Florida Senate - 2012 SB 1088
By Senator Sobel
31-00143-12 20121088__
1 A bill to be entitled
2 An act relating to the Florida Kidcare program;
3 amending s. 570.981, F.S.; requiring that each school
4 district collaborate with the Florida Kidcare program
5 by providing application information about the Kidcare
6 program or an application for the program at the
7 beginning of each school year; requiring that each
8 school district modify the application form for lunch
9 and breakfast programs to allow the district to share
10 the data on the application form with state agencies
11 and the Florida Healthy Kids Corporation and its
12 agents; authorizing each school district the option to
13 share the data electronically; requiring interagency
14 agreements to ensure that the data exchanged is
15 protected from unauthorized disclosure and is used
16 only for enrollment in the Florida Kidcare program;
17 amending s. 624.91, F.S.; requiring that the Florida
18 Healthy Kids Corporation include, in the corporation’s
19 plan to publicize the Florida Kidcare program, the use
20 of the application form for school breakfast and lunch
21 programs; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (7) is added to section 570.981,
26 Florida Statutes, as transferred, renumbered, and amended by
27 section 5 of chapter 2011-217, Laws of Florida, to read:
28 570.981 School food service programs.—
29 (7) Each school district shall collaborate with the Florida
30 Kidcare program created pursuant to ss. 409.810-409.821 to:
31 (a) At a minimum:
32 1. Provide application information about the Florida
33 Kidcare program or an application for Kidcare to students at the
34 beginning of each school year.
35 2. Modify the school district’s application form for the
36 lunch program under subsection (4) and the breakfast program
37 under subsection (5) to incorporate a provision that allows the
38 school district to share data from the application form with the
39 state agencies and the Florida Healthy Kids Corporation and its
40 agents that administer the Florida Kidcare program unless the
41 child’s parent or guardian opts out of the provision.
42 (b) At the option of the school district, share income and
43 other demographic data through an electronic interchange with
44 the state agencies and the Florida Healthy Kids Corporation and
45 its agents in order to determine eligibility for the Florida
46 Kidcare program on a regular and periodic basis.
47 (c) Establish interagency agreements ensuring that data
48 exchanged under this subsection is used only to enroll eligible
49 children in the Florida Kidcare program and is protected from
50 unauthorized disclosure pursuant to 42 U.S.C. s. 1758(b)(6).
51 Section 2. Paragraph (b) of subsection (5) of section
52 624.91, Florida Statutes, is amended to read:
53 624.91 The Florida Healthy Kids Corporation Act.—
54 (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
55 (b) The Florida Healthy Kids Corporation shall:
56 1. Arrange for the collection of any family or, local
57 contribution contributions, or employer payment or premium, in
58 an amount to be determined by the board of directors, to provide
59 for payment of premiums for comprehensive insurance coverage and
60 for the actual or estimated administrative expenses.
61 2. Arrange for the collection of any voluntary contribution
62 contributions to provide for payment of Florida Kidcare program
63 premiums for children who are not eligible for medical
64 assistance under Title XIX or Title XXI of the Social Security
65 Act.
66 3. Subject to the provisions of s. 409.8134, accept
67 voluntary supplemental local matching match contributions that
68 comply with the requirements of Title XXI of the Social Security
69 Act for the purpose of providing additional Florida Kidcare
70 coverage in contributing counties under Title XXI.
71 4. Establish the administrative and accounting procedures
72 for the operation of the corporation.
73 5. Establish, with consultation from appropriate
74 professional organizations, standards for preventive health
75 services and providers and comprehensive insurance benefits
76 appropriate to children if, provided that such standards for
77 rural areas do shall not limit primary care providers to board
78 certified pediatricians.
79 6. Determine eligibility for children seeking to
80 participate in the Title XXI-funded components of the Florida
81 Kidcare program consistent with the requirements specified in s.
82 409.814, as well as the non-Title-XXI-eligible children as
83 provided in subsection (3).
84 7. Establish procedures under which providers of local
85 matching contributions match to, applicants to, and participants
86 in the program may have grievances reviewed by an impartial body
87 and reported to the board of directors of the corporation.
88 8. Establish participation criteria and, if appropriate,
89 contract with an authorized insurer, health maintenance
90 organization, or third-party administrator to provide
91 administrative services to the corporation.
92 9. Establish enrollment criteria that include penalties or
93 30-day waiting periods of 30 days for reinstatement of coverage
94 upon voluntary cancellation for nonpayment of family premiums.
95 10. Contract with authorized insurers or providers any
96 provider of health care services who meet, meeting standards
97 established by the corporation, for the provision of
98 comprehensive insurance coverage to participants. Such standards
99 must shall include criteria under which the corporation may
100 contract with more than one provider of health care services in
101 program sites. Health plans shall be selected through a
102 competitive bid process. The Florida Healthy Kids Corporation
103 shall purchase goods and services in the most cost-effective
104 manner consistent with the delivery of quality medical care. The
105 maximum administrative cost for a Florida Healthy Kids
106 Corporation contract is shall be 15 percent. For health care
107 contracts, the minimum medical loss ratio for a Florida Healthy
108 Kids Corporation contract is shall be 85 percent. For dental
109 contracts, the remaining compensation to be paid to the
110 authorized insurer or provider must be at least under a Florida
111 Healthy Kids Corporation contract shall be no less than an
112 amount which is 85 percent of the premium, and,; to the extent
113 any contract provision does not provide for this minimum
114 compensation, this section prevails shall prevail. The health
115 plan selection criteria and scoring system, and the scoring
116 results, shall be available upon request for inspection after
117 the bids have been awarded.
118 11. Establish disenrollment criteria if in the event local
119 matching funds are insufficient to cover enrollments.
120 12. Develop and implement a plan to publicize the Florida
121 Kidcare program, the eligibility requirements of the program,
122 and the procedures for enrollment in the program and to maintain
123 public awareness of the corporation and the program. The plan
124 must include using the application form for the school lunch and
125 breakfast programs as provided under s. 570.981(7).
126 13. Secure staff necessary to properly administer the
127 corporation. Staff costs shall be funded from state and local
128 matching funds and such other private or public funds as become
129 available. The board of directors shall determine the number of
130 staff members necessary to administer the corporation.
131 14. In consultation with the partner agencies, provide an
132 annual a report on the Florida Kidcare program annually to the
133 Governor, the Chief Financial Officer, the Commissioner of
134 Education, the President of the Senate, the Speaker of the House
135 of Representatives, and the Minority Leaders of the Senate and
136 the House of Representatives.
137 15. Provide information on a quarterly basis to the
138 Legislature and the Governor which compares the costs and
139 utilization of the full-pay enrolled population and the Title
140 XXI-subsidized enrolled population in the Florida Kidcare
141 program. The information, At a minimum, the information must
142 include:
143 a. The monthly enrollment and expenditure for the full-pay
144 enrollees in the Medikids and Florida Healthy Kids programs
145 compared to the Title XXI-subsidized enrolled population; and
146 b. The costs and utilization by service of the full-pay
147 enrollees in the Medikids and Florida Healthy Kids programs and
148 the Title XXI-subsidized enrolled population.
149
150 By February 1, 2010, the Florida Healthy Kids Corporation shall
151 provide a study to the Legislature and the Governor on premium
152 impacts to the subsidized portion of the program from the
153 inclusion of the full-pay program, which shall include
154 recommendations on how to eliminate or mitigate possible impacts
155 to the subsidized premiums.
156 16. Establish benefit packages that conform to the
157 provisions of the Florida Kidcare program, as created in ss.
158 409.810-409.821.
159 Section 3. This act shall take effect July 1, 2012.