CODING: Words stricken are deletions; words underlined are additions.


H

Senator Brown-Waite moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    

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11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 409.904, Florida Statutes, is

18  amended to read:

19         409.904  Optional payments for eligible persons.--The

20  agency may make payments for medical assistance and related

21  services on behalf of the following persons who are determined

22  to be eligible subject to the income, assets, and categorical

23  eligibility tests set forth in federal and state law.  Payment

24  on behalf of these Medicaid eligible persons is subject to the

25  availability of moneys and any limitations established by the

26  General Appropriations Act or chapter 216.

27         (1)  A person who is age 65 or older or is determined

28  to be disabled, whose income is at or below 100 percent of

29  federal poverty level, and whose assets do not exceed

30  established limitations.

31         (2)  A family, a pregnant woman, a child under age 18,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  a person age 65 or over, or a blind or disabled person who

 2  would be eligible under any group listed in s. 409.903(1),

 3  (2), or (3), except that the income or assets of such family

 4  or person exceed established limitations. For a family or

 5  person in this group, medical expenses are deductible from

 6  income in accordance with federal requirements in order to

 7  make a determination of eligibility.  A family or person in

 8  this group, which group is known as the "medically needy," is

 9  eligible to receive the same services as other Medicaid

10  recipients, with the exception of services in skilled nursing

11  facilities and intermediate care facilities for the

12  developmentally disabled.

13         (3)  A person who is in need of the services of a

14  licensed nursing facility, a licensed intermediate care

15  facility for the developmentally disabled, or a state mental

16  hospital, whose income does not exceed 300 percent of the SSI

17  income standard, and who meets the assets standards

18  established under federal and state law.

19         (4)  A low-income person who meets all other

20  requirements for Medicaid eligibility except citizenship and

21  who is in need of emergency medical services.  The eligibility

22  of such a recipient is limited to the period of the emergency,

23  in accordance with federal regulations.

24         (5)  Subject to specific federal authorization, a

25  postpartum woman living in a family that has an income that is

26  at or below 185 percent of the most current federal poverty

27  level is eligible for family planning services as specified in

28  s. 409.905(3) for a period of up to 24 months following a

29  pregnancy for which Medicaid paid for pregnancy-related

30  services.

31         (6)  A child under 1 year of age who lives in a family

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  whose income is above 185 percent of the most current federal

 2  poverty level but equal to or below 200 percent of the most

 3  current federal poverty level. In determining the eligibility

 4  of such a child, an assets test is not required.

 5         (7)  A child under 19 years of age who is not eligible

 6  for coverage under subsection (6) or under s. 409.903(5), (6),

 7  or (7) and who lives in a family whose income is at or below

 8  100 percent of the most current federal poverty level. In

 9  determining the eligibility of such a child, an assets test is

10  not required.

11         Section 2.  Section 409.9045, Florida Statutes, is

12  created to read:

13         409.9045  Continuous eligibility for children.--Once a

14  child is determined eligible for Medicaid coverage under s.

15  409.903 or s. 409.904, the child is eligible for coverage

16  under the Medicaid program for 6 months without a

17  redetermination or reverification of eligibility.

18         Section 3.  Section 409.9126, Florida Statutes, is

19  amended to read:

20         409.9126  Children with special health care needs.--

21         (1)  As used in this section, the term:

22         (a)  "Behavioral health services" means specialized

23  behavioral and substance abuse services for children with

24  serious emotional disturbances or substance abuse problems.

25         (b)(a)  "Children's Medical Services network" means an

26  alternative service network that includes health care

27  providers and health care facilities specified in chapter 391

28  and ss. 383.15-383.21, 383.216, and 415.5055.

29         (c)(b)  "Children with special health care needs" means

30  those children whose serious or chronic physical, behavioral,

31  or developmental conditions require extensive preventive and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  maintenance care beyond that required by typically healthy

 2  children.  Health care utilization by these children exceeds

 3  the statistically expected usage of the normal child matched

 4  for chronological age and often needs complex care requiring

 5  multiple providers, rehabilitation services, and specialized

 6  equipment in a number of different settings.

 7         (2)  The Legislature finds that Medicaid-eligible

 8  children with special health care needs require a

 9  comprehensive, continuous, and coordinated system of health

10  care that links community-based health care with

11  multidisciplinary, regional, and tertiary care.  The

12  Legislature finds that Florida's Children's Medical Services

13  program provides a full continuum of coordinated,

14  comprehensive services for children with special health care

15  needs.

16         (3)  Except as provided in subsections (8) and (9),

17  children eligible for Children's Medical Services who receive

18  Medicaid benefits, and other Medicaid-eligible children with

19  special health care needs, shall be exempt from the provisions

20  of s. 409.9122 and shall be served through the Children's

21  Medical Services network. The Children's Medical Services

22  network shall also be available to children with special

23  health care needs who are eligible for health benefits

24  coverage other than Medicaid through the Florida Kids Health

25  program.

26         (4)  The Legislature directs the agency to apply to the

27  federal Health Care Financing Administration for a waiver to

28  assign to the Children's Medical Services network all

29  Medicaid-eligible children who meet the criteria for

30  participation in the Children's Medical Services program as

31  specified in s. 391.021(2), and other Medicaid-eligible

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  children with special health care needs.

 2         (5)  The Children's Medical Services program shall

 3  assign a qualified MediPass primary care provider from the

 4  Children's Medical Services network who shall serve as the

 5  gatekeeper and who shall be responsible for the provision or

 6  authorization of all health services to a child who has been

 7  assigned to the Children's Medical Services network by the

 8  Medicaid program.

 9         (6)  Services provided to Medicaid-eligible children

10  through the Children's Medical Services network shall be

11  reimbursed on a fee-for-service basis and shall utilize a

12  primary care case management process. Reimbursement to the

13  Children's Medical Services Network for services provided to

14  children with special health care needs who are enrolled in

15  the Florida Kids Health program and who are not Medicaid

16  recipients shall be on a capitated basis. The agency, in

17  consultation with the Department of Health, shall establish an

18  enhanced premium for services provided by the Children's

19  Medical Services network to children with special health care

20  needs who are enrolled in the Florida Kids Health program and

21  who are not Medicaid recipients.

22         (7)  The agency, in consultation with the Children's

23  Medical Services program, shall develop by rule

24  quality-of-care and service integration standards.

25         (8)  The agency may issue a request for proposals,

26  based on the quality-of-care and service integration

27  standards, to allow managed care plans that have contracts

28  with the Medicaid program to provide services to

29  Medicaid-eligible children with special health care needs.

30         (9)  The agency shall approve requests to provide

31  services to Medicaid-eligible children with special health

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  care needs from managed care plans that meet quality-of-care

 2  and service integration standards and are in good standing

 3  with the agency.  The agency shall monitor on a quarterly

 4  basis managed care plans which have been approved to provide

 5  services to Medicaid-eligible children with special health

 6  care needs.

 7         (10)  The agency, in consultation with the Department

 8  of Health and Rehabilitative Services, shall adopt rules that

 9  address Medicaid requirements for referral, enrollment, and

10  disenrollment of children with special health care needs who

11  are enrolled in Medicaid managed care plans and who may

12  benefit from the Children's Medical Services network.

