds the Medicaid applicable income level as specified in s. 46 409.903, but which is equal to or below 200 percent of the 47 current federal poverty level. In determiningtheeligibilityof48such a child, an assets test is not required. A child who is 49 eligible for Medikids may elect to enroll in Florida Healthy 50 Kids coverage or employer-sponsored group coverage. However, a 51 child who is eligible for Medikids may participate in the 52 Florida Healthy Kids program only if the child has a sibling 53 participating in the Florida Healthy Kids program and the 54 child’s county of residence permits such enrollment. 55 (b) The provisions of s. 409.814(3)-(8) are409.814(3),56(4), (5), and (6) shall beapplicable to the Medikids program. 57 Section 2. Section 409.814, Florida Statutes, is amended to 58 read: 59 409.814 Eligibility.—A child who has not reached 19 years 60 of age whose family income is equal to or below 200 percent of 61 the federal poverty level is eligible for the Florida Kidcare 62 program as provided in this section. A child who is eligible 63 under this section must be offered the opportunity to be made 64 presumptively eligible.For enrollment in the Children’s Medical65Services Network, a complete application includes the medical or66behavioral health screening.If, subsequently,an enrolled 67 individual is determined to be ineligible for coverage, he or 68 she must be immediatelybedisenrolled from the respective 69 Florida Kidcare program component. 70 (1) A child who is eligible for Medicaid coverage under s. 71 409.903 or s. 409.904 must be enrolled in Medicaid and is not 72 eligible to receive health benefits under any other health 73 benefits coverage authorized under the Florida Kidcare program. 74 (2) A child who is not eligible for Medicaid, but who is 75 eligible for the Florida Kidcare program, may obtain health 76 benefits coverage under any of the other components listed in s. 77 409.813 if such coverage is approved and available in the county 78 in which the child resides. 79 (3) A Title XXI-funded child who is eligible for the 80 Florida Kidcare program and who is a child with special health 81 care needs, as determined through a medical or behavioral 82 screening instrument, is eligible for health benefits coverage 83 from and shall be assigned to and may opt out of the Children’s 84 Medical Services Network. 85 (4) A child who is eligible for a state-sponsored health 86 benefit plan through a family member or guardian employed by the 87 state and who meets the eligibility requirements for the 88 subsidized Florida Kidcare program may enroll in the subsidized 89 Florida Kidcare program, subject to an appropriation or the 90 availability of local contributions collected pursuant to s. 91 624.91. 92 (5) A child who is an immigrant lawfully residing in the 93 United States and who meets the eligibility requirements for the 94 Florida Kidcare program may enroll in the program regardless of 95 the child’s date of entry. 96 (6)(4)The following children are not eligible to receive 97 Title XXI-funded premium assistance for health benefits coverage 98 under the Florida Kidcare program, except under Medicaid if the 99 child would have been eligible for Medicaid under s. 409.903 or 100 s. 409.904 as of June 1, 1997: 101(a)A child who is eligible for coverage under a state102health benefit plan on the basis of a family member’s employment103with a public agency in the state.104 (a)(b)A child who is covered under a family member’s group 105 health benefit plan or under other private or employer health 106 insurance coverage, if the cost of the child’s participation is 107 not greater than 5 percent of the family’s income. If a child is 108 otherwise eligible for a subsidy under the Florida Kidcare 109 program and the cost of the child’s participation in the family 110 member’s health insurance benefit plan is greater than 5 percent 111 of the family’s income, the child may enroll in the appropriate 112 subsidized Kidcare program. 113 (b)(c)A child who is seeking premium assistance for the 114 Florida Kidcare program through employer-sponsored group 115 coverage, if the child has been covered by the same employer’s 116 group coverage during the 60 days before the family submitted 117prior to the family’s submittingan application for 118 determination of eligibility under the program. 119(d)A child who is an alien, but who does not meet the120definition of qualified alien, in the United States.121 (c)(e)A child who is an inmate of a public institution or 122 a patient in an institution for mental diseases. 