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.  The Agency for Health Care Administration,

18  working jointly with the Department of Health and the Florida

19  Association of Healthy Start Coalitions, is directed to seek a

20  federal waiver to secure matching funds under Title XIX of the

21  Social Security Act for the Healthy Start program. The federal

22  waiver application must seek Medicaid matching funds utilizing

23  appropriated general revenue and local contributions.

24         Section 2.  Section 391.011, Florida Statutes, is

25  amended to read:

26         391.011  Short title.--The provisions of this chapter

27  This act shall be known and may be cited as the "Children's

28  Medical Services Act."

29         Section 3.  Section 391.016, Florida Statutes, is

30  amended to read:

31         391.016  Legislative intent.--The Legislature intends

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  that the Children's Medical Services program:

 2         (1)  Provide to children with special health care needs

 3  a family-centered, comprehensive, and coordinated statewide

 4  managed system of care that links community-based health care

 5  with multidisciplinary, regional, and tertiary pediatric

 6  specialty care.  The program may provide for the coordination

 7  and maintenance of consistency of the medical home for

 8  children in families with a Children's Medical Services

 9  program participant, in order to achieve family-centered care

10  finds and declares that there is a need to provide medical

11  services for needy children, particularly those with chronic,

12  crippling or potentially crippling and physically handicapping

13  diseases or conditions, and to provide leadership and

14  direction in promoting, planning, and coordinating children's

15  medical care programs so that the full development of each

16  child's potential may be realized.

17         (2)  Provide essential preventive, evaluative, and

18  early intervention services for children at risk for or having

19  special health care needs, in order to prevent or reduce long

20  term disabilities.

21         (3)  Serve as a principal provider for children with

22  special health care needs under Titles XIX and XXI of the

23  Social Security Act.

24         (4)  Be complementary to children's health training

25  programs essential for the maintenance of a skilled pediatric

26  health care workforce for all Floridians.

27         Section 4.  Section 391.021, Florida Statutes, is

28  amended to read:

29         391.021  Definitions.--When used in this act, unless

30  the context clearly indicates otherwise:

31         (1)  "Children's Medical Services network" or "network"

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  means a statewide managed care service system that includes

 2  health care providers, as defined in this section.

 3         (2)  "Children with special health care needs" means

 4  those children under age 21 years whose serious or chronic

 5  physical or developmental conditions require extensive

 6  preventive and maintenance care beyond that required by

 7  typically healthy children.  Health care utilization by these

 8  children exceeds the statistically expected usage of the

 9  normal child adjusted for chronological age.  These children

10  often need complex care requiring multiple providers,

11  rehabilitation services, and specialized equipment in a number

12  of different settings.

13         (3)(1)  "Department" means the Department of Health.

14         (4)(2)  "Eligible individual" means a child with a

15  special health care need or a female of any age with a

16  high-risk pregnancy, or an individual below the age of 21

17  years who has an organic disease, defect, or condition which

18  may hinder the achievement of his or her normal growth and

19  development,  and who meets the financial and medical

20  eligibility standards established in s. 391.029. by the

21  department.  In addition, where specific legislative

22  appropriation exists, individuals with long-term chronic

23  diseases, such as cystic fibrosis, which originated during

24  childhood and who received services under this act before the

25  age of 21 years shall continue to be eligible beyond that age.

26         (5)  "Health care provider" means a health care

27  professional, health care facility, or entity licensed or

28  certified to provide health services in this state that meets

29  the criteria as established by the department.

30         (6)(3)  "Health Medical services" includes the

31  prevention, diagnosis, and treatment of human disease, pain,

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  injury, deformity, or disabling physical conditions.

 2         (7)  "Participant" means an eligible individual who is

 3  enrolled in the Children's Medical Services program.

 4         (8)  "Program" means the Children's Medical Services

 5  program established in the Division of Children's Medical

 6  Services of the department.

 7         Section 5.  Section 391.025, Florida Statutes, is

 8  created to read:

 9         391.025  Applicability and scope.--

10         (1)  This act applies to health services provided to

11  eligible individuals who are:

12         (a)  Enrolled in the Medicaid program;

13         (b)  Enrolled in the Florida Kidcare program; and

14         (c)  Uninsured or underinsured, provided that they meet

15  the financial eligibility requirements established in this

16  act, and to the extent that resources are appropriated for

17  their care.

18         (2)  The Children's Medical Services program consists

19  of the following components:

20         (a)  The infant metabolic screening program established

21  in s. 383.14.

22         (b)  The regional perinatal intensive care centers

23  program established in ss. 383.15-383.21.

24         (c)  A federal or state program authorized by the

25  Legislature.

26         (d)  The developmental evaluation and intervention

27  program.

28         (e)  The Children's Medical Services network.

29         (3)  The Children's Medical Services program shall not

30  be deemed an insurer and is not subject to the licensing

31  requirements of the Florida Insurance Code or the rules of the

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Department of Insurance, when providing services to children

 2  who receive Medicaid benefits, other Medicaid-eligible

 3  children with special health care needs, and children

 4  participating in the Florida Kidcare program.  This exemption

 5  shall not extend to contractors.

 6         Section 6.  Section 391.026, Florida Statutes, is

 7  amended to read:

 8         391.026  Powers and duties of the department.--To

 9  administer its programs of children's medical services, The

10  department shall have the following powers, duties, and

11  responsibilities:

12         (1)  To provide or contract for the provision of health

13  medical services to eligible individuals.

14         (2)  To determine the medical and financial eligibility

15  standards for the program and to determine the medical and

16  financial eligibility of individuals seeking health medical

17  services from the program.

18         (3)  To recommend priorities for the implementation of

19  comprehensive plans and budgets.

20         (4)  To coordinate a comprehensive delivery system for

21  eligible individuals to take maximum advantage of all

22  available federal funds.

23         (5)  To promote, establish, and coordinate programs

24  relating to children's medical services in cooperation with

25  other public and private agencies and to coordinate funding of

26  health care programs with federal, state, or local indigent

27  health care funding mechanisms.

28         (6)  To initiate, coordinate, and request review of

29  applications to federal and state agencies for funds,

30  services, or commodities relating to children's medical

31  programs.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (7)  To sponsor or promote grants for projects,

 2  programs, education, or research in the field of medical needs

 3  of children, with an emphasis on early diagnosis and

 4  treatment.

 5         (8)  To oversee and operate the Children's Medical

 6  Services network contract or be contracted with.

 7         (9)  To establish reimbursement mechanisms for the

 8  Children's Medical Services network standards of eligibility

 9  for patients of children's medical services programs.

10         (10)  To establish Children's Medical Services network

11  standards and credentialing requirements for health care

12  providers and health care services coordinate funding of

13  medical care programs with state or local indigent health care

14  funding mechanisms.

15         (11)  To serve as a provider and principal case manager

16  for children with special health care needs under Titles XIX

17  and XXI of the Social Security Act establish standards for

18  patient care and facilities.

19         (12)  To monitor the provision of health services in

20  the program, including the utilization and quality of health

21  services.

22         (13)  To administer the Children with Special Health

23  Care Needs program in accordance with Title V of the Social

24  Security Act.

25         (14)  To establish and operate a grievance resolution

26  process for participants and health care providers.

27         (15)  To maintain program integrity in the Children's

28  Medical Services program.

29         (16)  To receive and manage health care premiums,

30  capitation payments, and funds from federal, state, local, and

31  private entities for the program.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (17)  To appoint health care consultants for the

 2  purpose of providing peer review and making recommendations to

 3  enhance the delivery and quality of services in the Children's

 4  Medical Services program.

 5         (18)(12)  To make rules to carry out the provisions of

 6  this act.

 7         Section 7.  Section 391.028, Florida Statutes, is

 8  created, and section 391.051, Florida Statutes, is renumbered

 9  as subsection (1) of said section and amended, to read:

10         391.028  Administration.--The Children's Medical

11  Services program shall have a central office and area offices.

12         (1) 391.051  Qualifications of director.--The Director

13  of the Division of for Children's Medical Services must be a

14  physician licensed under chapter 458 or chapter 459 who has

15  specialized training and experience in the provision of health

16  medical care to children and who has recognized skills in

17  leadership and the promotion of children's health programs.

18  The division director for Children's Medical Services shall be

19  the deputy secretary and the Deputy State Health Officer for

20  Children's Medical Services and is appointed by and reports to

21  the secretary.

22         (2)  The division director shall designate Children's

23  Medical Services area offices to perform operational

24  activities, including, but not limited to:

25         (a)  Providing case management services for the

26  network.

27         (b)  Providing local oversight of the program.

28         (c)  Determining an individual's medical and financial

29  eligibility for the program.

30         (d)  Participating in the determination of a level of

31  care and medical complexity for long-term care services.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (e)  Authorizing services in the program and developing

 2  spending plans.

 3         (f)  Participating in the development of treatment

 4  plans.

 5         (g)  Taking part in the resolution of complaints and

 6  grievances from participants and health care providers.

 7         (3)  Each Children's Medical Services area office shall

 8  be directed by a physician licensed under chapter 458 or

 9  chapter 459 who has specialized training and experience in the

10  provision of health care to children.  The director of a

11  Children's Medical Services area office shall be appointed by

12  the division director from the active panel of Children's

13  Medical Services physician consultants.

14         Section 8.  Section 391.029, Florida Statutes, is

15  created, section 391.046, Florida Statutes, is renumbered as

16  subsection (3) of said section and amended, and section

17  391.07, Florida Statutes, is renumbered as subsection (4) of

18  said section and amended, to read:

19         391.029  Program eligibility.--

20         (1)  The department shall establish the medical

21  criteria to determine if an applicant for the Children's

22  Medical Services program is an eligible individual.

23         (2)  The following individuals are financially eligible

24  for the program:

25         (a)  A high-risk pregnant female who is eligible for

26  Medicaid.

27         (b)  A child with special health care needs from birth

28  to age 21 years who is eligible for Medicaid.

29         (c)  A child with special health care needs from birth

30  to age 19 years who is eligible for a program under Title XXI

31  of the Social Security Act.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (d)  A child with special health care needs from birth

 2  to age 21 years whose projected annual cost of care adjusts

 3  the family income to Medicaid financial criteria.  In cases

 4  where the family income is adjusted based on a projected

 5  annual cost of care, the family shall participate financially

 6  in the cost of care based on criteria established by the

 7  department.

 8         (e)  A child with special health care needs as defined

 9  in Title V of the Social Security Act relating to children

10  with special health care needs.

11

12  The department may continue to serve certain children with

13  special health care needs who are 21 years of age or older and

14  who were receiving services from the program prior to April 1,

15  1998.  Such children may be served by the department until

16  July 1, 2000.

17         (3) 391.046  Financial determination.--The department

18  shall determine the financial and medical eligibility of

19  children for the program. The department shall also determine

20  ability of individuals seeking medical services, or the

21  financial ability of the parents, or persons or other agencies

22  having legal custody over such individuals, to pay the costs

23  of health such medical services under the program. The

24  department may pay reasonable travel expenses related to the

25  determination of eligibility for or the provision of health

26  medical services.

27         (4) 391.07  Indigent and semi-indigent cases.--Any

28  child who has been provided with surgical or medical care or

29  treatment under this act prior to being adopted shall continue

30  to be eligible to be provided with such care or treatment

31  after his or her adoption, regardless of the financial ability

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  of the persons adopting the child.

 2         Section 9.  Section 391.031, Florida Statutes, is

 3  created to read:

 4         391.031  Benefits.--Benefits provided under the program

 5  shall be the same benefits provided to children as specified

 6  in ss. 409.905 and 409.906. The department may offer

 7  additional benefits for early intervention services, respite

 8  services, genetic testing, genetic and nutritional counseling,

 9  and parent support services, if such services are determined

10  to be medically necessary. No child or person determined

11  eligible for the program who is eligible under Title XIX or

12  Title XXI of the Social Security Act shall receive any service

13  other than an initial health care screening or treatment of an

14  emergency medical condition as defined in s. 395.002, until

15  such child or person is enrolled in Medicaid or a Title XXI

16  program.