13         (11)  The Children's Medical Services network may

14  contract with school districts participating in the certified

15  school match program pursuant to ss. 236.0812 and 409.908(21)

16  for the provision of school-based services, as provided for in

17  s. 409.9071, for Medicaid-eligible children who are enrolled

18  in the Children's Medical Services network.

19         (12)  The Children's Medical Services network, when

20  providing services to children who receive Medicaid benefits,

21  other Medicaid-eligible children with special health care

22  needs, and children participating in the Florida Kids Health

23  Program who have special health care needs, shall not be

24  subject to the licensing requirements of the Florida Insurance

25  Code or rules of the Department of Insurance.

26         (13)(12)  After 1 complete year of operation, the

27  agency shall conduct an evaluation of the Children's Medical

28  Services network.  The evaluation shall include, but not be

29  limited to, an assessment of whether the use of the Children's

30  Medical Services network is less costly than the provision of

31  the services would have been in the Medicaid fee-for-service

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  program.  The evaluation also shall include an assessment of

 2  patient satisfaction with the Children's Medical Services

 3  network, an assessment of the quality of care delivered

 4  through the network, and recommendations for further improving

 5  the performance of the network.  The agency shall report the

 6  evaluation findings to the Governor and the chairpersons of

 7  the appropriations and health care committees of each chamber

 8  of the Legislature.

 9         (14)  In order to ensure a high level of integration of

10  physical and behavioral health care and to meet the more

11  intensive treatment needs of enrollees with the most serious

12  emotional disturbance or substance abuse problems, the

13  Department of Health shall contract with the Department of

14  Children and Family Services to provide behavioral health

15  services to children with special health care needs. The

16  Department of Children and Family Services in consultation

17  with the Department of Health, is authorized to establish the

18  following:

19         (a)  The scope of behavioral health services, including

20  duration and frequency;

21         (b)  Clinical guidelines for referral to behavioral

22  health services;

23         (c)  Behavioral health services standards;

24         (d)  Performance-based measures and outcomes for

25  behavioral health services;

26         (e)  Practice guidelines for behavioral health services

27  to ensure cost-effective treatment and to prevent unnecessary

28  expenditures; and

29         (f)  Rules to implement this subsection.

30         Section 4.  Section 409.810, Florida Statutes, is

31  created to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         409.810  Short title.--Sections 409.810-409.820 may be

 2  cited as the "Florida Kids Health Act."

 3         Section 5.  Section 409.811, Florida Statutes, is

 4  created to read:

 5         409.811  Definitions.--As used in ss. 409.810-409.820,

 6  the term:

 7         (1)  "Actuarially equivalent" means that:

 8         (a)  The aggregate value of the benefits included in

 9  health benefits coverage is equal to the value of the benefits

10  in the benchmark benefit plan; and

11         (b)  The benefits included in health benefits coverage

12  are substantially similar to the benefits included in the

13  benchmark benefit plan, except that preventive health services

14  must be the same as in the benchmark benefit plan.

15         (2)  "Agency" means the Agency for Health Care

16  Administration.

17         (3)  "Applicant" means a parent or guardian of a child

18  or a child whose disability of nonage has been removed under

19  chapter 743 who applies for determination of eligibility for

20  health benefits coverage under ss. 409.810-409.820.

21         (4)  "Benchmark benefit plan" means the form and level

22  of health benefits coverage established in s. 409.815.

23         (5)  "Child" means any person under 19 years of age.

24         (6)  "Child with special health care needs" means a

25  child whose serious or chronic physical or developmental

26  condition requires extensive preventive and maintenance care

27  beyond that required by typically healthy children. Health

28  care utilization by such a child exceeds the statistically

29  expected usage of the normal child matched for chronological

30  age and such child often needs complex care requiring multiple

31  providers, rehabilitation services, and specialized equipment

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  in a number of different settings.

 2         (7)  "Community rate" means a method used to develop

 3  premiums for a health insurance plan that spreads financial

 4  risk across a large population and allows adjustments only for

 5  age, gender, family composition, and geographic area.

 6         (8)  "Enrollee" means a child who has been determined

 7  eligible for and is receiving coverage under ss.

 8  409.810-409.820.

 9         (9)  "Enrollment ceiling" means the maximum number of

10  children receiving premium assistance payments, excluding

11  children enrolled in Medicaid, that may be enrolled at any

12  time in the Florida Kids Health program. The maximum number

13  shall be established annually in the General Appropriations

14  Act or by general law.

15         (10)  "Family" means the group or the individuals whose

16  income is considered in determining eligibility for the

17  Florida Kids Health program. The family includes a child,

18  custodial parent, or caretaker relative who resides in the

19  same house or living unit or, in the case of a child whose

20  disability of nonage has been removed under chapter 473, the

21  child. The family may also include individuals whose income

22  and resources are considered in whole or in part in

23  determining eligibility of the child.

24         (11)  "Family income" means cash received at periodic

25  intervals from any source, such as wages, benefits,

26  contributions, or rental property. Income also may include any

27  money that would have been counted as income under the AFDC

28  state plan in effect prior to August 22, 1996.

29         (12)  "Guarantee issue" means that health benefits

30  coverage must be offered to an individual regardless of the

31  individual's health status, preexisting condition, or claims

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  history.

 2         (13)  "Health benefits coverage" means protection that

 3  provides payment of benefits for covered health care services

 4  or that otherwise provides, either directly or through

 5  arrangements with other persons, covered health care services

 6  on a prepaid per capita basis or on a prepaid aggregate

 7  fixed-sum basis.

 8         (14)  "Health insurance plan" means health benefits

 9  coverage under the following:

10         (a)  A health plan offered by any certified health

11  maintenance organization or authorized health insurer, except

12  a plan that is limited to the following: a limited benefit,

13  specified disease, or specified accident; hospital indemnity;

14  accident only; limited benefit convalescent care; Medicare

15  supplement; credit disability; dental; vision; long-term care;

16  disability income; coverage issued as a supplement to another

17  health plan; workers' compensation liability or other

18  insurance; or motor vehicle medical payment only; or

19         (b)  An employee welfare benefit plan that includes

20  health benefits established under the Employee Retirement

21  Income Security Act of 1974, as amended.

22         (15)  "Medicaid" means the medical assistance program

23  authorized by Title XIX of the Social Security Act, and

24  regulations thereunder, and ss. 409.901-409.9205, as

25  administered in this state by the agency.

26         (16)  "Medically necessary" means the use of any

27  medical treatment, service, equipment, or supply necessary to

28  palliate the effects of a terminal condition, or to prevent,

29  diagnose, correct, cure, alleviate, or preclude deterioration

30  of a condition that threatens life, causes pain or suffering,

31  or results in illness or infirmity and which is:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (a)  Consistent with the symptom, diagnosis, and

 2  treatment of the enrollee's condition;

 3         (b)  Provided in accordance with generally accepted

 4  standards of medical practice;

 5         (c)  Not primarily intended for the convenience of the

 6  enrollee, the enrollee's family, or the health care provider;

 7         (d)  The most appropriate level of supply or service

 8  for the diagnosis and treatment of the enrollee's condition;

 9  and

10         (e)  Approved by the appropriate medical body or health

11  care specialty involved as effective, appropriate, and

12  essential for the care and treatment of the enrollee's

13  condition.