123 (d)(f)A child who is otherwise eligible for premium 124 assistance for the Florida Kidcare program and has had his or 125 her coverage in an employer-sponsored or private health benefit 126 plan voluntarily canceled in the last 60 days, except those 127 children whose coverage was voluntarily canceled for good cause, 128 including, but not limited to, the following circumstances: 129 1. The cost of participation in an employer-sponsored 130 health benefit plan is greater than 5 percent of the family’s 131 income; 132 2. The parent lost a job that provided an employer 133 sponsored health benefit plan for children; 134 3. The parent who had health benefits coverage for the 135 child is deceased; 136 4. The child has a medical condition that, without medical 137 care, would cause serious disability, loss of function, or 138 death; 139 5. The employer of the parent canceled health benefits 140 coverage for children; 141 6. The child’s health benefits coverage ended because the 142 child reached the maximum lifetime coverage amount; 143 7. The child has exhausted coverage under a COBRA 144 continuation provision; 145 8. The health benefits coverage does not cover the child’s 146 health care needs; or 147 9. Domestic violence led to loss of coverage. 148 (7)(5)A child who is otherwise eligible for the Florida 149 Kidcare program and who has a preexisting condition that 150 prevents coverage under another insurance plan as described in 151 paragraph (6)(a)(4)(b)which would have disqualified the child 152 for the Florida Kidcare program if the child were able to enroll 153 in the plan isshall beeligible for Florida Kidcare coverage 154 when enrollment is possible. 155 (8)(6)A child whose family income is above 200 percent of 156 the federal poverty level or a child who is excluded under the 157 provisions of subsection (6)(4)may participate in the Florida 158 Kidcare program as provided in s. 409.8132 or, if the child is 159 ineligible for Medikids by reason of age, in the Florida Healthy 160 Kids program, subject to the followingprovisions: 161 (a) The family is not eligible for premium assistance 162 payments and must pay the full cost of the premium, including 163 any administrative costs. 164 (b) The board of directors of the Florida Healthy Kids 165 Corporation may offer a reduced benefit package to these 166 children in order to limit program costs for such families. 167 (9)(7)Once a child is enrolled in the Florida Kidcare 168 program, the child is eligible for coverageunder the program169 for 12 months without a redetermination or reverification of 170 eligibility,if the family continues to pay the applicable 171 premium. Eligibility for program components funded through Title 172 XXI of the Social Security Actshallterminate when a child 173 attains the age of 19.A child who has not attained the age of 5174and who has been determined eligible for the Medicaid program is175eligible for coverage for 12 months without a redetermination or176reverification of eligibility.177 (10)(8)When determining or reviewing a child’s eligibility 178 under the Florida Kidcare program, the applicant shall be 179 provided with reasonable notice of changes in eligibility which 180 may affect enrollment in one or more of the program components. 181 IfWhena transition from one program component to another is 182 authorized, there shall be cooperation between the program 183 components and the affected family which promotes continuity of 184 health care coverage. Any authorized transfers must be managed 185 within the program’s overall appropriated or authorized levels 186 of funding. Each component of the program shall establish a 187 reserve to ensure that transfers between components will be 188 accomplished within current year appropriations. These reserves 189 shall be reviewed by each convening of the Social Services 190 Estimating Conference to determine the adequacy of such reserves 191 to meet actual experience. 192 (11)(9)In determining the eligibility of a child, an 193 assets test is not required. Each applicant shall provide 194 documentation during the application process and the 195 redetermination process, including, but not limited to, the 196 following: 197 (a)Each applicant’sProof of family income, which must 198shallbe verified electronically to determine financial 199 eligibility for the Florida Kidcare program. Written 200 documentation, which may include wages and earnings statements 201 or pay stubs, W-2 forms, or a copy of the applicant’s most 202 recent federal income tax return, areshall berequired only if 203theelectronic verification is not available or does not 204 substantiate the applicant’s income. 205 (b)Each applicant shall provideA statement from all 206 applicable, employed family members that:2071.Their employers do not sponsor health benefit plans for208employees;2092.the potential enrollee is not covered by an employer 210 sponsored health benefit plan; or2113.The potential enrollee is covered by an employer212sponsored health benefit plan and the cost of the employer213sponsored health benefit plan is more than 5 percent of the214family’s income. 215 (12)(10)Subject to paragraph (6)(a)(4)(b), the Florida 216 Kidcare program shall withhold benefits from an enrollee if the 217 program obtains evidence that the enrollee is no longer 218 eligible, submitted incorrect or fraudulent information in order 219 to establish eligibility, or failed to provide verification of 220 eligibility. The applicant or enrollee shall be notified that 221 because of such evidence program benefits will be withheld 222 unless the applicant or enrollee contacts a designated 223 representative of the program by a specified date, which must be 224 within 10 working days after the date of notice, to discuss and 225 resolve the matter. The program shall make every effort to 226 resolve the matter within a timeframe that will not cause 227 benefits to be withheld from an eligible enrollee. 