17         Section 10.  Section 391.035, Florida Statutes, is

18  created, section 391.036, Florida Statutes, is renumbered as

19  subsection (2) of said section and amended, and section

20  391.041, Florida Statutes, is renumbered as subsection (3) of

21  said section and amended, to read:

22         391.035  Provider qualifications.--

23         (1)  The department shall establish the criteria to

24  designate health care providers to participate in the

25  Children's Medical Services network.  The department shall

26  follow, whenever available, national guidelines for selecting

27  health care providers to serve children with special health

28  care needs.

29         (2) 391.036  Medical services providers;

30  qualifications.--The department shall require that all health

31  care providers under contract with the program of medical

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  services under this act be duly licensed in the state, if such

 2  licensure is available, and meet such criteria as may be

 3  established by the department.

 4         (3) 391.041  Services to other state or local programs

 5  or institutions.--The department may initiate agreements with

 6  other state or local governmental programs or institutions for

 7  the coordination of health medical care to eligible

 8  individuals receiving services from such programs or

 9  institutions.

10         Section 11.  Section 391.045, Florida Statutes, is

11  created to read:

12         391.045  Reimbursement.--

13         (1)  The department shall reimburse health care

14  providers for services rendered through the Children's Medical

15  Services network using cost-effective methods, including, but

16  not limited to, capitation, discounted fee-for-service, unit

17  costs, and cost reimbursement.  Medicaid reimbursement rates

18  shall be utilized to the maximum extent possible, where

19  applicable.

20         (2)  Reimbursement to the Children's Medical Services

21  program for services provided to children with special health

22  care needs who participate in the Florida Kidcare program and

23  who are not Medicaid recipients shall be on a capitated basis.

24         Section 12.  Section 391.047, Florida Statutes, is

25  created to read:

26         391.047  Responsibility for payments on behalf of

27  Children's Medical Services program participants when other

28  parties are liable.--The Children's Medical Services program

29  shall comply with s. 402.24, concerning third-party

30  liabilities and recovery of third-party payments for health

31  services.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 13.  Section 391.055, Florida Statutes, is

 2  created to read:

 3         391.055  Service delivery systems.--

 4         (1)  The program shall apply managed care methods to

 5  ensure the efficient operation of the Children's Medical

 6  Services network.  Such methods include, but are not limited

 7  to, capitation payments, utilization management and review,

 8  prior authorization, and case management.

 9         (2)  The components of the network are:

10         (a)  Qualified primary care physicians who shall serve

11  as the gatekeepers and who shall be responsible for the

12  provision or authorization of health services to an eligible

13  individual who is enrolled in the Children's Medical Services

14  network.

15         (b)  Comprehensive specialty care arrangements that

16  meet the requirements of s. 391.035 to provide acute care,

17  specialty care, long-term care, and chronic disease management

18  for eligible individuals.

19         (c)  Case management services.

20         (3)  The Children's Medical Services network may

21  contract with school districts participating in the certified

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

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

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

25  in the Children's Medical Services network.

26         Section 14.  Section 391.065, Florida Statutes, is

27  created to read:

28         391.065  Health care provider agreements.--The

29  department is authorized to establish health care provider

30  agreements for participation in the Children's Medical

31  Services program.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 15.  Section 391.071, Florida Statutes, is

 2  created to read:

 3         391.071  Quality of care requirements.--The Children's

 4  Medical Services program shall develop quality of care and

 5  service integration standards and reporting requirements for

 6  health care providers that participate in the Children's

 7  Medical Services program.  The program shall ensure that these

 8  standards are not duplicative of other standards and

 9  requirements for health care providers.

10         Section 16.  Section 391.081, Florida Statutes, is

11  created to read:

12         391.081  Grievance reporting and resolution

13  requirements.--The department shall adopt and implement a

14  system to provide assistance to eligible individuals and

15  health care providers to resolve complaints and grievances.

16  To the greatest extent possible, the department shall use

17  existing grievance reporting and resolution processes.  The

18  department shall ensure that the system developed for the

19  Children's Medical Services program does not duplicate

20  existing grievance reporting and resolution processes.

21         Section 17.  Section 391.095, Florida Statutes, is

22  created to read:

23         391.095  Program integrity.--The department shall

24  operate a system to oversee the activities of Children's

25  Medical Services program participants, and health care

26  providers and their representatives, to prevent fraudulent and

27  abusive behavior, overutilization and duplicative utilization,

28  and neglect of participants and to recover overpayments as

29  appropriate.  For the purposes of this section, the terms

30  "abuse" and "fraud" have the meanings provided in s. 409.913.

31  The department shall refer incidents of suspected fraud and

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  abuse, and overutilization and duplicative utilization, to the

 2  appropriate regulatory agency.

 3         Section 18.  Section 391.061, Florida Statutes, is

 4  renumbered as section 391.097, Florida Statutes, and is

 5  amended to read:

 6         391.097 391.061  Research and evaluation.--

 7         (1)  The department may initiate, fund, and conduct

 8  research and evaluation projects to improve the delivery of

 9  children's medical services. The department may cooperate with

10  public and private agencies engaged in work of a similar

11  nature.

12         (2)  The Children's Medical Services network shall be

13  included in any evaluation conducted in accordance with the

14  provisions of Title XXI of the Social Security Act as enacted

15  by the Legislature.

16         Section 19.  Sections 391.201 through 391.217, Florida

17  Statutes, are renumbered as sections 400.901 through 400.917,

18  Florida Statutes, and designated as part IX of chapter 400,

19  Florida Statutes.

20         Section 20.  Section 391.206, Florida Statutes, is

21  renumbered as section 400.906, Florida Statutes, and

22  subsection (1) of said section is amended to read:

23         400.906 391.206  Initial application for license.--

24         (1)  Application for a license shall be made to the

25  agency on forms furnished by it and shall be accompanied by

26  the appropriate license fee unless the applicant is exempt

27  from payment of the fee as provided in s. 400.905 391.205.

28         Section 21.  Section 391.217, Florida Statutes, is

29  renumbered as section 400.917, Florida Statutes, and amended

30  to read:

31         400.917 391.217  Disposition of moneys from fines and

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  fees.--All moneys received from administrative fines pursuant

 2  to s. 400.908 391.208 and all moneys received from fees

 3  collected pursuant to s. 400.905 391.205 shall be deposited in

 4  the Health Care Trust Fund created in s. 408.16 455.2205.

 5         Section 22.  Sections 391.221, 391.222, and 391.223,

 6  Florida Statutes, as created by this act, are designated as

 7  part II of chapter 391, Florida Statutes, entitled "Children's

 8  Medical Services Councils and Panels."

 9         Section 23.  Section 391.221, Florida Statutes, is

10  created to read:

11         391.221  Statewide Children's Medical Services Network

12  Advisory Council.--

13         (1)  The secretary of the department may appoint a

14  Statewide Children's Medical Services Network Advisory Council

15  for the purpose of acting as an advisory body to the

16  department.  Specifically, the duties of the council shall

17  include, but not be limited to:

18         (a)  Recommending standards and credentialing

19  requirements for health care providers rendering health

20  services to Children's Medical Services network participants.

21         (b)  Making recommendations to the Director of the

22  Division of Children's Medical Services concerning the

23  selection of health care providers for the Children's Medical

24  Services network.

25         (c)  Reviewing and making recommendations concerning

26  network health care provider or participant disputes that are

27  brought to the attention of the advisory council.

28         (d)  Providing input to the Children's Medical Services

29  program on the policies governing the Children's Medical

30  Services network.

31         (e)  Reviewing the financial reports and financial

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  status of the network and making recommendations concerning

 2  the methods of payment and cost controls for the network.

 3         (f)  Reviewing and recommending the scope of benefits

 4  for the network.

 5         (g)  Reviewing network performance measures and

 6  outcomes and making recommendations for improvements to the

 7  network and its maintenance and collection of data and

 8  information.

 9         (2)  The council shall be composed of 12 members

10  representing the private health care provider sector, families

11  with children who have special health care needs, the Agency

12  for Health Care Administration, the Department of Insurance,

13  the Florida Chapter of the American Academy of Pediatrics, an

14  academic health center pediatric program, and the health

15  insurance industry.  Members shall be appointed for 4-year,

16  staggered terms.  In no case shall an employee of the

17  Department of Health serve as a member or as an ex officio

18  member of the advisory council.  A vacancy shall be filled for

19  the remainder of the unexpired term in the same manner as the

20  original appointment.  A member may not be appointed to more

21  than two consecutive terms.  However, a member may be

22  reappointed after being off the council for at least 2 years.

23         (3)  Members shall receive no compensation, but shall

24  be reimbursed for per diem and travel expenses in accordance

25  with the provisions of s. 112.061.

26         Section 24.  Section 391.091, Florida Statutes, is

27  renumbered as section 391.222, Florida Statutes, and amended

28  to read:

29         391.222 391.091  Cardiac Advisory Council.--

30         (1)(a)  The secretary of the department may appoint a

31  Cardiac Advisory Council for the purpose of acting as the

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  advisory body to the Division of Children's Medical Services

 2  Program Office in the delivery of cardiac services to

 3  children. Specifically, the duties of the council shall

 4  include, but not be limited to:

 5         (a)1.  Recommending standards for personnel and

 6  facilities rendering cardiac services for the Division of

 7  Children's Medical Services;

 8         (b)2.  Receiving reports of the periodic review of

 9  cardiac personnel and facilities to determine if established

10  standards for the Division of Children's Medical Services

11  cardiac services are met;

12         (c)3.  Making recommendations to the division

13  Children's Medical Services staff director as to the approval

14  or disapproval of reviewed personnel and facilities;

15         (d)4.  Making recommendations as to the intervals for

16  reinspection of approved personnel and facilities; and

17         (e)5.  Providing input to the Division of Children's

18  Medical Services on all aspects of Children's Medical Services

19  cardiac programs, including the rulemaking process.

20         (2)  The council shall be composed of eight members

21  with technical expertise in cardiac medicine.  Members shall

22  be appointed for 4-year, staggered terms. In no case shall an

23  employee of the Department of Health serve as a member or as

24  an ex officio member of the advisory council. A vacancy shall

25  be filled for the remainder of the unexpired term in the same

26  manner as the original appointment.  A member may not be

27  appointed to more than two consecutive terms.  However, a

28  member may be reappointed after being off the council for at

29  least 2 years.

30         (3)(b)  Members shall receive no compensation, but

31  shall be reimbursed for per diem and travel expenses in

                                  17
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  accordance with the provisions of s. 112.061.

 2         (2)  The Cardiac Advisory Council shall meet at the

 3  call of the chair, at the request of a majority of its

 4  membership, or at the call of the staff director of the

 5  Children's Medical Services Program Office, but no more

 6  frequently than quarterly.  Minutes shall be recorded for all

 7  meetings of such council and shall be kept on file in the

 8  Children's Medical Services Program Office.

 9         (3)  No later than December 1 of each year preceding a

10  legislative session in which a biennial budget will be

11  adopted, the department shall present a summary report to the

12  President of the Senate and the Speaker of the House of

13  Representatives documenting compliance with this act and the

14  accomplishments and expenditures of the Cardiac Advisory

15  Council.

16         Section 25.  Section 391.223, Florida Statutes, is

17  created to read:

18         391.223  Technical advisory panels.--The secretary of

19  the department may establish technical advisory panels to

20  assist the Division of Children's Medical Services in

21  developing specific policies and procedures for the Children's

22  Medical Services program.

23         Section 26.  Section 391.301, Florida Statutes, is

24  amended to read:

25         391.301  Developmental evaluation and intervention

26  programs; legislative findings and intent.--

27         (1)  The Legislature finds that the high-risk and

28  disabled newborn infants in this state need in-hospital and

29  outpatient developmental evaluation and intervention and that

30  their families need training and support services. The

31  Legislature further finds that there is an identifiable and

                                  18
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  increasing number of infants who need developmental evaluation

 2  and intervention and family support due to the fact that

 3  increased numbers of low-birthweight and sick full-term

 4  newborn infants are now surviving because of due to the

 5  advances in neonatal intensive care medicine; increased

 6  numbers of medically involved infants are remaining

 7  inappropriately in hospitals because their parents lack the

 8  confidence or skills to care for these infants without

 9  support; and increased numbers of infants are at risk due to

10  parent risk factors, such as substance abuse, teenage

11  pregnancy, and other high-risk conditions.