14         (17)  "Preexisting condition exclusion" means, with

15  respect to coverage, a limitation or exclusion of benefits

16  relating to a condition based on the fact that the condition

17  was present before the date of enrollment for such coverage,

18  whether or not any medical advice, diagnosis, care, or

19  treatment was recommended or received before such date.

20         (18)  "Premium" means the entire cost of a health

21  insurance plan, including the administration fee or the risk

22  assumption charge.

23         (19)  "Premium assistance payment" means the monthly

24  consideration paid by the agency per enrollee in the Florida

25  Kids Health program towards health insurance premiums.

26         (20)  "Program" means the Florida Kids Health program,

27  the medical assistance program authorized by Title XXI of the

28  Social Security Act as part of the federal Balanced Budget Act

29  of 1997.

30         (21)  "Qualified alien" means an alien as defined in s.

31  431 of the Personal Responsibility and Work Opportunity

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.

 2         (22)  "Resident" means a United States citizen, or

 3  qualified alien, who is domiciled in this state.

 4         (23)  "Rural county" means a county having a population

 5  density of less than 100 persons per square mile, or a county

 6  defined by the most recent United States Census as rural, in

 7  which there is no prepaid health plan participating in the

 8  Medicaid program as of July 1, 1998.

 9         (24)  "Substantially similar" means that, with respect

10  to additional services as defined in s. 2103(c)(2) of Title

11  XXI of the Social Security Act, these services must have an

12  actuarial value equal to at least 75 percent of the actuarial

13  value of the coverage for that service in the benchmark

14  benefit plan and, with respect to the basic services as

15  defined in s. 2103(c)(1) of Title XXI of the Social Security

16  Act, these services must be the same as the services in the

17  benchmark benefit plan.

18         Section 6.  Section 409.812, Florida Statutes, is

19  created to read:

20         409.812  Program created; purpose.--The Florida Kids

21  Health program is created to provide a defined set of health

22  benefits to previously uninsured, low-income children through

23  the establishment of a variety of affordable health benefits

24  coverage options from which families may select coverage and

25  through which families may contribute financially to the

26  health care of their children.

27         Section 7.  Section 409.813, Florida Statutes, is

28  created to read:

29         409.813  Program components; entitlement and

30  nonentitlement.--The Florida Kids Health program includes

31  health benefits coverage provided to children through:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (1)  Medicaid;

 2         (2)  Medikids as created in s. 409.8132;

 3         (3)  The Florida Healthy Kids Corporation as created in

 4  s. 624.91;

 5         (4)  Employer-sponsored group health insurance plans

 6  approved under ss. 409.810-409.820; and

 7         (5)  The Children's Medical Services network

 8  established in s. 409.9126.

 9

10  Except for coverage under the Medicaid program, coverage under

11  the Florida Kids Health program is not an entitlement.

12         Section 8.  Section 409.8132, Florida Statutes, is

13  created to read:

14         409.8132  Medikids program component.--

15         (1)  PROGRAM COMPONENT CREATED; PURPOSE.--The Medikids

16  program component is created in the Agency for Health Care

17  Administration to provide health care services under the

18  Florida Kids Health program to eligible children using the

19  administrative structure and provider network of the Medicaid

20  program.

21         (2)  ADMINISTRATION.--The director of the agency shall

22  appoint an administrator of the Medikids program component,

23  which shall be located in the Division of State Health

24  Purchasing. The Agency for Health Care Administration is

25  designated as the state agency authorized to make payments for

26  medical assistance and related services for the Medikids

27  program component of the Florida Kids Health program. Payments

28  shall be made, subject to any limitations or directions in the

29  General Appropriations Act, only for covered services provided

30  to eligible children by qualified health care providers under

31  the Florida Kids Health program.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (3)  INSURANCE LICENSURE NOT REQUIRED.--The Medikids

 2  program component shall not be subject to the licensing

 3  requirements of the Florida Insurance Code or rules of the

 4  Department of Insurance.

 5         (4)  APPLICABILITY OF LAWS RELATING TO MEDICAID.--The

 6  provisions of ss. 409.907, 409.908, 409.910, 409.912,

 7  409.9121, 409.9122, 409.9123, 409.9124, 409.9127, 409.9128,

 8  409.913, 409.916, 409.919, 409.920, and 409.9205, apply to the

 9  administration of the Medikids program component of the

10  Florida Kids Health program, except that s. 409.9122 applies

11  to Medikids as modified by the provisions of subsection (7).

12         (5)  BENEFITS.--Benefits provided under the Medikids

13  program component shall be the same benefits provided to

14  children as specified in ss. 409.905 and 409.906.

15         (6)  ELIGIBILITY.--A child who has attained the age of

16  1 year, but has not attained the age of 4 years, is eligible

17  to enroll in the Medikids program component of the Florida

18  Kids Health program, if the child is a member of a family that

19  has a family income that exceeds 133 percent of the current

20  federal poverty level, but that is equal to or below 200

21  percent of the current federal poverty level. In determining

22  the eligibility of such a child, an assets test is not

23  required. A child who is eligible for Medikids may elect to

24  enroll in Florida Healthy Kids coverage or employer-sponsored

25  group coverage.

26         (7)  ENROLLMENT.--Enrollment in the Medikids program

27  component may only occur during periodic open enrollment

28  periods as specified by the agency. During the first 12 months

29  of the program, there shall be at least one, but no more than

30  three, open enrollment periods. The initial open enrollment

31  period shall be for 60 days, and subsequent open enrollment

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  periods during the first year of operation of the program

 2  shall be for 30 days. After the first year of the program, the

 3  agency shall determine the frequency and duration of open

 4  enrollment periods. A child may apply for enrollment in the

 5  Medikids program component and proceed through the eligibility

 6  determination process at any time throughout the year.

 7  However, enrollment in Medikids shall not begin until the next

 8  open enrollment period; and a child may not receive services

 9  under the Medikids program until the child is enrolled in a

10  managed care plan or MediPass. In addition, once a child is

11  determined eligible, the child may receive choice counseling

12  and select a managed care plan or MediPass. A child may select

13  MediPass under the Medikids program component only in counties

14  that have fewer than two managed care plans available to serve

15  Medicaid recipients and only if the federal Health Care

16  Financing Administration determines that MediPass constitutes

17  "health insurance coverage" as defined in Title XXI of the

18  Social Security Act.

19         (8)  SPECIAL ENROLLMENT PERIODS.--The agency shall

20  establish a special enrollment period of 30 days' duration for

21  any child who is enrolled in Medicaid if such child loses

22  Medicaid eligibility and becomes eligible for Medikids or if

23  such child moves to another county that is not within the

24  coverage area of the child's Medikids managed care plan or

25  MediPass provider.

26         (9)  PENALTIES FOR VOLUNTARY CANCELLATION.--The agency

27  shall establish enrollment criteria that must include

28  penalties or waiting periods of not fewer than 60 days for

29  reinstatement of coverage upon voluntary cancellation for

30  nonpayment of premiums.