228 (13)(11)The following individuals may be subject to 229 prosecution in accordance with s. 414.39: 230 (a) An applicant obtaining or attempting to obtain benefits 231 for a potential enrollee under the Florida Kidcare program if 232whenthe applicant knows or should have known that the potential 233 enrollee does not qualify for theFlorida Kidcareprogram. 234 (b) An individual who assists an applicant in obtaining or 235 attempting to obtain benefits for a potential enrollee under the 236 Florida Kidcare program ifwhenthe individual knows or should 237 have known that the potential enrollee does not qualify for the 238Florida Kidcareprogram. 239 Section 3. Paragraph (f) of subsection (2) of section 240 409.815, Florida Statutes, is amended to read: 241 409.815 Health benefits coverage; limitations.— 242 (2) BENCHMARK BENEFITS.—In order for health benefits 243 coverage to qualify for premium assistance payments for an 244 eligible child under ss. 409.810-409.821, the health benefits 245 coverage, except for coverage under Medicaid and Medikids, must 246 include the following minimum benefits, as medically necessary. 247 (f) Outpatient services.—Covered services include 248 preventive, diagnostic, therapeutic, palliative care, and other 249 services authorized by the enrollee’s health benefits coverage 250 provider and provided to an enrollee in the outpatient portion 251 of a health facility licensed under chapter 395, except for the252following limitations:2531.Services must beauthorized by the enrollee’s health 254 benefits coverage provider; and2552.Treatment for temporomandibular joint disease (TMJ) is256specifically excluded. 257 Section 4. Subsection (3) of section 409.816, Florida 258 Statutes, is amended to read: 259 409.816 Limitations on premiums and cost-sharing.—The 260 following limitations on premiums and cost-sharing are 261 established for the program. 262 (3) Enrollees in families with a family income above 150 263 percent of the federal poverty level who are not receiving 264 coverage under the Medicaid program or who are not eligible 265 under s. 409.814(8)409.814(7)may be required to pay enrollment 266 fees, premiums, copayments, deductibles, coinsurance, or similar 267 charges on a sliding scale related to income, except that the 268 total annual aggregate cost-sharing with respect to all children 269 in a family may not exceed 5 percent of the family’s income. 270 However, copayments, deductibles, coinsurance, or similar 271 charges may not be imposed for preventive services, including 272 well-baby and well-child care, age-appropriate immunizations, 273 and routine hearing and vision screenings. 274 Section 5. Paragraph (b) of subsection (1) of section 275 409.818, Florida Statutes, is amended to read: 276 409.818 Administration.—In order to implement ss. 409.810 277 409.821, the following agencies shall have the following duties: 278 (1) The Department of Children and Family Services shall: 279 (b) Establish and maintain the eligibility determination 280 process under the program except as specified in subsection (5). 281 The department shall directly, or through the services of a 282 contracted third-party administrator, establish and maintain a 283 process for determining eligibility of children for coverage 284 under the program. The eligibility determination process must be 285 used solely for determining eligibility of applicants for health 286 benefits coverage under the program. The eligibility 287 determination process must include an initial determination of 288 eligibility for any coverage offered under the program, as well 289 as a redetermination or reverification of eligibilityeach290subsequent 6 months.Effective January1, 1999,achild who has291not attained the age of 5 and who has been determined eligible292for the Medicaid program is eligible for coverage for 12 months293without a redetermination or reverification of eligibility.In 294 conducting an eligibility determination, the department shall 295 determine if the child has special health care needs. The 296 department, in consultation with the Agency for Health Care 297 Administration and the Florida Healthy Kids Corporation, shall 298 develop procedures for redetermining eligibility which enable a 299 family to easily update any change in circumstances which could 300 affect eligibility. The department may accept changes in a 301 family’s status as reported to the department by the Florida 302 Healthy Kids Corporation without requiring a new application 303 from the family. Redetermination of a child’s eligibility for 304 Medicaid may not be linked to a child’s eligibility 305 determination for other programs. 306 Section 6. Subsections (6) and (7) of section 409.904, 307 Florida Statutes, are amended to read: 308 409.904 Optional payments for eligible persons.