12         (2)  It is the intent of the Legislature to establish

13  developmental evaluation and intervention services programs at

14  all hospitals providing Level II or Level III neonatal

15  intensive care services, in order that families with high-risk

16  or disabled infants may gain the services and skills they need

17  to support their infants.

18         (3)  It is the intent of the Legislature to provide a

19  statewide coordinated program to screen, diagnose, and manage

20  high-risk infants identified as hearing-impaired. The program

21  shall develop criteria to identify infants who are at risk of

22  having hearing impairments, and shall ensure that all parents

23  or guardians of newborn infants are provided with materials

24  regarding hearing impairments prior to discharge of the

25  newborn infants from the hospital.

26         (4)  It is the intent of the Legislature that a

27  methodology be developed to integrate information on infants

28  with potentially disabling conditions with other early

29  intervention programs, including Part C of Pub. L. No. 105-17

30  and the reporting system to be established under the Healthy

31  Start program.

                                  19
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 27.  Section 391.303, Florida Statutes, is

 2  amended to read:

 3         391.303  Program requirements.--

 4         (1)  A Developmental evaluation and intervention

 5  services program shall be established at each hospital that

 6  provides Level II or Level III neonatal intensive care

 7  services. Program services shall be made available to an

 8  infant or toddler identified as being at risk for

 9  developmental disabilities, or identified as medically

10  involved, who, along with his or her family, would benefit

11  from program services. Program services shall be made

12  available to infants or toddlers in a Level II or Level III

13  neonatal intensive care unit or in a pediatric intensive care

14  unit, infants who are identified as being at high risk for

15  hearing impairment or who are hearing-impaired, or infants who

16  have a metabolic or genetic disorder. The developmental

17  evaluation and intervention programs are subject to the

18  availability of moneys and the limitations established by the

19  General Appropriations Act or chapter 216. Hearing screening,

20  evaluation and referral services, and initial developmental

21  assessments services shall be provided to each infant or

22  toddler. Other program services may be provided to an infant

23  or toddler, and the family of the infant or toddler, who do

24  not meet the financial eligibility criteria for the Children's

25  Medical Services program based on the availability of funding,

26  including insurance and fees.

27         (2)  Each developmental evaluation and intervention

28  program shall have a program director, a medical director, and

29  necessary staff to carry out the program. The program director

30  shall establish and coordinate the developmental evaluation

31  and intervention program. The program shall include, but is

                                  20
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  not limited to:

 2         (a)  In-hospital evaluation and intervention services,

 3  parent support and training, and family support planning and

 4  case management.

 5         (b)  Screening and evaluation services to identify each

 6  infant at risk of hearing impairment, and a medical and

 7  educational followup and care management program for an infant

 8  who is identified as hearing-impaired, with management

 9  beginning as soon after birth as practicable. The medical

10  management program must include the genetic evaluation of an

11  infant suspected to have genetically determined deafness and

12  an evaluation of the relative risk.

13         (c)  Regularly held multidisciplinary team meetings to

14  develop and update the family support plan. In addition to the

15  family, a multidisciplinary team may include a physician,

16  physician assistant, psychologist, psychotherapist, educator,

17  social worker, nurse, physical or occupational therapist,

18  speech pathologist, developmental evaluation and intervention

19  program director, case manager, and others who are involved

20  with the in-hospital and posthospital discharge care plan, and

21  anyone the family wishes to include as a member of the team.

22  The family support plan is a written plan that describes the

23  infant or toddler, and the therapies and services the infant

24  or toddler and his or her family need, and the intended

25  outcomes of the services.

26         (d)  Discharge planning by the multidisciplinary team,

27  including referral and followup to primary medical care and

28  modification of the family support plan.

29         (e)  Education and training for neonatal and pediatric

30  intensive care services staff, volunteers, and others, as

31  needed, in order to expand the services provided to high-risk,

                                  21
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  developmentally disabled, medically involved, or

 2  hearing-impaired infants and toddlers and their families.

 3         (f)  Followup intervention services after hospital

 4  discharge, to aid the family and the high-risk,

 5  developmentally disabled, medically involved, or

 6  hearing-impaired infant's or toddler's transition into the

 7  community. These services shall include, but are not limited

 8  to, home intervention services and other intervention

 9  services, both contractual and voluntary. Support services

10  shall be coordinated at the request of the family and within

11  the context of the family support plan.

12         (g)  Referral to and coordination of services with

13  community providers.

14         (h)  Educational materials about infant care, infant

15  growth and development, community resources, medical

16  conditions and treatments, and family advocacy. Materials

17  regarding hearing impairments shall be provided to each parent

18  or guardian of a hearing-impaired infant or toddler.

19         (i)  Involvement of the parents and guardians of each

20  identified high-risk, developmentally disabled, medically

21  involved, or hearing-impaired infant or toddler.

22         Section 28.  Paragraph (a) of subsection (1) of section

23  391.304, Florida Statutes, is amended to read:

24         391.304  Program coordination.--

25         (1)  The Department of Health shall:

26         (a)  Coordinate with the Department of Education, the

27  Offices of Prevention, Early Assistance, and Child

28  Development, the Florida Interagency Coordinating Council for

29  Infants and Toddlers, and the State Coordinating Council for

30  Early Childhood Services in planning and administering ss.

31  391.301-391.307. This coordination shall be in accordance with

                                  22
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  s. 411.222.

 2         Section 29.  Subsection (1) of section 391.305, Florida

 3  Statutes, is amended to read:

 4         391.305  Program standards; rules.--The Department of

 5  Health shall adopt rules for the administration of the

 6  developmental evaluation and intervention program. The rules

 7  shall specify standards for the development and operation of

 8  the program, including, but not limited to:

 9         (1)  Standards governing the eligibility need for

10  program services and the requirements of the population to be

11  served.

12         Section 30.  Subsection (1) of section 391.307, Florida

13  Statutes, is amended to read:

14         391.307  Program review.--

15         (1)  At least annually during the contract period, the

16  Department of Health shall evaluate each developmental

17  evaluation and intervention program. The department shall

18  develop criteria to evaluate child and family outcomes patient

19  outcome, program participation, service coordination case

20  management, and program effectiveness.

21         Section 31.  Subsection (13) of section 408.701,

22  Florida Statutes, is amended to read:

23         408.701  Community health purchasing; definitions.--As

24  used in ss. 408.70-408.706, the term:

25         (13)  "Health care provider" or "provider" means a

26  state-licensed or state-authorized facility, a facility

27  principally supported by a local government or by funds from a

28  charitable organization that holds a current exemption from

29  federal income tax under s. 501(c)(3) of the Internal Revenue

30  Code, a licensed practitioner, a county health department

31  established under part I of chapter 154, a patient care center

                                  23
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  described in s. 391.031, a prescribed pediatric extended care

 2  center defined in s. 400.902 391.202, a federally supported

 3  primary care program such as a migrant health center or a

 4  community health center authorized under s. 329 or s. 330 of

 5  the United States Public Health Services Act that delivers

 6  health care services to individuals, or a community facility

 7  that receives funds from the state under the Community

 8  Alcohol, Drug Abuse, and Mental Health Services Act and

 9  provides mental health services to individuals.

10         Section 32.  Section 409.810, Florida Statutes, is

11  created to read:

12         409.810  Short title.--Sections 409.810-409.820 may be

13  cited as the "Florida Kidcare Act."

14         Section 33.  Section 409.811, Florida Statutes, is

15  created to read:

16         409.811  Definitions.--As used in ss. 409.810-409.820,

17  the term:

18         (1)  "Actuarially equivalent" means that:

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

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

21  in the benchmark benefit plan; and

22         (b)  The benefits included in health benefits coverage

23  are substantially similar to the benefits included in the

24  benchmark benefit plan, except that preventive health services

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

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

27  Administration.

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

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

30  chapter 743, who applies for determination of eligibility for

31  health benefits coverage under ss. 409.810-409.820.

                                  24
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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  of health benefits coverage established in s. 409.815.

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

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

 5  child whose serious or chronic physical or developmental

 6  condition requires extensive preventive and maintenance care

 7  beyond that required by typically healthy children. Health

 8  care utilization by such a child exceeds the statistically

 9  expected usage of the normal child adjusted for chronological

10  age, and such a child often needs complex care requiring

11  multiple providers, rehabilitation services, and specialized

12  equipment in a number of different settings.

13         (7)  "Children's Medical Services network" or "network"

14  means a statewide managed care service system as defined in s.

15  391.021(1).

16         (8)  "Community rate" means a method used to develop

17  premiums for a health insurance plan that spreads financial

18  risk across a large population and allows adjustments only for

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

20         (9)  "Department" means the Department of Health.

21         (10)  "Enrollee" means a child who has been determined

22  eligible for and is receiving coverage under ss.

23  409.810-409.820.

24         (11)  "Enrollment ceiling" means the maximum number of

25  children receiving premium assistance payments, excluding

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

27  time in the Florida Kidcare program. The maximum number shall

28  be established annually in the General Appropriations Act or

29  by general law.

30         (12)  "Family" means the group or the individuals whose

31  income is considered in determining eligibility for the

                                  25
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Florida Kidcare program. The family includes a child with a

 2  custodial parent or caretaker relative who resides in the same

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

 4  disability of nonage has been removed under chapter 743, the

 5  child. The family may also include other individuals whose

 6  income and resources are considered in whole or in part in

 7  determining eligibility of the child.

 8         (13)  "Family income" means cash received at periodic

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

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

11  money that would have been counted as income under the Aid to

12  Families with Dependent Children (AFDC) state plan in effect

13  prior to August 22, 1996.

14         (14)  "Guarantee issue" means that health benefits

15  coverage must be offered to an individual regardless of the

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

17  history.

18         (15)  "Health benefits coverage" means protection that

19  provides payment of benefits for covered health care services

20  or that otherwise provides, either directly or through

21  arrangements with other persons, covered health care services

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

23  fixed-sum basis.

24         (16)  "Health insurance plan" means health benefits

25  coverage under the following:

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

27  maintenance organization or authorized health insurer, except

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

29  specified disease, or specified accident; hospital indemnity;

30  accident only; limited benefit convalescent care; Medicare

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

                                  26
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  disability income; coverage issued as a supplement to another

 2  health plan; workers' compensation liability or other

 3  insurance; or motor vehicle medical payment only; or

 4         (b)  An employee welfare benefit plan that includes

 5  health benefits established under the Employee Retirement

 6  Income Security Act of 1974, as amended.

 7         (17)  "Medicaid" means the medical assistance program

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

 9  regulations thereunder, and ss. 409.901-409.920, as

10  administered in this state by the agency.

11         (18)  "Medically necessary" means the use of any

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

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

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

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

16  or results in illness or infirmity and which is:

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

18  treatment of the enrollee's condition;

19         (b)  Provided in accordance with generally accepted

20  standards of medical practice;

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

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

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

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

25  and

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

27  care specialty involved as effective, appropriate, and

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

29  condition.

30         (19)  "Medikids" means a component of the Florida

31  Kidcare program of medical assistance authorized by Title XXI

                                  27
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  of the Social Security Act, and regulations thereunder, and s.