31         Section 9.  Section 409.8135, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  created to read:

 2         409.8135  Program enrollment and expenditure

 3  ceilings.--

 4         (1)  Except for the Medicaid program, a ceiling shall

 5  be placed on annual federal and state expenditures and on

 6  enrollment in the Florida Kids Health program as provided each

 7  year in the General Appropriations Act. The agency, in

 8  consultation with the Department of Health, may propose to

 9  increase the enrollment ceiling in accordance with chapter

10  216.

11         (2)  Except for the Medicaid program, whenever the

12  Social Services Estimating Conference determines that there is

13  presently, or will be by the end of the current fiscal year,

14  insufficient funds to finance the current or projected

15  enrollment in the program, all additional enrollment must

16  cease and additional enrollment may not resume until

17  sufficient funds are available to finance such enrollment.

18         (3)  The agency shall collect and analyze the data

19  needed to project program enrollment, including participation

20  rates, caseloads, and expenditures. The agency shall report

21  the caseload and expenditure trends to the Social Services

22  Estimating Conference in accordance with chapter 216.

23         Section 10.  Section 409.814, Florida Statutes, is

24  created to read:

25         409.814  Eligibility.--A child whose family income is

26  equal to or below 200 percent of the federal poverty level is

27  eligible for the Florida Kids Health program as provided in

28  this section. In determining the eligibility of such a child,

29  an assets test is not required.

30         (1)  A child who is eligible for Medicaid coverage

31  under s. 409.903 or s. 409.904 must be enrolled in Medicaid

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  and is not eligible to receive health benefits under any other

 2  health benefits coverage authorized under ss. 409.810-409.820.

 3         (2)  A child who is not eligible for Medicaid, but who

 4  is eligible for the program, may obtain coverage under any of

 5  the other types of health benefits coverage authorized in ss.

 6  409.810-409.820 if such coverage is approved and available in

 7  the county in which the child resides.

 8         (3)  A child who is eligible for the program under

 9  subsection (1) or (2) and who is a child with special health

10  care needs, as determined through a risk-screening instrument,

11  is eligible for health benefits coverage from and may be

12  referred to the Children's Medical Services network.

13         (4)  The following children are not eligible to receive

14  health benefits coverage under ss. 409.810-409.820, except

15  under Medicaid if the child would have been eligible for

16  Medicaid under s. 409.903 or s. 409.904 as of June 1, 1997:

17         (a)  A child who is eligible for coverage under a state

18  health benefits plan on the basis of a family member's

19  employment with a public agency in the state;

20         (b)  A child who is covered under a group health

21  benefit plan or under other health insurance coverage,

22  excluding coverage provided under the Florida Healthy Kids

23  Corporation as established under s. 624.91;

24         (c)  A child who is seeking premium assistance for

25  employer-sponsored group coverage, if the child has been

26  covered by the same employer's group coverage during the 6

27  months prior to the family's submitting an application for

28  determination of eligibility under the program;

29         (d)  A child who is an alien, but who does not meet the

30  definition of qualified alien, in the United States; or

31         (e)  A child who is an inmate of a public institution

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  or a patient in an institution for mental diseases.

 2         (5)  A child whose family income is above 200 percent

 3  of the federal poverty level may participate in the program,

 4  excluding the Medicaid program, but is subject to the

 5  following provisions:

 6         (a)  The family is not eligible for premium assistance

 7  payments and must pay the full cost of the premium, including

 8  any administrative costs. Children described in this

 9  subsection are not counted in the annual enrollment ceiling

10  for the Florida Kids Health program.

11         (b)  The agency is authorized to place limits on

12  enrollment in Medikids by these children in order to avoid

13  adverse selection.  The number of children participating in

14  Medikids whose family income exceeds 200 percent of the

15  federal poverty level must not exceed 10 percent of total

16  enrollees in the Medikids program.

17         (c)  The board of directors of the Florida Healthy Kids

18  Corporation is authorized to place limits on enrollment of

19  these children in order to avoid adverse selection. In

20  addition, the board is authorized to offer a reduced benefit

21  package to these children in order to limit program costs for

22  such families. The number of children participating in Healthy

23  Kids whose family income exceeds 200 percent of the federal

24  poverty level must not exceed 10 percent of total enrollees in

25  the Healthy Kids program.

26         (6)  Once a child is determined eligible for the

27  program, the child is eligible for coverage under the program

28  for 6 months without a redetermination or reverification of

29  eligibility if the family continues to pay the applicable

30  premium.

31         Section 11.  Section 409.815, Florida Statutes, is

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  created to read:

 2         409.815  Health benefits coverage; limitations.--

 3         (1)  MEDICAID BENEFITS.--For purposes of this program,

 4  benefits available under the Medicaid program include those

 5  goods and services provided under the medical assistance

 6  program authorized by Title XIX of the Social Security Act,

 7  and regulations thereunder, as administered in this state by

 8  the agency. This includes those mandatory Medicaid services

 9  authorized under s. 409.905 and optional Medicaid services

10  authorized under s. 409.906, rendered on behalf of eligible

11  individuals by qualified providers, in accordance with federal

12  requirements for Title XIX, subject to any limitations or

13  directions provided for in the General Appropriations Act or

14  chapter 216, and according to methodologies and limitations

15  set forth in agency rules and policy manuals and handbooks

16  incorporated by reference thereto.

17         (2)  BENCHMARK BENEFITS.--In order for health benefits

18  coverage to qualify for premium assistance payments for an

19  eligible child under ss. 409.810-409.820, the health benefits

20  coverage, except for coverage under Medicaid and Medikids,

21  must include the following minimum benefits as medically

22  necessary.

23         (a)  Preventive health services.--Covered services

24  include:

25         1.  Well-child care, including services recommended in

26  the Guidelines for Health Supervision of Children and Youth as

27  developed by the American Academy of Pediatrics;

28         2.  Immunizations and injections;

29         3.  Health education counseling and clinical services;

30         4.  Vision screening; and

31         5.  Hearing screening.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (b)  Inpatient hospital services.--All covered services

 2  provided for the medical care and treatment of an enrollee who

 3  is admitted as an inpatient to a hospital licensed under part

 4  I of chapter 395, with the following exceptions:

 5         1.  All admissions must be authorized by the enrollee's

 6  health benefits coverage provider.

 7         2.  The length of the patient stay shall be determined

 8  on the medical condition of the enrollee in relation to the

 9  necessary and appropriate level of care.

10         3.  Room and board may be limited to semiprivate

11  accommodations unless a private room is considered medically

12  necessary or semiprivate accommodations are not available.

13         4.  Admissions for rehabilitation and physical therapy

14  are limited to 15 days per contract year.

15         (c)  Emergency services.--Covered services include

16  visits to an emergency room or other licensed facility if

17  needed immediately due to an injury or illness and delay means

18  risk of permanent damage to the enrollee's health.

19         (d)  Maternity services.--Covered services include

20  maternity and newborn care, including prenatal and postnatal

21  care with the following limitations:

22         1.  Coverage may be limited to the fee for vaginal

23  deliveries; and

24         2.  Initial inpatient care for newborn infants of

25  enrolled adolescents shall be covered, including normal

26  newborn care, nursery charges, and the initial pediatric or

27  neonatal examination, and the infant may be covered for up to

28  3 days following birth.