—The agency 309 may make payments for medical assistance and related services on 310 behalf of the following persons who are determined to be 311 eligible subject to the income, assets, and categorical 312 eligibility tests set forth in federal and state law. Payment on 313 behalf of these Medicaid eligible persons is subject to the 314 availability of moneys and any limitations established by the 315 General Appropriations Act or chapter 216. 316 (6) A child who has not attained the age of 19who has been317determined eligible for the Medicaid program is deemed to be318eligible for a total of 6 months, regardless of changes in319circumstances other than attainment of the maximum age.320Effective January 1, 1999, a child who has not attained the age321of 5and who has been determined eligible for the Medicaid 322 program is deemed to be eligible for a total of 12 months 323 regardless of changes in circumstances other than attainment of 324 the maximum age. Subject to federal regulations, a child who is 325 eligible under this subsection must be offered the opportunity 326 to be made presumptively eligible. 327 (7) A pregnant woman for the duration of her pregnancy and 328 for the postpartum period as defined in federal law and rule, or 329 a child under 1 year of age who lives in a family that has an 330 income above 185 percent of the most recently published federal 331 poverty level, but which is at or below 200 percent of such 332 poverty level. In determiningtheeligibilityof such child, an 333 assets test is not required. An individualA childwho is 334 eligible for Medicaid under this subsection must be offered the 335 opportunity, subject to federal rules, to be made presumptively 336 eligible. 337 Section 7. Subsection (3), paragraph (b) of subsection (5), 338 and paragraph (a) of subsection (6) of section 624.91, Florida 339 Statutes, are amended to read: 340 624.91 The Florida Healthy Kids Corporation Act.— 341 (3) ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.—Only the 342 following individuals are eligible for state-funded assistance 343 in paying Florida Healthy Kids premiums: 344 (a) Residents of this state who are eligible for the 345 Florida Kidcare program pursuant to s. 409.814. 346 (b)Notwithstanding s.409.814,Legal aliens who are 347 enrolled in the Florida Healthy Kids program as of January 31, 348 2004, who do not qualify for Title XXI federal funds because 349 they are not qualified aliens as defined in s. 409.811. 350 (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.— 351 (b) The Florida Healthy Kids Corporation shall: 352 1. Arrange for the collection of any family, local 353 contributions, or employer payment or premium, in an amount to 354 be determined by the board of directors, to provide for payment 355 of premiums for comprehensive insurance coverage and for the 356 actual or estimated administrative expenses. 357 2. Arrange for the collection of any voluntary 358 contributions to provide for payment of Florida Kidcare program 359 premiums for children who are not eligible for medical 360 assistance under Title XIX or Title XXI of the Social Security 361 Act. 362 3. Subject tothe provisions ofs. 409.8134, accept 363 voluntary supplemental local match contributions that comply 364 withthe requirements ofTitle XXI of the Social Security Act 365 for the purpose of providing additional Florida Kidcare coverage 366 in contributing counties under Title XXI. 367 4. Establish the administrative and accounting procedures 368 for the operation of the corporation. 369 5. Establish, with consultation from appropriate 370 professional organizations, standards for preventive health 371 services and providers and comprehensive insurance benefits 372 appropriate to children if, provided thatsuch standards for 373 rural areas doshallnot limit primary care providers to board 374 certified pediatricians. 375 6. Determine eligibility for children seeking to 376 participate in the Title XXI-funded components of the Florida 377 Kidcare program consistent with the requirements specified in s. 378 409.814, as well as the non-Title-XXI-eligible children as379provided in subsection (3). 380 7. Establish procedures under which providers of local 381 match to, applicants to, and participants in the program may 382 have grievances reviewed by an impartial body and reported to 383 the board of directors of the corporation. 384 8. Establish participation criteria and, if appropriate, 385 contract with an authorized insurer, health maintenance 386 organization, or third-party administrator to provide 387 administrative services to the corporation. 388 9. Establish enrollment criteria that include penalties or 389 30-day waiting periodsof 30 daysfor reinstatement of coverage 390 upon voluntary cancellation for nonpayment of family premiums. 