 2  409.8132, as administered in the state by the agency.

 3         (20)  "Preexisting condition exclusion" means, with

 4  respect to coverage, a limitation or exclusion of benefits

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

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

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

 8  treatment was recommended or received before such date.

 9         (21)  "Premium" means the entire cost of a health

10  insurance plan, including the administration fee or the risk

11  assumption charge.

12         (22)  "Premium assistance payment" means the monthly

13  consideration paid by the agency per enrollee in the Florida

14  Kidcare program towards health insurance premiums.

15         (23)  "Program" means the Florida Kidcare program, the

16  medical assistance program authorized by Title XXI of the

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

18  of 1997.

19         (24)  "Qualified alien" means an alien as defined in s.

20  431 of the Personal Responsibility and Work Opportunity

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

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

23  qualified alien, who is domiciled in this state.

24         (26)  "Rural county" means a county having a population

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

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

27  which there is no prepaid health plan participating in the

28  Medicaid program as of July 1, 1998.

29         (27)  "Substantially similar" means that, with respect

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

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

                                  28
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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  value of the coverage for that service in the benchmark

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

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

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

 6  benchmark benefit plan.

 7         Section 34.  Section 409.812, Florida Statutes, is

 8  created to read:

 9         409.812  Program created; purpose.--The Florida Kidcare

10  program is created to provide a defined set of health benefits

11  to previously uninsured, low-income children through the

12  establishment of a variety of affordable health benefits

13  coverage options from which families may select coverage and

14  through which families may contribute financially to the

15  health care of their children.

16         Section 35.  Section 409.813, Florida Statutes, is

17  created to read:

18         409.813  Program components; entitlement and

19  nonentitlement.--The Florida Kidcare program includes health

20  benefits coverage provided to children through:

21         (1)  Medicaid;

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

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

24  s. 624.91;

25         (4)  Employer-sponsored group health insurance plans

26  approved under ss. 409.810-409.820; and

27         (5)  The Children's Medical Services network

28  established in chapter 391.

29

30  Except for coverage under the Medicaid program, coverage under

31  the Florida Kidcare program is not an entitlement.  No cause

                                  29
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  of action shall arise against the state, the department, the

 2  Department of Children and Family Services, or the agency for

 3  failure to make health services available to any person under

 4  ss. 409.810-409.820.

 5         Section 36.  Section 409.8132, Florida Statutes, is

 6  created to read:

 7         409.8132  Medikids program component.--

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

 9  program component is created in the Agency for Health Care

10  Administration to provide health care services under the

11  Florida Kidcare program to eligible children using the

12  administrative structure and provider network of the Medicaid

13  program.

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

15  appoint an administrator of the Medikids program component,

16  which shall be located in the Division of State Health

17  Purchasing. The Agency for Health Care Administration is

18  designated as the state agency authorized to make payments for

19  medical assistance and related services for the Medikids

20  program component of the Florida Kidcare program. Payments

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

22  General Appropriations Act, only for covered services provided

23  to eligible children by qualified health care providers under

24  the Florida Kidcare program.

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

26  program component shall not be subject to the licensing

27  requirements of the Florida Insurance Code or rules of the

28  Department of Insurance.

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

30  provisions of ss. 409.902, 409.905, 409.906, 409.907, 409.908,

31  409.910, 409.912, 409.9121, 409.9122, 409.9123, 409.9124,

                                  30
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  409.9127, 409.9128, 409.913, 409.916, 409.919, 409.920, and

 2  409.9205 apply to the administration of the Medikids program

 3  component of the Florida Kidcare program, except that s.

 4  409.9122 applies to Medikids as modified by the provisions of

 5  subsection (7).

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

 7  program component shall be the same benefits provided to

 8  children as specified in ss. 409.905 and 409.906.

 9         (6)  ELIGIBILITY.--

10         (a)  A child who is under the age of 5 years is

11  eligible to enroll in the Medikids program component of the

12  Florida Kidcare program, if the child is a member of a family

13  that has a family income which exceeds the Medicaid applicable

14  income level as specified in s. 409.903, but which is equal to

15  or below 200 percent of the current federal poverty level.  In

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

17  not required. A child who is eligible for Medikids may elect

18  to enroll in Florida Healthy Kids coverage or

19  employer-sponsored group coverage.  However, a child who is

20  eligible for Medikids may participate in the Florida Healthy

21  Kids program only if the child has a sibling participating in

22  the Florida Healthy Kids program and the child's county of

23  residence permits such enrollment.

24         (b)  The provisions of s. 409.814(3), (4), and (5)

25  shall be applicable to the Medikids program.

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 90 days, and subsequent open enrollment

                                  31
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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. An applicant may apply for enrollment in

 5  the Medikids program component and proceed through the

 6  eligibility determination process at any time throughout the

 7  year. However, enrollment in Medikids shall not begin until

 8  the next open enrollment period; and a child may not receive

 9  services under the Medikids program until the child is

10  enrolled in a managed care plan or MediPass. In addition, once

11  determined eligible, an applicant may receive choice

12  counseling and select a managed care plan or MediPass. An

13  applicant may select MediPass under the Medikids program

14  component only in counties that have fewer than two managed

15  care plans available to serve Medicaid recipients and only if

16  the federal Health Care Financing Administration determines

17  that MediPass constitutes "health insurance coverage" as

18  defined in Title XXI of the Social Security Act.

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

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

21  any newborn child who is eligible for Medikids, or for any

22  child who is enrolled in Medicaid if such child loses Medicaid

23  eligibility and becomes eligible for Medikids, or for any

24  child who is enrolled in Medikids if such child moves to

25  another county that is not within the coverage area of the

26  child's Medikids managed care plan or MediPass provider.

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

28  shall establish enrollment criteria that must include

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

30  reinstatement of coverage upon voluntary cancellation for

31  nonpayment of premiums.

                                  32
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 37.  Section 409.8134, Florida Statutes, is

 2  created to read:

 3         409.8134  Program enrollment and expenditure

 4  ceilings.--

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

 6  be placed on annual federal and state expenditures and on

 7  enrollment in the Florida Kidcare program as provided each

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

 9  consultation with the Department of Health, may propose to

10  increase the enrollment ceiling in accordance with chapter

11  216.

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

13  Social Services Estimating Conference determines that there is

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

15  insufficient funds to finance the current or projected

16  enrollment in the Florida Kidcare program, all additional

17  enrollment must cease and additional enrollment may not resume

18  until sufficient funds are available to finance such

19  enrollment.

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

21  needed to project Florida Kidcare program enrollment,

22  including participation rates, caseloads, and expenditures.

23  The agency shall report the caseload and expenditure trends to

24  the Social Services Estimating Conference in accordance with

25  chapter 216.

26         Section 38.  Section 409.8135, Florida Statutes, is

27  created to read:

28         409.8135  Behavioral health services.--In order to

29  ensure a high level of integration of physical and behavioral

30  health care and to meet the more intensive treatment needs of

31  enrollees with the most serious emotional disturbances or

                                  33
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  substance abuse problems, the Department of Health shall

 2  contract with the Department of Children and Family Services

 3  to provide behavioral health services to non-Medicaid-eligible

 4  children with special health care needs. The Department of

 5  Children and Family Services, in consultation with the

 6  Department of Health and the agency, is authorized to

 7  establish the following:

 8         (1)  The scope of behavioral health services, including

 9  duration and frequency.

10         (2)  Clinical guidelines for referral to behavioral

11  health services.

12         (3)  Behavioral health services standards.

13         (4)  Performance-based measures and outcomes for

14  behavioral health services.

15         (5)  Practice guidelines for behavioral health services

16  to ensure cost-effective treatment and to prevent unnecessary

17  expenditures.

18         (6)  Rules to implement this section.

19         Section 39.  Section 409.814, Florida Statutes, is

20  created to read:

21         409.814  Eligibility.--A child whose family income is

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

23  eligible for the Florida Kidcare program as provided in this

24  section. In determining the eligibility of such a child, an

25  assets test is not required.

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

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

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

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

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

31  is eligible for the Florida Kidcare program, may obtain

                                  34
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  coverage under any of the other types of health benefits

 2  coverage authorized in ss. 409.810-409.820 if such coverage is

 3  approved and available in the county in which the child

 4  resides.  However, a child who is eligible for Medikids may

 5  participate in the Florida Healthy Kids program only if the

 6  child has a sibling participating in the Florida Healthy Kids

 7  program and the child's county of residence permits such

 8  enrollment.

 9         (3)  A child who is eligible for the Florida Kidcare

10  program who is a child with special health care needs, as

11  determined through a risk-screening instrument, is eligible

12  for health benefits coverage from and may be referred to the

13  Children's Medical Services network.

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

15  premium assistance for health benefits coverage under ss.

16  409.810-409.820, except under Medicaid if the child would have

17  been eligible for Medicaid under s. 409.903 or s. 409.904 as

18  of June 1, 1997:

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

20  health benefit plan on the basis of a family member's

21  employment with a public agency in the state;

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

23  benefit plan or under other health insurance coverage,

24  excluding coverage provided under the Florida Healthy Kids

25  Corporation as established under s. 624.91;

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

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

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

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

30  determination of eligibility under the Florida Kidcare

31  program;

                                  35
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





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

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

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

 4  or a patient in an institution for mental diseases.

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

 6  of the federal poverty level or a child who is excluded under

 7  the provisions of subsection (4) may participate in the

 8  Florida Kidcare program, excluding the Medicaid program, but

 9  is subject to the following provisions:

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

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

12  any administrative costs.

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

14  enrollment in Medikids by these children in order to avoid

15  adverse selection.  The number of children participating in

16  Medikids whose family income exceeds 200 percent of the

17  federal poverty level must not exceed 10 percent of total

18  enrollees in the Medikids program.

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

20  Corporation is authorized to place limits on enrollment of

21  these children in order to avoid adverse selection. In

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

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

24  such families. The number of children participating in the

25  Florida Healthy Kids program whose family income exceeds 200

26  percent of the federal poverty level must not exceed 10

27  percent of total enrollees in the Florida Healthy Kids

28  program.

29         (d)  Children described in this subsection are not

30  counted in the annual enrollment ceiling for the Florida

31  Kidcare program.

                                  36
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  Florida Kidcare program, the child is eligible for coverage

 3  under the program for 6 months without a redetermination or

 4  reverification of eligibility, if the family continues to pay

 5  the applicable premium. Effective January 1, 1999, a child who

 6  has not attained the age of 5 and who has been determined

 7  eligible for the Medicaid program is eligible for coverage for

 8  12 months without a redetermination or reverification of

 9  eligibility.

10         Section 40.  Section 409.815, Florida Statutes, is

11  created to read:

12         409.815  Health benefits coverage; limitations.--

13         (1)  MEDICAID BENEFITS.--For purposes of the Florida

14  Kidcare program, benefits available under Medicaid and

15  Medikids include those goods and services provided under the

16  medical assistance program authorized by Title XIX of the

17  Social Security Act, and regulations thereunder, as

18  administered in this state by the agency. This includes those

19  mandatory Medicaid services authorized under s. 409.905 and

20  optional Medicaid services authorized under s. 409.906,

21  rendered on behalf of eligible individuals by qualified

22  providers, in accordance with federal requirements for Title

23  XIX, subject to any limitations or directions provided for in

24  the General Appropriations Act or chapter 216, and according

25  to methodologies and limitations set forth in agency rules and

26  policy manuals and handbooks incorporated by reference

27  thereto.

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

29  coverage to qualify for premium assistance payments for an

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

31  coverage, except for coverage under Medicaid and Medikids,

                                  37
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  must include the following minimum benefits, as medically

 2  necessary.

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

 4  include:

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

 6  the Guidelines for Health Supervision of Children and Youth as

 7  developed by the American Academy of Pediatrics;

 8         2.  Immunizations and injections;

 9         3.  Health education counseling and clinical services;

10         4.  Vision screening; and

11         5.  Hearing screening.