29         (e)  Organ transplantation services.--Covered services

30  include pretransplant, transplant, and postdischarge services

31  and treatment of complications after transplantation for

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  transplants deemed necessary and appropriate within the

 2  guidelines set by the Agency for Health Care Administration

 3  Organ Transplant Advisory Council under s. 381.0602 or the

 4  Agency for Health Care Administration Bone Marrow Transplant

 5  Advisory Panel under s. 627.4236.

 6         (f)  Outpatient services.--Covered services include

 7  preventive, diagnostic, therapeutic, palliative care, and

 8  other services provided to an enrollee in the outpatient

 9  portion of a health facility licensed under chapter 395,

10  except for the following limitations:

11         1.  Services must be authorized by the enrollee's

12  health benefits coverage provider; and

13         2.  Treatment for temporomandibular joint disease (TMJ)

14  is specifically excluded.

15         (g)  Behavioral health services.--

16         1.  Mental health benefits include:

17         a.  Inpatient services, limited to not more than 30

18  inpatient days per contract year for psychiatric admissions;

19  and

20         b.  Outpatient services, including outpatient visits

21  for psychological or psychiatric evaluation, diagnosis, and

22  treatment by a licensed mental health professional, limited to

23  a maximum of 40 outpatient visits each contract year.

24         2.  Substance abuse services include:

25         a.  Inpatient services limited to no more than 7

26  inpatient days per contract year for medical detoxification

27  only and 30 days of residential services; and

28         b.  Outpatient services, including evaluation,

29  diagnosis, and treatment by a licensed practitioner, limited

30  to a maximum of 40 outpatient visits per contract year.

31         (h)  Durable medical equipment.--Covered services

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  include equipment and devices that are medically indicated to

 2  assist in the treatment of a medical condition and

 3  specifically prescribed as medically necessary, with the

 4  following limitations:

 5         1.  Low vision and telescopic aides are not included.

 6         2.  Corrective lenses and frames may be limited to one

 7  pair every 2 years, unless the prescription or head size of

 8  the enrollee changes.

 9         3.  Hearing aids shall be covered only when medically

10  indicated to assist in the treatment of a medical condition.

11         4.  Covered prosthetic devices include artificial eyes

12  and limbs, braces, and other artificial aids.

13         (i)  Health practitioner services.--Covered services

14  include services and procedures rendered to an enrollee when

15  performed to diagnose and treat diseases, injuries, or other

16  conditions, including care rendered by health practitioners

17  acting within the scope of their practice, with the following

18  exceptions:

19         1.  Chiropractic services shall be provided in the same

20  manner as in the Florida Medicaid Program.

21         2.  Podiatric services may be limited to one visit per

22  day totaling two visits per month for specific foot disorders.

23         (j)  Home health services.--Covered services include

24  prescribed home visits by both registered and licensed

25  practical nurses to provide skilled nursing services on a

26  part-time intermittent basis, subject to the following

27  limitations:

28         1.  Coverage may be limited to include skilled nursing

29  services only;

30         2.  Meals, housekeeping, and personal comfort items may

31  be excluded; and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         3.  Private duty nursing is limited to circumstances

 2  where such care is medically necessary.

 3         (k)  Hospice services.--Covered services include

 4  reasonable and necessary services for palliation or management

 5  of an enrollee's terminal illness, with the following

 6  exceptions:

 7         1.  Once a family elects to receive hospice care for an

 8  enrollee, other services that treat the terminal condition

 9  will not be covered; and

10         2.  Services required for conditions totally unrelated

11  to the terminal condition are covered to the extent that the

12  services are included in this section.

13         (l)  Laboratory and X-ray services.--Covered services

14  include diagnostic testing, including clinical radiologic,

15  laboratory, and other diagnostic tests.

16         (m)  Nursing facility services.--Covered services

17  include regular nursing services, rehabilitation services,

18  drugs and biologicals, medical supplies, and the use of

19  appliances and equipment furnished by the facility, with the

20  following limitations:

21         1.  All admissions must be authorized by the health

22  benefits coverage provider.

23         2.  The length of the patient stay shall be determined

24  on the medical condition of the enrollee in relation to the

25  necessary and appropriate level of care, but is limited to not

26  more than 100 days per contract year.

27         3.  Room and board may be limited to semiprivate

28  accommodations, unless a private room is considered medically

29  necessary or semiprivate accommodations are not available.

30         4.  Specialized treatment centers and independent

31  kidney disease treatment centers are excluded.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         5.  Private duty nurses, television, and custodial care

 2  are excluded.

 3         6.  Admissions for rehabilitation and physical therapy

 4  are limited to 15 days per contract year.

 5         (n)  Prescribed drugs.--

 6         1.  Coverage shall include drugs prescribed for the

 7  treatment of illness or injury when prescribed by a licensed

 8  health practitioner acting within the scope of his or her

 9  practice.

10         2.  Prescribed drugs may be limited to generics if

11  available and brand name products if a generic substitution is

12  not available, unless the prescribing licensed health

13  practitioner indicates that a brand name is medically

14  necessary.

15         3.  Prescribed drugs covered under this section shall

16  include all prescribed drugs covered under the Florida

17  Medicaid program.

18         (o)  Therapy services.--Covered services include

19  rehabilitative services, including occupational, physical,

20  respiratory, and speech therapies, with the following

21  limitations:

22         1.  Services must be for short-term rehabilitation

23  where significant improvement in the enrollee's condition will

24  result; and

25         2.  Services shall be no more than twenty-four

26  treatment sessions within a 60-day period per episode or

27  injury, with the 60-day period beginning with the first

28  treatment.

29         (p)  Transportation services.--Covered services include

30  emergency transportation required in response to an emergency

31  situation.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (q)  Lifetime maximum.--Health benefits coverage

 2  obtained under ss. 409.810-409.820 shall pay an enrollee's

 3  covered expenses at a lifetime maximum of $1 million per

 4  covered child.

 5         (r)  Cost-sharing.--Cost-sharing provisions must comply

 6  with s. 409.816.

 7         (s)  Exclusions.--

 8         1.  Experimental or investigational procedures that

 9  have not been clinically proven by reliable evidence are

10  excluded;

11         2.  Services performed for cosmetic purposes only or

12  for the convenience of the enrollee are excluded; and

13         3.  Abortion may be covered only if necessary to save

14  the life of the mother or if the pregnancy is the result of an

15  act of rape or incest.

16         (t)  Enhancements to minimum requirements.--

17         1.  This section sets the minimum benefits that must be

18  included in any health benefits coverage, other than Medicaid

19  or Medikids coverage, offered under ss. 409.810-409.820.

20  Health benefits coverage may include additional benefits not

21  included under this subsection, but may not include benefits

22  excluded under paragraph (s).

23         2.  Health benefits coverage may extend any limitations

24  beyond the minimum benefits described in this section.

