Florida Senate - 2012                             CS for SB 1294
       
       
       
       By the Committee on Health Regulation; and Senator Garcia
       
       
       
       
       588-03537-12                                          20121294c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kidcare program;
    3         amending s. 409.814, F.S.; making certain immigrant or
    4         noncitizen children who are lawfully residing in the
    5         United States eligible for the Florida Kidcare
    6         program; amending s. 409.903, F.S.; making certain
    7         immigrant or noncitizen children who are lawfully
    8         residing in the United States eligible for Medicaid;
    9         amending s. 624.91, F.S.; revising the membership of
   10         the board of directors of the Florida Healthy Kids
   11         Corporation to include a member nominated by the
   12         Florida Dental Association and appointed by the
   13         Governor; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) of section 409.814, Florida
   18  Statutes, is amended to read:
   19         409.814 Eligibility.—A child who has not reached 19 years
   20  of age whose family income is equal to or below 200 percent of
   21  the federal poverty level is eligible for the Florida Kidcare
   22  program as provided in this section. For enrollment in the
   23  Children’s Medical Services Network, a complete application
   24  includes the medical or behavioral health screening. If,
   25  subsequently, an individual is determined to be ineligible for
   26  coverage, he or she must immediately be disenrolled from the
   27  respective Florida Kidcare program component.
   28         (4) The following children are not eligible to receive
   29  Title XXI-funded premium assistance for health benefits coverage
   30  under the Florida Kidcare program, except under Medicaid if the
   31  child would have been eligible for Medicaid under s. 409.903 or
   32  s. 409.904 as of June 1, 1997:
   33         (a) A child who is eligible for coverage under a state
   34  health benefit plan on the basis of a family member’s employment
   35  with a public agency in the state.
   36         (b) A child who is covered under a family member’s group
   37  health benefit plan or under other private or employer health
   38  insurance coverage, if the cost of the child’s participation is
   39  not greater than 5 percent of the family’s income. If a child is
   40  otherwise eligible for a subsidy under the Florida Kidcare
   41  program and the cost of the child’s participation in the family
   42  member’s health insurance benefit plan is greater than 5 percent
   43  of the family’s income, the child may enroll in the appropriate
   44  subsidized Kidcare program.
   45         (c) A child who is seeking premium assistance for the
   46  Florida Kidcare program through employer-sponsored group
   47  coverage, if the child has been covered by the same employer’s
   48  group coverage during the 60 days before the family submitted
   49  prior to the family’s submitting an application for
   50  determination of eligibility under the program.
   51         (d) A child who is an alien and is not lawfully present,
   52  but who does not meet the definition of qualified alien, in the
   53  United States. For purposes of eligibility for the Florida
   54  Kidcare program, the term “lawfully present” means that the
   55  child is an immigrant or noncitizen who has been inspected and
   56  admitted into the United States and has not overstayed the
   57  period for which the child was admitted, or has current
   58  permission from the United States Citizenship and Immigration
   59  Services to stay or live in the United States.
   60         (e) A child who is an inmate of a public institution or a
   61  patient in an institution for mental diseases.
   62         (f) A child who is otherwise eligible for premium
   63  assistance for the Florida Kidcare program and has had his or
   64  her coverage in an employer-sponsored or private health benefit
   65  plan voluntarily canceled in the last 60 days, except those
   66  children whose coverage was voluntarily canceled for good cause,
   67  including, but not limited to, the following circumstances:
   68         1. The cost of participation in an employer-sponsored
   69  health benefit plan is greater than 5 percent of the family’s
   70  income;
   71         2. The parent lost a job that provided an employer
   72  sponsored health benefit plan for children;
   73         3. The parent who had health benefits coverage for the
   74  child is deceased;
   75         4. The child has a medical condition that, without medical
   76  care, would cause serious disability, loss of function, or
   77  death;
   78         5. The employer of the parent canceled health benefits
   79  coverage for children;
   80         6. The child’s health benefits coverage ended because the
   81  child reached the maximum lifetime coverage amount;
   82         7. The child has exhausted coverage under a COBRA
   83  continuation provision;
   84         8. The health benefits coverage does not cover the child’s
   85  health care needs; or
   86         9. Domestic violence led to loss of coverage.
   87         Section 2. Subsection (1) of section 409.903, Florida
   88  Statutes, is amended to read:
   89         409.903 Mandatory payments for eligible persons.—The agency
   90  shall make payments for medical assistance and related services
   91  on behalf of the following persons who the department, or the
   92  Social Security Administration by contract with the Department
   93  of Children and Family Services, determines to be eligible,
   94  subject to the income, assets, and categorical eligibility tests
   95  set forth in federal and state law. Payment on behalf of these
   96  Medicaid eligible persons is subject to the availability of
   97  moneys and any limitations established by the General
   98  Appropriations Act or chapter 216.
   99         (1) Low-income families with children are eligible for
  100  Medicaid provided they meet the following requirements:
  101         (a) The family includes a dependent child who is living
  102  with a caretaker relative.
  103         (b) The family’s income does not exceed the gross income
  104  test limit.
  105         (c) The family’s countable income and resources do not
  106  exceed the applicable Aid to Families with Dependent Children
  107  (AFDC) income and resource standards under the AFDC state plan
  108  in effect in July 1996, except as amended in the Medicaid state
  109  plan to conform as closely as possible to the requirements of
  110  the welfare transition program, to the extent permitted by
  111  federal law.
  112         (d)A child, 18 years of age or younger, who is an
  113  immigrant or noncitizen who has been inspected and admitted into
  114  the United States and has not overstayed the period for which
  115  the child was admitted, or who has current permission from the
  116  United States Citizenship and Immigration Services to stay or
  117  live in the United States, and who meets the Medicaid
  118  eligibility requirements may enroll in Medicaid, regardless of
  119  the child’s date of entry.
  120         Section 3. Paragraph (a) of subsection (6) of section
  121  624.91, Florida Statutes, is amended to read:
  122         624.91 The Florida Healthy Kids Corporation Act.—
  123         (6) BOARD OF DIRECTORS.—
  124         (a) The Florida Healthy Kids Corporation shall operate
  125  subject to the supervision and approval of a board of directors
  126  chaired by the Chief Financial Officer or her or his designee,
  127  and composed of 12 11 other members selected for 3-year terms of
  128  office as follows:
  129         1. The Secretary of Health Care Administration, or his or
  130  her designee.
  131         2. One member appointed by the Commissioner of Education
  132  from the Office of School Health Programs of the Florida
  133  Department of Education.
  134         3. One member appointed by the Chief Financial Officer from
  135  among three members nominated by the Florida Pediatric Society.
  136         4. One member, appointed by the Governor, who represents
  137  the Children’s Medical Services Program.
  138         5. One member appointed by the Chief Financial Officer from
  139  among three members nominated by the Florida Hospital
  140  Association.
  141         6. One member, appointed by the Governor, who is an expert
  142  on child health policy.
  143         7. One member, appointed by the Chief Financial Officer,
  144  from among three members nominated by the Florida Academy of
  145  Family Physicians.
  146         8. One member, appointed by the Governor, who represents
  147  the state Medicaid program.
  148         9. One member, appointed by the Chief Financial Officer,
  149  from among three members nominated by the Florida Association of
  150  Counties.
  151         10. The State Health Officer or her or his designee.
  152         11. The Secretary of Children and Family Services, or his
  153  or her designee.
  154         12. One member, appointed by the Governor, from among three
  155  members nominated by the Florida Dental Association.
  156         Section 4. This act shall take effect July 1, 2012.