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

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

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

15  I of chapter 395, with the following exceptions:

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

17  health benefits coverage provider.

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

19  based on the medical condition of the enrollee in relation to

20  the necessary and appropriate level of care.

21         3.  Room and board may be limited to semiprivate

22  accommodations, unless a private room is considered medically

23  necessary or semiprivate accommodations are not available.

24         4.  Admissions for rehabilitation and physical therapy

25  are limited to 15 days per contract year.

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

27  visits to an emergency room or other licensed facility if

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

29  risk of permanent damage to the enrollee's health. Health

30  maintenance organizations shall comply with the provisions of

31  s. 641.513.

                                  38
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  maternity and newborn care, including prenatal and postnatal

 3  care, with the following limitations:

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

 5  deliveries; and

 6         2.  Initial inpatient care for newborn infants of

 7  enrolled adolescents shall be covered, including normal

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

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

10  3 days following birth.

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

12  include pretransplant, transplant, and postdischarge services

13  and treatment of complications after transplantation for

14  transplants deemed necessary and appropriate within the

15  guidelines set by the Organ Transplant Advisory Council under

16  s. 381.0602 or the Bone Marrow Transplant Advisory Panel under

17  s. 627.4236.

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

19  preventive, diagnostic, therapeutic, palliative care, and

20  other services provided to an enrollee in the outpatient

21  portion of a health facility licensed under chapter 395,

22  except for the following limitations:

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

24  health benefits coverage provider; and

25         2.  Treatment for temporomandibular joint disease (TMJ)

26  is specifically excluded.

27         (g)  Behavioral health services.--

28         1.  Mental health benefits include:

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

30  inpatient days per contract year for psychiatric admissions,

31  or residential services in facilities licensed under s.

                                  39
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  394.875(8) or s. 395.003 in lieu of inpatient psychiatric

 2  admissions; however, a minimum of 10 of the 30 days shall be

 3  available only for inpatient psychiatric services when

 4  authorized by a physician; and

 5         b.  Outpatient services, including outpatient visits

 6  for psychological or psychiatric evaluation, diagnosis, and

 7  treatment by a licensed mental health professional, limited to

 8  a maximum of 40 outpatient visits each contract year.

 9         2.  Substance abuse services include:

10         a.  Inpatient services, limited to not more than 7

11  inpatient days per contract year for medical detoxification

12  only and 30 days of residential services; and

13         b.  Outpatient services, including evaluation,

14  diagnosis, and treatment by a licensed practitioner, limited

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

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

17  include equipment and devices that are medically indicated to

18  assist in the treatment of a medical condition and

19  specifically prescribed as medically necessary, with the

20  following limitations:

21         1.  Low-vision and telescopic aides are not included.

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

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

24  the enrollee changes.

25         3.  Hearing aids shall be covered only when medically

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

27         4.  Covered prosthetic devices include artificial eyes

28  and limbs, braces, and other artificial aids.

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

30  include services and procedures rendered to an enrollee when

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

                                  40
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  conditions, including care rendered by health practitioners

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

 3  exceptions:

 4         1.  Chiropractic services shall be provided in the same

 5  manner as in the Florida Medicaid program.

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

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

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

 9  prescribed home visits by both registered and licensed

10  practical nurses to provide skilled nursing services on a

11  part-time intermittent basis, subject to the following

12  limitations:

13         1.  Coverage may be limited to include skilled nursing

14  services only;

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

16  be excluded; and

17         3.  Private duty nursing is limited to circumstances

18  where such care is medically necessary.

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

20  reasonable and necessary services for palliation or management

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

22  exceptions:

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

24  enrollee, other services that treat the terminal condition

25  will not be covered; and

26         2.  Services required for conditions totally unrelated

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

28  services are included in this section.

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

30  include diagnostic testing, including clinical radiologic,

31  laboratory, and other diagnostic tests.

                                  41
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  include regular nursing services, rehabilitation services,

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

 4  appliances and equipment furnished by the facility, with the

 5  following limitations:

 6         1.  All admissions must be authorized by the health

 7  benefits coverage provider.

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

 9  based on the medical condition of the enrollee in relation to

10  the necessary and appropriate level of care, but is limited to

11  not more than 100 days per contract year.

12         3.  Room and board may be limited to semiprivate

13  accommodations, unless a private room is considered medically

14  necessary or semiprivate accommodations are not available.

15         4.  Specialized treatment centers and independent

16  kidney disease treatment centers are excluded.

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

18  are excluded.

19         6.  Admissions for rehabilitation and physical therapy

20  are limited to 15 days per contract year.

21         (n)  Prescribed drugs.--

22         1.  Coverage shall include drugs prescribed for the

23  treatment of illness or injury when prescribed by a licensed

24  health practitioner acting within the scope of his or her

25  practice.

26         2.  Prescribed drugs may be limited to generics if

27  available and brand name products if a generic substitution is

28  not available, unless the prescribing licensed health

29  practitioner indicates that a brand name is medically

30  necessary.

31         3.  Prescribed drugs covered under this section shall

                                  42
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  include all prescribed drugs covered under the Florida

 2  Medicaid program.

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

 4  rehabilitative services, including occupational, physical,

 5  respiratory, and speech therapies, with the following

 6  limitations:

 7         1.  Services must be for short-term rehabilitation

 8  where significant improvement in the enrollee's condition will

 9  result; and

10         2.  Services shall be limited to not more than 24

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

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

13  treatment.

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

15  emergency transportation required in response to an emergency

16  situation.

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

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

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

20  covered child.

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

22  with s. 409.816.

23         (s)  Exclusions.--

24         1.  Experimental or investigational procedures that

25  have not been clinically proven by reliable evidence are

26  excluded;

27         2.  Services performed for cosmetic purposes only or

28  for the convenience of the enrollee are excluded; and

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

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

31  act of rape or incest.

                                  43
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (t)  Enhancements to minimum requirements.--

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

 3  included in any health benefits coverage, other than Medicaid

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

 5  Health benefits coverage may include additional benefits not

 6  included under this subsection, but may not include benefits

 7  excluded under paragraph (s).

 8         2.  Health benefits coverage may extend any limitations

 9  beyond the minimum benefits described in this section.

10

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

12  may not increase the premium assistance payment for either

13  additional benefits provided beyond the minimum benefits

14  described in this section or the imposition of less

15  restrictive service limitations.

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

17  insurers, health maintenance organizations, and their agents

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

19  except for any such provisions waived in this section.

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

21  requiring coverage for a specific health care service or

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

23  consideration of a specific category of licensed health care

24  practitioner, does not apply to a health insurance plan policy

25  or contract offered or delivered under ss. 409.810-409.820

26  unless that law is made expressly applicable to such policies

27  or contracts.

28         2.  Notwithstanding chapter 641, a health maintenance

29  organization may issue contracts providing benefits equal to,

30  exceeding, or actuarially equivalent to the benchmark benefit

31  plan authorized by this section and may pay providers located

                                  44
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  in a rural county negotiated fees or Medicaid reimbursement

 2  rates for services provided to enrollees who are residents of

 3  the rural county.

 4         Section 41.  Section 409.816, Florida Statutes, is

 5  created to read:

 6         409.816  Limitations on premiums and cost-sharing.--The

 7  following limitations on premiums and cost-sharing are

 8  established for the program.

 9         (1)  Enrollees who receive coverage under the Medicaid

10  program may not be required to pay:

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

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

13  charges.

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

15  to or below 150 percent of the federal poverty level, who are

16  not receiving coverage under the Medicaid program, may not be

17  required to pay:

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

19  exceed the maximum monthly charge permitted under s.

20  1916(b)(1) of the Social Security Act; or

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

22  charges that exceed a nominal amount, as determined consistent

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

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

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

26  age-appropriate immunizations, and routine hearing and vision

27  screenings.

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

29  150 percent of the federal poverty level, who are not

30  receiving coverage under the Medicaid program or who are not

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

                                  45
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  enrollment fees, premiums, copayments, deductibles,

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

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

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

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

 6  deductibles, coinsurance, or similar charges may not be

 7  imposed for preventive services, including well-baby and

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

 9  hearing and vision screenings.

10         Section 42.  Section 409.817, Florida Statutes, is

11  created to read:

12         409.817  Approval of health benefits coverage;

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

14  to qualify for premium assistance payments for an eligible

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

16  must:

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

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

19  equivalent to the benchmark benefit plan;

20         (2)  Be guarantee issued;

21         (3)  Be community rated;

22         (4)  Not impose any preexisting condition exclusion for

23  covered benefits; however, group health insurance plans may

24  permit the imposition of a preexisting condition exclusion,

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

26         (5)  Comply with the applicable limitations on premiums

27  and cost-sharing in s. 409.816;

28         (6)  Comply with the quality assurance and access

29  standards developed under s. 409.820; and

30         (7)  Establish periodic open enrollment periods, which

31  may not occur more frequently than quarterly.

                                  46
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 43.  Section 409.8175, Florida Statutes, is

 2  created to read:

 3         409.8175  Delivery of services in rural counties.--A

 4  health maintenance organization or a health insurer may

 5  reimburse providers located in a rural county according to the

 6  Medicaid fee schedule for services provided to enrollees in

 7  rural counties if the provider agrees to accept such fee

 8  schedule.

 9         Section 44.  Section 409.8177, Florida Statutes, is

10  created to read:

11         409.8177  Program evaluation.--The agency, in

12  consultation with the Department of Health, the Department of

13  Children and Family Services, and the Florida Healthy Kids

14  Corporation, shall by January 1 of each year submit to the

15  Governor and the Legislature a report of the Florida Kidcare

16  program. In addition to the items specified under s. 2108 of

17  Title XXI of the Social Security Act, the report shall include

18  an assessment of crowd-out and access to health care, as well

19  as the following:

20         (1)  An assessment of the operation of the program,

21  including the progress made in reducing the number of

22  uncovered low-income children.

23         (2)  An assessment of the effectiveness in increasing

24  the number of children with creditable health coverage.

25         (3)  The characteristics of the children and families

26  assisted under the program, including ages of the children,

27  family income, and access to or coverage by other health

28  insurance prior to the program and after disenrollment from

29  the program.

30         (4)  The quality of health coverage provided, including

31  the types of benefits provided.

                                  47
    2:05 PM   04/28/98                              h4415c1c-10c9i




                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (5)  The amount and level, including payment of part or

 2  all of any premium, of assistance provided.

 3         (6)  The average length of coverage of a child under

 4  the program.

 5         (7)  The program's choice of health benefits coverage

 6  and other methods used for providing child health assistance.

 7         (8)  The sources of nonfederal funding used in the

 8  program.

 9         (9)  An assessment of the effectiveness of Medikids,

10  Children's Medical Services network, and other public and

11  private programs in the state in increasing the availability

12  of affordable quality health insurance and health care for

13  children.

14         (10)  A review and assessment of state activities to

15  coordinate the program with other public and private programs.

16         (11)  An analysis of changes and trends in the state

17  that affect the provision of health insurance and health care

18  to children.

19         (12)  A description of any plans the state has for

20  improving the availability of health insurance and health care

21  for children.

22         (13)  Recommendations for improving the program.

23         (14)  Other studies as necessary.

24         Section 45.  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

                                  48
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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 Florida Kidcare program, in

 3  consultation with the agency, the Department of Health, and

 4  the Florida Healthy Kids Corporation. The simplified

 5  eligibility application form must include an item that

 6  provides an opportunity for the applicant to indicate whether

 7  coverage is being sought for a child with special health care

 8  needs. Families applying for children's Medicaid coverage must

 9  also be able to use the simplified application form without

10  having to pay a premium.