25

26  Except for the Children's Medical Services network, the agency

27  may not increase the premium assistance payment for either

28  additional benefits provided beyond the minimum benefits

29  described in this section or the imposition of less

30  restrictive service limitations.

31         (u)  Applicability of other state laws.--Health

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  insurers, health maintenance organizations, and their agents

 2  are subject to the provisions of the Florida Insurance Code,

 3  except for any such provisions waived in this section.

 4         1.  Except as expressly provided in this section, a law

 5  requiring coverage for a specific health care service or

 6  benefit, or a law requiring reimbursement, utilization, or

 7  consideration of a specific category of licensed health care

 8  practitioner, does not apply to an insurance health plan

 9  policy or contract offered or delivered under ss.

10  409.810-409.820 unless that law is made expressly applicable

11  to such policies or contracts.

12         2.  Notwithstanding chapter 641, a health maintenance

13  organization may issue contracts providing benefits equal to,

14  exceeding, or actuarially equivalent to the benchmark benefit

15  plan authorized by this section and may pay providers located

16  in a rural county negotiated fees or Medicaid reimbursement

17  rates for services provided to enrollees who are residents of

18  the rural county.

19         Section 12.  Section 409.816, Florida Statutes, is

20  created to read:

21         409.816  Limitations on premiums and cost-sharing.--The

22  following limitations on premiums and cost-sharing are

23  established for the program.

24         (1)  Enrollees who receive coverage under the Medicaid

25  program may not be required to pay:

26         (a)  Enrollment fees, premiums, or similar charges; or

27         (b)  Copayments, deductibles, coinsurance, or similar

28  charges.

29         (2)  Enrollees in families with a family income equal

30  to or below 150 percent of the federal poverty level and who

31  are not receiving coverage under the Medicaid program may not

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  be required to pay:

 2         (a)  Enrollment fees, premiums, or similar charges that

 3  exceed the maximum monthly charge permitted under s.

 4  1916(b)(1) of the Social Security Act; or

 5         (b)  Copayments, deductibles, coinsurance, or similar

 6  charges that exceed a nominal amount, as determined consistent

 7  with regulations referred to in s. 1916(a)(3) of the Social

 8  Security Act. However, such charges may not be imposed for

 9  preventive services, including well-baby and well-child care,

10  age-appropriate immunizations, and routine hearing and vision

11  screenings.

12         (3)  Enrollees in families with a family income above

13  150 percent of the federal poverty level and who are not

14  receiving coverage under the Medicaid program, or who are not

15  eligible under s. 409.814(5), may be required to pay

16  enrollment fees, premiums, copayments, deductibles,

17  coinsurance, or similar charges on a sliding scale related to

18  income, except that the total annual aggregate cost-sharing

19  with respect to all children in a family may not exceed 5

20  percent of the family's income. However, copayments,

21  deductibles, coinsurance, or similar charges may not be

22  imposed for preventive services, including well-baby and

23  well-child care, age-appropriate immunizations, and routine

24  hearing and vision screenings.

25         Section 13.  Section 409.817, Florida Statutes, is

26  created to read:

27         409.817  Approval of health benefits coverage;

28  financial assistance.--In order for health insurance coverage

29  to qualify for premium assistance payments for an eligible

30  child under ss. 409.810-409.820, the health benefits coverage

31  must:

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (1)  Be certified by the Department of Insurance under

 2  s. 409.818 as meeting, exceeding, or being actuarially

 3  equivalent to the benchmark benefit plan;

 4         (2)  Be guarantee issued;

 5         (3)  Be community rated;

 6         (4)  Not impose any preexisting condition exclusion for

 7  covered benefits; however, group health insurance plans may

 8  permit the imposition of a preexisting condition exclusion,

 9  but only insofar as it is permitted under s. 627.6561;

10         (5)  Comply with the applicable limitations on premiums

11  and cost-sharing in s. 409.816;

12         (6)  Comply with the quality assurance and access

13  standards developed under s. 409.820; and

14         (7)  Establish periodic open enrollment periods, which

15  may not occur more frequently than quarterly.

16         Section 14.  Section 409.8175, Florida Statutes, is

17  created to read:

18         409.8175  Delivery of services in rural counties.--A

19  health maintenance organization or a health insurer may

20  reimburse providers located in a rural county according to the

21  Medicaid fee schedule for services provided to enrollees in

22  rural counties if the provider agrees to accept such fee

23  schedule.

24         Section 15.  Section 409.818, Florida Statutes, is

25  created to read:

26         409.818  Administration.--In order to implement ss.

27  409.810-409.820, the following agencies shall have the

28  following duties:

29         (1)  The Department of Children and Family Services

30  shall:

31         (a)  Develop a simplified eligibility application

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  mail-in form to be used for determining the eligibility of

 2  children for coverage under the program in consultation with

 3  the agency, the Department of Health, and the Florida Healthy

 4  Kids Corporation. The simplified eligibility application form

 5  must include an item that provides an opportunity for the

 6  applicant to indicate whether coverage is being sought for a

 7  child with special health care needs. Families applying for

 8  the program must also be able to use the simplified

 9  application form without having to pay a premium.

10         (b)  Establish and maintain the eligibility

11  determination process under the program. The department shall

12  directly, or through the services of a contracted third-party

13  administrator, establish and maintain a process for

14  determining eligibility of children for coverage under the

15  program. The eligibility determination process must be used

16  solely for determining eligibility of applicants for health

17  benefits coverage under the program. The eligibility

18  determination process must include an initial determination of

19  eligibility for any coverage offered under the program, as

20  well as a redetermination or reverification of eligibility

21  each subsequent 6 months. In conducting an eligibility

22  determination, the department shall determine if the child has

23  special health care needs.

24         (c)  Inform program applicants about eligibility

25  determinations and provide information about eligibility of

26  applicants to the Medicaid program, Medikids, the Children's

27  Medical Services network, the Florida Healthy Kids

28  Corporation, and insurers and their agents through a

29  centralized coordinating office.

30         (d)  Adopt rules necessary for conducting program

31  eligibility functions.

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         (2)  The Department of Health shall:

 2         (a)  Design an eligibility intake process for the

 3  program, in coordination with the Department of Children and

 4  Family Services, the agency, and the Florida Healthy Kids

 5  Corporation. The eligibility intake process may include local

 6  intake points that are determined by the Department of Health

 7  in coordination with the Department of Children and Family

 8  Services.

 9         (b)  Design and implement program outreach activities

10  under s. 409.819.

11         (c)  Chair a state-level coordinating council for the

12  program to review and make recommendations concerning the

13  implementation and operation of the program. The coordinating

14  council shall include representatives from the department, the

15  Department of Children and Family Services, the agency, the

16  Florida Healthy Kids Corporation, the Department of Insurance,

17  health insurers, families participating in the program, and

18  organizations representing low-income families.

19         (d)  Adopt rules necessary to implement outreach

20  activities.