391 10. Contract with authorized insurers or providersany392providerof health care services, who meetmeetingstandards 393 established by the corporation, for the provision of 394 comprehensive insurance coverage to participants. Such standards 395 mustshallinclude criteria under which the corporation may 396 contract with more than one provider of health care services in 397 program sites. Health plans shall be selected through a 398 competitive bid process. The Florida Healthy Kids Corporation 399 shall purchase goods and services in the most cost-effective 400 manner consistent with the delivery of quality medical care. The 401 maximum administrative cost for a Florida Healthy Kids 402 Corporation contract isshall be15 percent. For health care 403 contracts, the minimum medical loss ratio for a Florida Healthy 404 Kids Corporation contract isshall be85 percent. For dental 405 contracts, the remaining compensation to be paid to the 406 authorized insurer or provider must be at leastunder a Florida407Healthy Kids Corporation contract shall be no less than an408amount which is85 percent of the premium; to the extent any 409 contract provision does not provide for this minimum 410 compensation, this section prevailsshall prevail. The health 411 plan selection criteria and scoring system, and the scoring 412 results, mustshallbe available upon request for inspection 413 after the bids have been awarded. 414 11. Establish disenrollment criteria ifin the eventlocal 415 matching funds are insufficient to cover enrollments. 416 12. Develop and implement a plan to publicize the Florida 417 Kidcare program, the eligibility requirements of the program, 418 and the procedures for enrollment in the program and to maintain 419 public awareness of the corporation and the program. 420 13. Secure staff necessary to properly administer the 421 corporation. Staff costs shall be funded from state and local 422 matching funds and such other private or public funds as become 423 available. The board of directors shall determine the number of 424 staff members necessary to administer the corporation. 425 14. In consultation with the partner agencies, provide a 426 report on the Florida Kidcare program annually to the Governor, 427 the Chief Financial Officer, the Commissioner of Education, the 428 President of the Senate, the Speaker of the House of 429 Representatives, and the Minority Leaders of the Senate and the 430 House of Representatives. 431 15. Provide information on a quarterly basis to the 432 Legislature and the Governor which compares the costs and 433 utilization of the full-pay enrolled population and the Title 434 XXI-subsidized enrolled population in the Florida Kidcare 435 program.The information,At a minimum, the information must 436 include: 437 a. The monthly enrollment and expenditure for full-pay 438 enrollees in the Medikids and Florida Healthy Kids programs 439 compared to the Title XXI-subsidized enrolled population; and 440 b. The costs and utilization by service of the full-pay 441 enrollees in the Medikids and Florida Healthy Kids programs and 442 the Title XXI-subsidized enrolled population. 443 444 By February 1, 2010, the Florida Healthy Kids Corporation shall 445 provide a study to the Legislature and the Governor on premium 446 impacts to the subsidized portion of the program from the 447 inclusion of the full-pay program, which mustshallinclude 448 recommendations on how to eliminate or mitigate possible impacts 449 to the subsidized premiums. 450 16. Establish benefit packages that conform tothe451provisions ofthe Florida Kidcare program, as created in ss. 452 409.810-409.821. 453 (6) BOARD OF DIRECTORS.— 454 (a) The Florida Healthy Kids Corporation isshall operate455 subject to the supervision and approval of a board of directors 456 chaired by the Chief Financial Officer or her or his designee, 457 and composed of 1211other members selected for 3-year terms of 458 office as follows: 459 1. The Secretary of Health Care Administration, or his or 460 her designee. 461 2. One member appointed by the Commissioner of Education 462 from the Office of School Health Programs of the Florida 463 Department of Education. 464 3. One member appointed by the Chief Financial Officer from 465 among three members nominated by the Florida Pediatric Society. 466 4. One member, appointed by the Governor, who represents 467 the Children’s Medical Services Program. 468 5. One member appointed by the Chief Financial Officer from 469 among three members nominated by the Florida Hospital 470 Association. 471 6. One member, appointed by the Governor, who is an expert 472 on child health policy. 473 7. One member, appointed by the Chief Financial Officer, 474 from among three members nominated by the Florida Academy of 475 Family Physicians. 476 8. One member, appointed by the Governor, who represents 477 the state Medicaid program. 478 9. One member, appointed by the Chief Financial Officer, 479 from among three members nominated by the Florida Association of 480 Counties. 481 10. The State Health Officer, or her or his designee. 482 11. The Secretary of Children and Family Services, or his 483 or her designee. 484 12. One member, appointed by the Governor, from among three 485 members nominated by the Florida Dental Association. 486 Section 8. Subject to appropriation, the Agency for Health 487 Care Administration shall implement the federal Family 488 Opportunity Act, ss. 6062-6071 of the Deficit Reduction Act of 489 2005, to allow families whose income is up to 300 percent of the 490 federal poverty level to buy Medicaid coverage for their 491 disabled children. 492 Section 9. This act shall take effect October 1, 2010. 493