11         (b)  Establish and maintain the eligibility

12  determination process under the program except as specified in

13  subsection (5). The department shall directly, or through the

14  services of a contracted third-party administrator, establish

15  and maintain a process for determining eligibility of children

16  for coverage under the program. The eligibility determination

17  process must be used solely for determining eligibility of

18  applicants for health benefits coverage under the program. The

19  eligibility determination process must include an initial

20  determination of eligibility for any coverage offered under

21  the program, as well as a redetermination or reverification of

22  eligibility each subsequent 6 months. Effective January 1,

23  1999, a child who has not attained the age of 5 and who has

24  been determined eligible for the Medicaid program is eligible

25  for coverage for 12 months without a redetermination or

26  reverification of eligibility. In conducting an eligibility

27  determination, the department shall determine if the child has

28  special health care needs.

29         (c)  Inform program applicants about eligibility

30  determinations and provide information about eligibility of

31  applicants to Medicaid, Medikids, the Children's Medical

                                  49
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Services network, and the Florida Healthy Kids Corporation,

 2  and to insurers and their agents, through a centralized

 3  coordinating office.

 4         (d)  Adopt rules necessary for conducting program

 5  eligibility functions.

 6         (2)  The Department of Health shall:

 7         (a)  Design an eligibility intake process for the

 8  program, in coordination with the Department of Children and

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

10  Corporation. The eligibility intake process may include local

11  intake points that are determined by the Department of Health

12  in coordination with the Department of Children and Family

13  Services.

14         (b)  Design and implement program outreach activities

15  under s. 409.819.

16         (c)  Chair a state-level coordinating council to review

17  and make recommendations concerning the implementation and

18  operation of the program. The coordinating council shall

19  include representatives from the department, the Department of

20  Children and Family Services, the agency, the Florida Healthy

21  Kids Corporation, the Department of Insurance, local

22  government, health insurers, health maintenance organizations,

23  health care providers, families participating in the program,

24  and organizations representing low-income families.

25         (d)  In consultation with the Florida Healthy Kids

26  Corporation and the Department of Children and Family

27  Services, establishing a toll-free telephone line to assist

28  families with questions about the program.

29         (e)  Adopt rules necessary to implement outreach

30  activities.

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

                                  50
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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2         (a)  Calculate the premium assistance payment necessary

 3  to comply with the premium and cost-sharing limitations

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

 5  each enrollee in a health insurance plan participating in the

 6  Florida Healthy Kids Corporation shall equal the premium

 7  approved by the Florida Healthy Kids Corporation and the

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

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

10  the limitations specified in s. 409.816. The premium

11  assistance payment for each enrollee in an employer-sponsored

12  health insurance plan approved under ss. 409.810-409.820 shall

13  equal the premium for the plan adjusted for any benchmark

14  benefit plan actuarial equivalent benefit rider approved by

15  the Department of Insurance pursuant to ss. 627.410 and

16  641.31, less any enrollee's share of the premium  established

17  within the limitations specified in s. 409.816. In calculating

18  the premium assistance payment levels for children with family

19  coverage, the agency shall set the premium assistance payment

20  levels for each child proportionately to the total cost of

21  family coverage.

22         (b)  Annually calculate the program enrollment ceiling

23  based on estimated per-child premium assistance payments and

24  the estimated appropriation available for the program.

25         (c)  Make premium assistance payments to health

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

27  Medicaid fiscal agent or a contracted third-party

28  administrator in making these payments.  The agency may

29  require health insurance plans that participate in the

30  Medikids program or employer-sponsored group health insurance

31  to collect premium payments from an enrollee's family.

                                  51
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Participating health insurance plans shall report premium

 2  payments collected on behalf of enrollees in the program to

 3  the agency in accordance with a schedule established by the

 4  agency.

 5         (d)  Monitor compliance with quality assurance and

 6  access standards developed under s. 409.820.

 7         (e)  Establish a mechanism for investigating and

 8  resolving complaints and grievances from program applicants,

 9  enrollees, and health benefits coverage providers, and

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

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

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

13  to address grievance reporting and resolution requirements.

14         (f)  Approve health benefits coverage for participation

15  in the program, following certification by the Department of

16  Insurance under subsection (4).

17         (g)  Adopt rules necessary for calculating premium

18  assistance payment levels, calculating the program enrollment

19  ceiling, making premium assistance payments, monitoring access

20  and quality assurance standards, investigating and resolving

21  complaints and grievances, administering the Medikids program,

22  and approving health benefits coverage.

23

24  The agency is designated the lead state agency for Title XXI

25  of the Social Security Act for purposes of receipt of federal

26  funds, for reporting purposes, and for ensuring compliance

27  with federal and state regulations and rules.

28         (4)  The Department of Insurance shall certify that

29  health benefits coverage plans that seek to provide services

30  under the Florida Kidcare program, except those offered

31  through the Florida Healthy Kids Corporation or the Children's

                                  52
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Medical Services network, meet, exceed, or are actuarially

 2  equivalent to the benchmark benefit plan and that health

 3  insurance plans will be offered at an approved rate. In

 4  determining actuarial equivalence of benefits coverage, the

 5  Department of Insurance and health insurance plans must comply

 6  with the requirements of s. 2103 of Title XXI of the Social

 7  Security Act. The department shall adopt rules necessary for

 8  certifying health benefits coverage plans.

 9         (5)  The Florida Healthy Kids Corporation shall retain

10  its functions as authorized in s. 624.91, including

11  eligibility determination for participation in the Healthy

12  Kids program.

13         (6)  The agency, the Department of Health, the

14  Department of Children and Family Services, the Florida

15  Healthy Kids Corporation, and the Department of Insurance,

16  after consultation with and approval of the Speaker of the

17  House of Representatives and the President of the Senate, are

18  authorized to make program modifications that are necessary to

19  overcome any objections of the United States Department of

20  Health and Human Services to obtain approval of the state's

21  child health insurance plan under Title XXI of the Social

22  Security Act.

23         Section 46.  Section 154.508, Florida Statutes, is

24  transferred, renumbered as section 409.819, Florida Statutes,

25  and amended to read:

26         409.819 154.508  Identification of low-income,

27  uninsured children; determination of Medicaid eligibility for

28  the Florida Kidcare program; alternative health care

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

30  Administration shall develop a program, in conjunction with

31  the Department of Education, the Department of Children and

                                  53
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Family Services, the Agency for Health Care Administration,

 2  the Florida Healthy Kids Corporation the Department of Health,

 3  local governments, employers school districts, and other

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

 5  to the extent possible and subject to appropriation, refer

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

 7  Medicaid eligibility determination and provide parents with

 8  information about choices alternative sources of health

 9  benefits coverage under the Florida Kidcare program care.

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

11  training community providers in effective methods of outreach;

12  conducting public information campaigns designed to publicize

13  the Florida Kidcare program, the eligibility requirements of

14  the program, and the procedures for enrollment in the program;

15  and maintaining public awareness of the Florida Kidcare

16  program. Special emphasis shall be placed on the

17  identification of minority children for referral to and

18  participation in the Florida Kidcare program.

19         Section 47.  Section 409.820, Florida Statutes, is

20  created to read:

21         409.820  Quality assurance and access

22  standards.--Except for Medicaid, the Department of Health, in

23  consultation with the agency and the Florida Healthy Kids

24  Corporation, shall develop a minimum set of quality assurance

25  and access standards for all program components. The standards

26  must include a process for granting exceptions to specific

27  requirements for quality assurance and access. Compliance with

28  the standards shall be a condition of program participation by

29  health benefits coverage providers.  These standards shall

30  comply with the provisions of chapters 409 and 641 and Title

31  XXI of the Social Security Act.

                                  54
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Section 48.  The following performance measures and

 2  standards are adopted for the Florida Kidcare program:

 3         (1)  The total number of previously uninsured children

 4  who receive health benefits coverage as a result of state

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

 6  uninsured children expected to obtain coverage during the

 7  1998-1999 fiscal year.

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

 9  program as a result of eligibility expansions under Title XXI

10  of the Social Security Act: 29,500 children enrolled in

11  Medicaid under new eligibility groups during the 1998-1999

12  fiscal year.

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

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

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

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

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

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

19         (c)  The number of uninsured children enrolled in

20  Medikids under Title XXI of the Social Security Act:  17,000

21  children enrolled in Medikids during the 1998-1999 fiscal

22  year.

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

24  enrollment for the Florida Healthy Kids Corporation program

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

26  children enrolled in the Florida Healthy Kids Corporation

27  program during the 1998-1999 fiscal year.

28         (e)  The number of uninsured children enrolled in

29  employer-sponsored group health insurance coverage under Title

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

31  enrolled in health insurance coverage during the 1998-1999

                                  55
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  fiscal year.

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

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

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

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

 6  fiscal year.

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

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

 9  the Florida Kidcare program: 30.9 percent of uninsured

10  children enrolled in the Florida Kidcare program during the

11  1998-1999 fiscal year.

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

13  Kidcare program with up-to-date immunizations: 80 percent of

14  enrolled children with up-to-date immunizations.

15         (4)  The percentage of compliance with the standards

16  established in the Guidelines for Health Supervision of

17  Children and Youth as developed by the American Academy of

18  Pediatrics for children eligible for the Florida Kidcare

19  program and served under:

20         (a)  Medicaid;

21         (b)  Medikids;

22         (c)  The Florida Healthy Kids Corporation program;

23         (d)  Employer-sponsored group health insurance plans;

24  and

25         (e)  The Children's Medical Services network.

26

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

28  compliance with the health supervision standards for 80

29  percent of enrolled children.

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

31  family concerning coverage provided to children enrolled in

                                  56
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  the Florida Kidcare program and served under:

 2         (a)  Medicaid;

 3         (b)  Medikids;

 4         (c)  Florida Healthy Kids Corporation;

 5         (d)  Employer-sponsored group health insurance plans;

 6  and

 7         (e)  The Children's Medical Services network.

 8

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

10  the enrollee families indicate satisfaction with the care

11  provided under the program.

12         Section 49.  The Agency for Health Care Administration

13  shall conduct a study of the feasibility of extending

14  presumptive eligibility for Medicaid to children who have not

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

16  families delay seeking health care services or health care

17  coverage because of the lack of presumptive eligibility. The

18  agency shall report its findings to the President of the

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

20  chairpersons of the respective health care committees no later

21  than December 31, 1998.

22         Section 50.  For fiscal year 1998-1999, the enrollment

23  ceiling for the non-Medicaid portion of the Florida Kidcare

24  program is 270,000 children. Thereafter, the enrollment

25  ceiling shall be established in the General Appropriations Act

26  or general law.

27         Section 51.  Subsections (6) and (7) are added to

28  section 409.904, Florida Statutes, to read:

29         409.904  Optional payments for eligible persons.--The

30  agency may make payments for medical assistance and related

31  services on behalf of the following persons who are determined

                                  57
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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

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

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

 4  availability of moneys and any limitations established by the

 5  General Appropriations Act or chapter 216.

 6         (6)  A child born before October 1, 1983, living in a

 7  family that has an income which is at or below 100 percent of

 8  the current federal poverty level, who has attained the age of

 9  6, but has not attained the age of 19, and who would be

10  eligible in s. 409.903(6), if the child had been born on or

11  after such date.  In determining the eligibility of such a

12  child, an assets test is not required.

13         (7)  A child who has not attained the age of 19 who has

14  been determined eligible for the Medicaid program is deemed to

15  be eligible for a total of 6 months, regardless of changes in

16  circumstances other than attainment of the maximum age.

17  Effective January 1, 1999, a child who has not attained the

18  age of 5 and who has been determined eligible for the Medicaid

19  program is deemed to be eligible for a total of 12 months

20  regardless of changes in circumstances other than attainment

21  of the maximum age.