21         (3)  The Agency for Health Care Administration, under

22  the authority granted in s. 409.914(1), shall:

23         (a)  Calculate the premium assistance payment necessary

24  to comply with the premium and cost-sharing limitations

25  specified in s. 409.816. The premium assistance payment for

26  each enrollee in an insurance plan participating in the

27  Florida Healthy Kids Corporation shall equal the premium

28  approved by the Florida Healthy Kids Corporation and the

29  Department of Insurance pursuant to ss. 627.410 and 641.31,

30  less any enrollee's share of the premium established within

31  the limitations specified in s. 409.816. The premium

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  assistance payment for each enrollee in employer-sponsored

 2  health insurance plans approved under ss. 409.810-409.820

 3  shall equal the premium for the plan adjusted for any

 4  benchmark benefit plan actuarial equivalent benefit rider

 5  approved by the Department of Insurance pursuant to ss.

 6  627.410 and 641.31, less any enrollee's share of the premium

 7  established within the limitations specified in s. 409.816. In

 8  calculating the premium assistance payment levels for children

 9  with family coverage, the agency shall set the premium

10  assistance payment levels for each child proportionately to

11  the total cost of family coverage.

12         (b)  Annually calculate the program enrollment ceiling

13  based on estimated per-child premium assistance payments and

14  the estimated appropriation available for the program.

15         (c)  Make premium assistance payments to health

16  insurance plans on a periodic basis. The agency may use its

17  Medicaid fiscal agent or a contracted third-party

18  administrator in making these payments.

19         (d)  Monitor compliance with quality assurance and

20  access standards developed under s. 409.820.

21         (e)  Establish a mechanism for investigating and

22  resolving complaints and grievances from program applicants,

23  enrollees, and health benefits coverage providers, and

24  maintain a record of complaints and confirmed problems. In the

25  case of a child who is enrolled in a health maintenance

26  organization, the agency must use the provisions of s. 641.511

27  to address grievance reporting and resolution requirements.

28         (f)  Approve health benefits coverage for participation

29  in the program, following certification by the Department of

30  Insurance under subsection (4).

31         (g)  Adopt rules necessary for calculating premium

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  assistance payment levels, calculating the program enrollment

 2  ceiling, making premium assistance payments, monitoring access

 3  and quality assurance standards, investigating and resolving

 4  complaints and grievances, administering the Medikids program,

 5  and approving health benefits coverage.

 6         (4)  The Department of Insurance shall certify that

 7  health benefits coverage plans that seek to provide services

 8  under the program, except those offered through the Florida

 9  Healthy Kids Corporation or the Children's Medical Services

10  network, meet, exceed, or are actuarially equivalent to the

11  benchmark benefit plan and that health insurance plans will be

12  offered at an approved rate. In determining actuarial

13  equivalence of benefits coverage, the Department of Insurance

14  and health insurance plans must comply with the requirements

15  of section 2103 of Title XXI of the Social Security Act. The

16  department shall adopt rules necessary for certifying health

17  benefits coverage plans.

18         (5)  The Florida Healthy Kids Corporation shall retain

19  its functions as authorized in s. 624.91, with the exception

20  of its eligibility determination functions relating to

21  coverage under the Florida Kids Health program which shall be

22  assumed by the Department of Children and Family Services.

23  Each fiscal year, the corporation shall establish a maximum

24  number of children by county on a statewide basis who may

25  enroll in the program without requiring local matching funds.

26  Thereafter, the corporation may establish local government

27  matching requirements for supplemental participation in the

28  program. The corporation may vary local matching requirements

29  and enrollment by county depending on factors that may

30  influence the generation of local match, including, but not

31  limited to, population density, per capita income, existing

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  local tax effort and other factors.

 2         (6)  The Agency for Health Care Administration, the

 3  Department of Health, the Department of Children and Family

 4  Services, and the Department of Insurance have the authority

 5  to make program modifications and adopt rules not inconsistent

 6  with the administrative responsibilities and rulemaking

 7  authority granted in this section which are necessary to

 8  overcome any objections of the federal Department of Health

 9  and Human Services and obtain approval of the state's child

10  health plan under Title XXI of the Social Security Act.

11         Section 16.  Section 154.508, Florida Statutes, is

12  transferred, renumbered as section 409.819, Florida Statutes,

13  and amended to read:

14         409.819 154.508  Identification of low-income,

15  uninsured children; determination of Medicaid eligibility for

16  the Florida Kids Health program; alternative health care

17  information.--The Department of Health Agency for Health Care

18  Administration shall develop a program, in conjunction with

19  the Department of Education, the Department of Children and

20  Family Services, the Agency for Health Care Administration,

21  the Florida Healthy Kids Corporation the Department of Health,

22  local governments, employers school districts, and other

23  stakeholders to identify low-income, uninsured children and,

24  to the extent possible and subject to appropriation, refer

25  them to the Department of Children and Family Services for a

26  Medicaid eligibility determination and provide parents with

27  information about choices alternative sources of health

28  benefits coverage under the Florida Kids Health program care.

29  These activities shall include, but not be limited to:

30  training community providers in effective methods of outreach;

31  conducting public information campaigns designed to publicize

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  the Florida Kids Health program, the eligibility requirements

 2  of the program, and the procedures for enrollment in the

 3  program; and maintaining public awareness of the Florida Kids

 4  Health program.

 5         Section 17.  Section 409.820, Florida Statutes, is

 6  created to read:

 7         409.820  Quality assurance and access standards.--The

 8  Department of Health, in consultation with the agency and the

 9  Florida Healthy Kids Corporation, shall develop a common set

10  of quality assurance and access standards for all program

11  components. The standards must include a process for granting

12  exceptions to specific requirements for quality assurance and

13  access. Compliance with the standards shall be a condition of

14  program participation by health benefits coverage providers.

15         Section 18.  The following performance measures and

16  standards are adopted for the Florida Kids Health program.--

17         (1)  The total number of previously uninsured children

18  who receive health benefits coverage as a result of state

19  activities under Title XXI of the Social Security Act: 254,000

20  uninsured children expected to obtain coverage during the

21  1998-1999 fiscal year.

22         (a)  The number of children enrolled in the Medicaid

23  program as a result of eligibility expansions under Title XXI

24  of the Social Security Act: 31,000 children enrolled in

25  Medicaid under new eligibility groups during the 1998-1999

26  fiscal year.

27         (b)  The number of children enrolled in the Medicaid

28  program as a result of outreach efforts under Title XXI of the

29  Social Security Act who are eligible for Medicaid but who have

30  not enrolled in the program: 80,000 children previously

31  eligible for Medicaid, but not enrolled in Medicaid, who

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  enroll in Medicaid during the 1998-1999 fiscal year.

 2         (c)  The number of uninsured children enrolled in

 3  Medikids under Title XXI of the Social Security Act:  15,500

 4  children enrolled in Medikids during the 1998-1999 fiscal

 5  year.

 6         (d)  The number of uninsured children added to the

 7  enrollment for the Florida Healthy Kids Corporation program

 8  under Title XXI of the Social Security Act: 70,000 additional

 9  children enrolled in the Florida Healthy Kids Corporation

10  program during the 1998-1999 fiscal year.

11         (e)  The number of uninsured children enrolled in

12  employer-sponsored group health insurance coverage under Title

13  XXI of the Social Security Act: 48,000 uninsured children

14  enrolled in health insurance coverage during the 1998-1999

15  fiscal year.

16         (f)  The number of uninsured children enrolled in the

17  Children's Medical Services network under Title XXI of the

18  Social Security Act: 9,500 uninsured children enrolled in the

19  Children's Medical Services network during the 1998-1999

20  fiscal year.

21         (2)  The percentage of uninsured children in this state

22  as of July 1, 1998, who receive health benefits coverage under

23  the Florida Kids Health program: 30.9 percent of uninsured

24  children enrolled in the Florida Kids Health program during

25  the 1998-1999 fiscal year.

26         (3)  The percentage of children enrolled in the Florida

27  Kids Health program with up-to-date immunizations: 80 percent

28  of enrolled children with up-to-date immunizations.

29         (4)  The percentage of compliance with the standards

30  established in the Guidelines for Health Supervision of

31  Children and Youth as developed by the American Academy of

                                  35
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  Pediatrics for children eligible for the Florida Kids Health

 2  program and served under:

 3         (a)  Medicaid;

 4         (b)  Medikids;

 5         (c)  The Florida Healthy Kids Corporation program; and

 6         (d)  Health insurance products.

 7

 8  For each category of coverage, the health care provided is in

 9  compliance with the health supervision standards for 80

10  percent of enrolled children.

11         (5)  The perception of the enrollee or the enrollee's

12  family concerning coverage provided to children enrolled in

13  the Florida Kids Health program and served under:

14         (a)  Medicaid;

15         (b)  Medikids;

16         (c)  Florida Healthy Kids Corporation;

17         (d)  Health insurance products; and

18         (e)  Children's Medical Services network.

19

20  For each category of coverage, 90 percent of the enrollees or

21  the enrollee families indicate satisfaction with the care

22  provided under the program.

23         Section 19.  The Agency for Health Care Administration

24  shall conduct a study of the feasibility of extending

25  presumptive eligibility for Medicaid to children who have not

26  attained the age of 19.  The study shall assess whether

27  families delay seeking health care services or health care

28  coverage because of the lack of presumptive eligibility. The

29  agency shall report its findings to the President of the

30  Senate, the Speaker of the House of Representatives, and the

31  chairpersons of the respective health care committees no later

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1  than December 31, 1998.

 2         Section 20.  Section 624.92, Florida Statutes, as

 3  created by section 9 of chapter 97-260, Laws of Florida, is

 4  repealed.

 5         Section 21.  For the 1998-1999 fiscal year, the

 6  enrollment ceiling for the non-Medicaid portion of the Florida

 7  Kids Health program is 270,000 children. Thereafter, the

 8  enrollment ceiling shall be established in the General

 9  Appropriations Act or by general law.

10         Section 22.  The sum of $2 million is appropriated from

11  funds available under Title XXI of the Social Security Act and

12  shall be used for school health services during the 1998-1999

13  fiscal year.

14         Section 23.  The provisions of this act which would

15  require changes to contracts in existence on June 30, 1998,

16  between the Florida Healthy Kids Corporation and its

17  contracted providers shall be applied to such contracts upon

18  the renewal of the contracts, but not later than July 1, 2000.

19         Section 24.  This act shall take effect July 1, 1998.

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         Delete everything before the enacting clause

25

26  and insert:

27                      A bill to be entitled

28         An act relating to children's health care;

29         amending s. 409.904, F.S.; providing for

30         children under specified ages who are not

31         otherwise eligible for the Medicaid program to

                                  37
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         be eligible for optional payments for medical

 2         assistance; creating s. 409.9045, F.S.;

 3         providing for a period of continuous

 4         eligibility for Medicaid for children; amending

 5         s. 409.9126, F.S.; making the Children's

 6         Medical Services network available to certain

 7         children who are eligible for the Florida Kids

 8         Health program; authorizing the inclusion of

 9         behavioral health services as part of the

10         Children's Medical Services network;

11         establishing the reimbursement methodology for

12         services provided to certain children through

13         the Children's Medical Services network;

14         specifying that the Children's Medical Services

15         network is not subject to licensure under the

16         insurance code or rules of the Department of

17         Insurance; directing the Department of Health

18         to contract with the Department of Children and

19         Family Services for certain services for

20         children with special health care needs;

21         authorizing the Department of Children and

22         Family Services to establish certain standards

23         and guidelines; revising provisions to reflect

24         the transfer of duties to the Department of

25         Health; creating s. 409.810, F.S.; providing a

26         short title; creating s. 409.811, F.S.;

27         providing definitions; creating s. 409.812,

28         F.S.; creating and providing the purpose for

29         the Florida Kids Health program; creating s.

30         409.813, F.S.; specifying program components;

31         specifying that certain program components are

                                  38
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         not an entitlement; creating s. 409.8132, F.S.;

 2         creating and establishing the purpose of the

 3         Medikids program component; providing for

 4         administration of Medikids by the Agency for

 5         Health Care Administration; exempting Medikids

 6         from licensure under the Florida Insurance

 7         Code; providing applicability of certain

 8         Medicaid requirements; establishing benefit

 9         requirements; providing for eligibility;

10         providing enrollment requirements; authorizing

11         penalties for nonpayment of premiums; creating

12         s. 409.8135, F.S.; providing for program

13         enrollment and expenditure ceilings; creating

14         s. 409.814, F.S.; providing eligibility

15         requirements; creating s. 409.815, F.S.;

16         establishing requirements for health benefits

17         coverage under the Florida Kids Health program;

18         creating s. 409.816, F.S.; providing for

19         limitations on premiums and cost-sharing;

20         creating s. 409.817, F.S.; providing for

21         approval of health benefits coverage as a

22         condition of financial assistance; creating s.

23         409.8175, F.S.; authorizing health maintenance

24         organizations and health insurers to reimburse

25         providers in rural counties according to the

26         Medicaid Fee schedule; creating s. 409.818,

27         F.S.; providing for program administration;

28         specifying duties of the Department of Children

29         and Family Services, the Department of Health,

30         the Agency for Health Care Administration, the

31         Department of Insurance, and the Florida

                                  39
    12:26 PM   04/14/98                             h4415c1c-10j02




                                                  SENATE AMENDMENT

    Bill No. CS/HB 4415, 1st Eng.

    Amendment No.    





 1         Healthy Kids Corporation; authorizing certain

 2         program modifications related to federal

 3         approval; transferring, renumbering, and

 4         amending s. 154.508, F.S., relating to outreach

 5         activities to identify low-income, uninsured

 6         children; creating s. 409.820, F.S.; requiring

 7         that the Department of Health develop standards

 8         for quality assurance and program access;

 9         establishing performance measures and standards

10         for the Florida Kids Health program; directing

11         the Agency for Health Care Administration to

12         conduct a study of Medicaid presumptive

13         eligibility and report its findings to the

14         Legislature; repealing s. 624.92, F.S.;

15         deleting the requirement that the Agency for

16         Health Care Administration apply for a Medicaid

17         federal waiver relating to the Healthy Kids

18         Corporation; providing an appropriation;

19         providing for application of the act to certain

20         contracts between providers and the Florida

21         Healthy Kids Corporation; providing an

22         effective date.

23

24

25

26

27

28

29

30

31

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    12:26 PM   04/14/98                             h4415c1c-10j02