22         Section 52.  Subsections (11) through (22) of section

23  409.906, Florida Statutes, are renumbered as subsections (12)

24  through (23), respectively, and a new subsection (11) is added

25  to that section to read:

26         409.906  Optional Medicaid services.--Subject to

27  specific appropriations, the agency may make payments for

28  services which are optional to the state under Title XIX of

29  the Social Security Act and are furnished by Medicaid

30  providers to recipients who are determined to be eligible on

31  the dates on which the services were provided.  Any optional

                                  58
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  service that is provided shall be provided only when medically

 2  necessary and in accordance with state and federal law.

 3  Nothing in this section shall be construed to prevent or limit

 4  the agency from adjusting fees, reimbursement rates, lengths

 5  of stay, number of visits, or number of services, or making

 6  any other adjustments necessary to comply with the

 7  availability of moneys and any limitations or directions

 8  provided for in the General Appropriations Act or chapter 216.

 9  Optional services may include:

10         (11)  HEALTHY START SERVICES.--The agency may pay for a

11  continuum of risk-appropriate medical and psychosocial

12  services for the Healthy Start program in accordance with a

13  federal waiver. The agency may not implement the federal

14  waiver unless the waiver permits the state to limit enrollment

15  or the amount, duration, and scope of services to ensure that

16  expenditures will not exceed funds appropriated by the

17  Legislature or available from local sources.

18         Section 53.  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:

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

23  alternative service network that includes health care

24  providers and health care facilities specified in chapter 391

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

26         (b)  "Children with special health care needs" means

27  those children whose serious or chronic physical or

28  developmental conditions require extensive preventive and

29  maintenance care beyond that required by typically healthy

30  children.  Health care utilization by these children exceeds

31  the statistically expected usage of the normal child matched

                                  59
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  for chronological age and often needs complex care requiring

 2  multiple providers, rehabilitation services, and specialized

 3  equipment in a number of different settings.

 4         (2)  The Legislature finds that Medicaid-eligible

 5  children with special health care needs require a

 6  comprehensive, continuous, and coordinated system of health

 7  care that links community-based health care with

 8  multidisciplinary, regional, and tertiary care.  The

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

10  program provides a full continuum of coordinated,

11  comprehensive services for children with special health care

12  needs.

13         (1)(3)  Except as provided in subsection (4)

14  subsections (8) and (9), children eligible for Children's

15  Medical Services who receive Medicaid benefits, and other

16  Medicaid-eligible children with special health care needs,

17  shall be exempt from the provisions of s. 409.9122 and shall

18  be served through the Children's Medical Services network

19  established in chapter 391.

20         (2)(4)  The Legislature directs the agency to apply to

21  the federal Health Care Financing Administration for a waiver

22  to assign to the Children's Medical Services network all

23  Medicaid-eligible children who meet the criteria for

24  participation in the Children's Medical Services program as

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

26  children with special health care needs.

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

28  assign a qualified MediPass primary care provider from the

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

30  gatekeeper and who shall be responsible for the provision or

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

                                  60
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                                                  SENATE AMENDMENT

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

    Amendment No.    





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

 2  Medicaid program.

 3         (3)(6)  Services provided through the Children's

 4  Medical Services network shall be reimbursed on a

 5  fee-for-service basis and shall utilize a primary care case

 6  management process. However, effective July 1, 1999,

 7  reimbursement to the Children's Medical Services program for

 8  services provided to Medicaid-eligible children with special

 9  health care needs through the Children's Medical Services

10  network shall be on a capitated basis.

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

12  Medical Services program, shall develop by rule

13  quality-of-care and service integration standards.

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

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

16  standards, to allow managed care plans that have contracts

17  with the Medicaid program to provide services to

18  Medicaid-eligible children with special health care needs.

19         (4)(9)  The agency may shall approve requests to

20  provide services to Medicaid-eligible children with special

21  health care needs from managed care plans that meet access,

22  quality-of-care, network, and service integration standards

23  and are in good standing with the agency.  The agency shall

24  monitor on a quarterly basis managed care plans which have

25  been approved to provide services to Medicaid-eligible

26  children with special health care needs.  The agency may

27  determine the number of enrollment slots approved for a

28  managed care plan based on the managed care plan's network

29  capacity to serve children with special health care needs.

30         (5)(10)  The agency, in consultation with the

31  Department of Health and Rehabilitative Services, shall adopt

                                  61
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  rules that address Medicaid requirements for referral,

 2  enrollment, and disenrollment of children with special health

 3  care needs who are enrolled in Medicaid managed care plans and

 4  who may benefit from the Children's Medical Services network.

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

 6  contract with school districts participating in the certified

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

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

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

10  in the Children's Medical Services network.

11         (12)  After 1 complete year of operation, the agency

12  shall conduct an evaluation of the Children's Medical Services

13  network.  The evaluation shall include, but not be limited to,

14  an assessment of whether the use of the Children's Medical

15  Services network is less costly than the provision of the

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

17  program.  The evaluation also shall include an assessment of

18  patient satisfaction with the Children's Medical Services

19  network, an assessment of the quality of care delivered

20  through the network, and recommendations for further improving

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

22  evaluation findings to the Governor and the chairpersons of

23  the appropriations and health care committees of each chamber

24  of the Legislature.

25         Section 54.  Section 624.91, Florida Statutes, is

26  amended to read:

27         624.91  The Florida Healthy Kids Corporation Act.--

28         (1)  SHORT TITLE.--This section may be cited as the

29  "William G. 'Doc' Myers Healthy Kids Corporation Act."

30         (2)  LEGISLATIVE INTENT.--

31         (a)  The Legislature finds that increased access to

                                  62
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  health care services could improve children's health and

 2  reduce the incidence and costs of childhood illness and

 3  disabilities among children in this state.  Many children do

 4  not have comprehensive, affordable health care preventive

 5  services available or funded, and for those who do, lack of

 6  access is a restriction to getting service.  It is the intent

 7  of the Legislature that the Florida Healthy Kids a nonprofit

 8  Corporation be organized to facilitate a program to bring

 9  preventive health care services to children, if necessary

10  through the use of school facilities in this state when more

11  appropriate sites are unavailable, and to provide

12  comprehensive health insurance coverage to such children. A

13  goal for The corporation is encouraged to cooperate with any

14  existing health preventive service programs funded by the

15  public or the private sector.

16         (b)  It is the intent of the Legislature that the

17  Florida Healthy Kids Corporation serve as one of several

18  providers of services to children eligible for medical

19  assistance under Title XXI of the Social Security Act.

20  Although the corporation may serve other children, the

21  Legislature intends the primary recipients of services

22  provided through the corporation be school-age children with a

23  family income below 200 percent of the federal poverty level,

24  who do not qualify for Medicaid.  It is also the intent of the

25  Legislature that state and local government Florida Healthy

26  Kids funds, to the extent permissible under federal law, be

27  used to obtain matching federal dollars.

28         (3)  NONENTITLEMENT.--Nothing in this section shall be

29  construed as providing an individual with an entitlement to

30  health care services.  No cause of action shall arise against

31  the state, the Florida Healthy Kids Corporation, or a unit of

                                  63
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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  local government for failure to make health services available

 2  under this section.

 3         (4)(3)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

 4         (a)  There is created The Legislature hereby creates

 5  the Florida Healthy Kids Corporation, a not-for-profit

 6  corporation which operates shall operate on sites to be

 7  designated by the corporation.

 8         (b)  The Florida Healthy Kids Corporation shall phase

 9  in a program to:

10         1.  Organize school children groups to facilitate the

11  provision of preventive health care services to children and

12  to provide comprehensive health insurance coverage to

13  children;

14         2.  Arrange for the collection of any family, local

15  contributions, or employer payment or premium, in an amount to

16  be determined by the board of directors, from all participant

17  families or employers to provide for payment of for preventive

18  health care services or premiums for comprehensive insurance

19  coverage and for the actual or estimated administrative

20  expenses incurred during the period for which family or

21  employer payments are made;

22         3.  Establish the administrative and accounting

23  procedures for the operation of the corporation;

24         4.  Establish, with consultation from appropriate

25  professional organizations, standards for preventive health

26  services and providers and comprehensive insurance benefits

27  appropriate to children; provided that such standards for

28  rural areas shall not limit primary care providers to

29  board-certified pediatricians;

30         5.  Establish eligibility criteria which children must

31  meet in order to participate in the program;

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         6.  Establish procedures under which applicants to and

 2  participants in the program may have grievances reviewed by an

 3  impartial body and reported to the board of directors of the

 4  corporation;

 5         7.  Establish participation criteria and, if

 6  appropriate, contract with an authorized insurer, health

 7  maintenance organization, or insurance administrator to

 8  provide administrative services to the corporation;

 9         8.  Establish enrollment criteria which shall include

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

11  reinstatement of coverage upon voluntary cancellation for

12  nonpayment of family premiums;

13         9.  If a space is available, establish a special open

14  enrollment period of 30 days' duration for any child who is

15  enrolled in Medicaid or Medikids if such child loses Medicaid

16  or Medikids eligibility and becomes eligible for the Florida

17  Healthy Kids program;

18         10.8.  Contract with authorized insurers or any

19  provider of health care services, meeting standards

20  established by the corporation, for the provision of

21  comprehensive insurance coverage and preventive health care

22  services to participants.  Such standards shall include

23  criteria under which the corporation may contract with more

24  than one provider of health care services in program sites.

25  Health plans shall be selected through a competitive bid

26  process. The selection of health plans shall be based

27  primarily on quality criteria established by the board. The

28  health plan selection criteria and scoring system, and the

29  scoring results, shall be available upon request for

30  inspection after the bids have been awarded;

31         11.9.  Develop and implement a plan to publicize the

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Florida Healthy Kids Corporation, the eligibility requirements

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

 3  program and to maintain public awareness of the corporation

 4  and the program;

 5         12.10.  Secure staff necessary to properly administer

 6  the corporation. Staff costs shall be funded from state and

 7  local matching funds and such other private or public funds as

 8  become available.  The board of directors shall determine the

 9  number of staff members necessary to administer the

10  corporation;

11         13.11.  As appropriate, enter into contracts with local

12  school boards or other agencies to provide onsite information,

13  enrollment, and other services necessary to the operation of

14  the corporation; and

15         14.12.  Provide a report on an annual basis to the

16  Governor, Insurance Commissioner, Commissioner of Education,

17  Senate President, Speaker of the House of Representatives, and

18  Minority Leaders of the Senate and the House of

19  Representatives;.

20         15.13.  Each fiscal year, establish a maximum number of

21  participants by county, on a statewide basis, who may enroll

22  in the program without the benefit of local matching funds.

23  Thereafter, the corporation may establish local matching

24  requirements for supplemental participation in the program.

25  The corporation may vary local matching requirements and

26  enrollment by county depending on factors which may influence

27  the generation of local match, including, but not limited to,

28  population density, per capita income, existing local tax

29  effort, and other factors. The corporation also may accept

30  in-kind match in lieu of cash for the local match requirement

31  to the extent allowed by Title XXI of the Social Security Act;

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  and For the 1996-1997 fiscal year only, funds may be

 2  appropriated to the Florida Healthy Kids Corporation to

 3  organize school children groups to facilitate the provision of

 4  preventive health care services to children at sites in

 5  addition to those allowed in subparagraph 1.  This

 6  subparagraph is repealed on July 1, 1997.

 7         16.  Establish eligibility criteria, premium and

 8  cost-sharing requirements, and benefit packages which conform

 9  to the provisions of the Florida Kidcare program, as created

10  in ss. 409.810-409.820.

11         (c)  Coverage under the corporation's program is

12  secondary to any other available private coverage held by the

13  participant child or family member.  The corporation may

14  establish procedures for coordinating benefits under this

15  program with benefits under other public and private coverage.

16         (d)  The Florida Healthy Kids Corporation shall be a

17  private corporation not for profit, organized pursuant to

18  chapter 617, and shall have all powers necessary to carry out

19  the purposes of this act, including, but not limited to, the

20  power to receive and accept grants, loans, or advances of

21  funds from any public or private agency and to receive and

22  accept from any source contributions of money, property,

23  labor, or any other thing of value, to be held, used, and

24  applied for the purposes of this act.

25         (5)(4)  BOARD OF DIRECTORS.--

26         (a)  The Florida Healthy Kids Corporation shall operate

27  subject to the supervision and approval of a board of

28  directors chaired by the Insurance Commissioner or her or his

29  designee, and composed of 12 other members selected for 3-year

30  terms of office as follows:

31         1.  One member appointed by the Commissioner of

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  Education from among three persons nominated by the Florida

 2  Association of School Administrators;

 3         2.  One member appointed by the Commissioner of

 4  Education from among three persons nominated by the Florida

 5  Association of School Boards;

 6         3.  One member appointed by the Commissioner of

 7  Education from the Office of School Health Programs of the

 8  Florida Department of Education;

 9         4.  One member appointed by the Governor from among

10  three members nominated by the Florida Pediatric Society;

11         5.  One member, appointed by the Governor, who

12  represents the Children's Medical Services Program;

13         6.  One member appointed by the Insurance Commissioner

14  from among three members nominated by the Florida Hospital

15  Association;

16         7.  Two members, appointed by the Insurance

17  Commissioner, who are representatives of authorized health

18  care insurers or health maintenance organizations;

19         8.  One member, appointed by the Insurance

20  Commissioner, who represents the Institute for Child Health

21  Policy;

22         9.  One member, appointed by the Governor, from among

23  three members nominated by the Florida Academy of Family

24  Physicians;

25         10.  One member, appointed by the Governor, who

26  represents the Agency for Health Care Administration; and

27         11.  The State Health Officer or her or his designee.

28

29  In order to provide for staggered terms, the initial term of

30  the members appointed under subparagraphs 1., 4., and 6. shall

31  be for 2 years and the initial term of the members appointed

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  under subparagraphs 2., 5., 8., and 10. shall be for 4 years.

 2         (b)  A member of the board of directors may be removed

 3  by the official who appointed that member.  The board shall

 4  appoint an executive director, who is responsible for other

 5  staff authorized by the board.

 6         (c)  Board members are entitled to receive, from funds

 7  of the corporation, reimbursement for per diem and travel

 8  expenses as provided by s. 112.061.

 9         (d)  There shall be no liability on the part of, and no

10  cause of action shall arise against, any member of the board

11  of directors, or its employees or agents, for any action they

12  take in the performance of their powers and duties under this

13  act.

14         (6)(5)  LICENSING NOT REQUIRED; FISCAL OPERATION.--

15         (a)  The corporation shall not be deemed an insurer.

16  The officers, directors, and employees of the corporation

17  shall not be deemed to be agents of an insurer. Neither the

18  corporation nor any officer, director, or employee of the

19  corporation is subject to the licensing requirements of the

20  insurance code or the rules of the Department of Insurance.

21  However, the Department of Insurance may require that any

22  marketing representative utilized and compensated by the

23  corporation must be appointed as a representative of the

24  insurers or health services providers with which the

25  corporation contracts.

26         (b)  The board has complete fiscal control over the

27  corporation and is responsible for all corporate operations.

28         (c)  The Department of Insurance shall supervise any

29  liquidation or dissolution of the corporation and shall have,

30  with respect to such liquidation or dissolution, all power

31  granted to it pursuant to the insurance code.

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         (7)(6)  ACCESS TO RECORDS; CONFIDENTIALITY;

 2  PENALTIES.--Notwithstanding any other laws to the contrary,

 3  the Florida Healthy Kids Corporation shall have access to the

 4  medical records of a student upon receipt of permission from a

 5  parent or guardian of the student.  Such medical records may

 6  be maintained by state and local agencies.  Any identifying

 7  information, including medical records and family financial

 8  information, obtained by the corporation pursuant to this

 9  subsection is confidential and is exempt from the provisions

10  of s. 119.07(1).  Neither the corporation nor the staff or

11  agents of the corporation may release, without the written

12  consent of the participant or the parent or guardian of the

13  participant, to any state or federal agency, to any private

14  business or person, or to any other entity, any confidential

15  information received pursuant to this subsection.  A violation

16  of this subsection is a misdemeanor of the second degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         Section 55.  (1)  Sections 391.031 and 391.056, Florida

19  Statutes, are hereby repealed.

20         (2)  Section 624.92, Florida Statutes, as created by

21  section 9 of chapter 97-260, Laws of Florida, is hereby

22  repealed.

23         Section 56.  The provisions of this act which would

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

25  between the Florida Healthy Kids Corporation and its

26  contracted providers shall be applied to such contracts upon

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

28         Section 57.  Sections 409.810 through 409.820, Florida

29  Statutes, as created by this act, are repealed, subject to

30  prior legislative review, on the first July 1 occurring at

31  least 1 year after the effective date of an act of the United

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1  States Congress or the federal Health Care Financing

 2  Administration which:

 3         (1)  Reduces Florida's federal matching rate under

 4  Title XXI of the Social Security Act to less than 65 percent

 5  federal match; or

 6         (2)  Reduces the federal funds allotted to Florida

 7  under Title XXI of the Social Security Act to less than $250

 8  million annually.

 9         Section 58.  This act shall take effect July 1 of the

10  year in which enacted.

11

12

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

14  And the title is amended as follows:

15         Delete everything before the enacting clause

16

17  and insert:

18                  A bill to be entitled

19         An act relating to health care; directing the

20         Agency for Health Care Administration to seek a

21         federal waiver for the Healthy Start Program;

22         amending s. 391.011, F.S.; providing a short

23         title; amending s. 391.016, F.S.; providing

24         legislative intent relating to the Children's

25         Medical Services program; amending s. 391.021,

26         F.S.; providing definitions; creating s.

27         391.025, F.S.; providing for applicability and

28         scope; amending s. 391.026, F.S.; providing

29         powers and duties of the Department of Health;

30         creating s. 391.028, F.S., and renumbering and

31         amending s. 391.051, F.S.; providing for

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         administration of the program; creating s.

 2         391.029, F.S., and renumbering and amending ss.

 3         391.046 and 391.07, F.S.; providing program

 4         eligibility; creating s. 391.031, F.S.;

 5         establishing benefits; creating s. 391.035,

 6         F.S., and renumbering and amending ss. 391.036

 7         and 391.041, F.S.; establishing provider

 8         qualifications; creating s. 391.045, F.S.;

 9         providing for provider reimbursement; creating

10         s. 391.047, F.S.; establishing responsibility

11         for payments on behalf of program participants

12         when other parties are liable; creating s.

13         391.055, F.S.; establishing service delivery

14         systems; creating s. 391.065, F.S.; providing

15         for health care provider agreements; creating

16         s. 391.071, F.S.; providing for quality of care

17         requirements; creating s. 391.081, F.S.;

18         establishing grievance reporting and resolution

19         requirements; creating s. 391.095, F.S.;

20         providing for program integrity; renumbering

21         and amending s. 391.061, F.S.; providing for

22         research and evaluation; renumbering ss.

23         391.201-391.217, F.S., relating to prescribed

24         pediatric extended care centers; designating

25         said sections as pt. IX of ch. 400, F.S.;

26         amending ss. 391.206 and 391.217, F.S.;

27         conforming cross-references; designating ss.

28         391.221, 391.222, and 391.223, F.S., as pt. II

29         of ch. 391, F.S., entitled "Children's Medical

30         Services Councils and Panels"; creating s.

31         391.221, F.S.; establishing the Statewide

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Children's Medical Services Network Advisory

 2         Council; renumbering and amending s. 391.091,

 3         F.S., relating to the Cardiac Advisory Council;

 4         deleting meeting and reporting requirements;

 5         creating s. 391.223, F.S.; providing for

 6         technical advisory panels; amending ss.

 7         391.301, 391.303, 391.304, 391.305, and

 8         391.307, F.S.; revising provisions relating to

 9         developmental evaluation and intervention

10         programs; amending s. 408.701, F.S.; conforming

11         cross-references; creating s. 409.810, F.S.;

12         providing a short title; creating s. 409.811,

13         F.S.; providing definitions; creating s.

14         409.812, F.S.; creating and establishing the

15         purpose of the Florida Kidcare program;

16         creating s. 409.813, F.S.; specifying program

17         components; specifying that certain program

18         components are not an entitlement; creating s.

19         409.8132, F.S.; creating and establishing the

20         purpose of the Medikids program component;

21         providing for administration by the Agency for

22         Health Care Administration; exempting Medikids

23         from licensure under the Florida Insurance

24         Code; providing applicability of certain

25         Medicaid requirements; establishing benefit

26         requirements; providing for eligibility;

27         providing enrollment requirements; authorizing

28         penalties for nonpayment of premiums; creating

29         s. 409.8134, F.S.; providing for program

30         enrollment and expenditure ceilings; creating

31         s. 409.8135, F.S., providing behavior health

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         benefits to non-Medicaid-eligible children with

 2         serious emotional needs; creating s. 409.814,

 3         F.S.; providing eligibility requirements;

 4         creating s. 409.815, F.S.; establishing

 5         requirements for health benefits coverage under

 6         the Florida Kidcare program; creating s.

 7         409.816, F.S.; providing for limitations on

 8         premiums and cost-sharing; creating s. 409.817,

 9         F.S.; providing for approval of health benefits

10         coverage as a condition of financial

11         assistance; creating s. 409.8175, F.S.;

12         authorizing health maintenance organizations

13         and health insurers to reimburse providers in

14         rural counties according to the Medicaid fee

15         schedule; creating 409.8177, F.S.; providing

16         for program evaluation; requiring annual

17         reports; creating s. 409.818, F.S.; providing

18         for program administration; specifying duties

19         of the Department of Children and Family

20         Services, the Department of Health, the Agency

21         for Health Care Administration, the Department

22         of Insurance, and the Florida Healthy Kids

23         Corporation; authorizing certain program

24         modifications related to federal approval;

25         renumbering and amending s. 154.508, F.S.,

26         relating to outreach activities to identify

27         low-income, uninsured children; creating s.

28         409.820, F.S.; requiring the Department of

29         Health to develop standards for quality

30         assurance and program access; establishing

31         performance measures and standards for the

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         Florida Kidcare program; directing the Agency

 2         for Health Care Administration to conduct a

 3         study of Medicaid presumptive eligibility and

 4         report its findings to the Legislature;

 5         providing an enrollment ceiling; amending s.

 6         409.904, F.S.; expanding Medicaid optional

 7         eligibility to certain children and providing

 8         for continuous eligibility; amending s.

 9         409.906, F.S.; authorizing the Agency for

10         Health Care Administration to pay for certain

11         services for the Healthy Start program pursuant

12         to a federal waiver; providing for limitations;

13         amending s. 409.9126, F.S., relating to the

14         provision of Children's Medical Services

15         network services for children with special

16         health care needs; deleting definitions;

17         deleting standards for referral of certain

18         children to the network; providing for certain

19         provider reimbursement; amending s. 624.91,

20         F.S., relating to the Florida Healthy Kids

21         Corporation; providing legislative intent;

22         specifying that the program is not an

23         entitlement; revising standards; providing for

24         competitive bids for health plans; providing

25         additional duties; repealing ss. 391.031 and

26         391.056, F.S., relating to patient care centers

27         and district children's medical program

28         supervisors; repealing s. 624.92, F.S.,

29         relating to application for a Medicaid waiver

30         for funds to expand the Florida Healthy Kids

31         Corporation; providing that the provisions of

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                                                  SENATE AMENDMENT

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

    Amendment No.    





 1         this act do not apply to certain existing

 2         contracts; providing for future repeal and

 3         review of ss. 409.810-409.820, F.S., relating

 4         to the "Florida Kidcare Act," based on

 5         specified changes in federal policy; providing

 6         an effective date.

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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