House Bill 4415

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    Florida House of Representatives - 1998                HB 4415

        By the Committee on Health Care Services and
    Representative Albright





  1                      A bill to be entitled

  2         An act relating to children's health; amending

  3         s. 383.011, F.S.; directing the Agency for

  4         Health Care Administration to seek a federal

  5         waiver for the Healthy Start program; amending

  6         s. 391.011, F.S.; providing a short title;

  7         amending s. 391.016, F.S.; providing

  8         legislative intent relating to the Children's

  9         Medical Services program; amending s. 391.021,

10         F.S.; providing definitions; creating s.

11         391.025, F.S.; providing for applicability and

12         scope; amending s. 391.026, F.S.; providing

13         powers and duties of the Department of Health;

14         creating s. 391.028, F.S., and renumbering and

15         amending s. 391.051, F.S.; providing for

16         administration of the program; creating s.

17         391.029, F.S., and renumbering and amending ss.

18         391.046 and 391.07, F.S.; providing program

19         eligibility; creating s. 391.031, F.S.;

20         establishing benefits; creating s. 391.035,

21         F.S., and renumbering and amending ss. 391.036

22         and 391.041, F.S.; establishing provider

23         qualifications; creating s. 391.045, F.S.;

24         providing for provider reimbursement; creating

25         s. 391.047, F.S.; establishing responsibility

26         for payments on behalf of program participants

27         when other parties are liable; creating s.

28         391.055, F.S.; establishing service delivery

29         systems; creating s. 391.065, F.S.; providing

30         for health care provider agreements; creating

31         s. 391.071, F.S.; providing for quality of care

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  1         requirements; creating s. 391.081, F.S.;

  2         establishing grievance reporting and resolution

  3         requirements; creating s. 391.095, F.S.;

  4         providing for program integrity; renumbering

  5         and amending s. 391.061, F.S.; providing for

  6         research and evaluation; renumbering ss.

  7         391.201-391.217, F.S., relating to prescribed

  8         pediatric extended care centers; designating

  9         said sections as pt. IX of ch. 400, F.S.;

10         amending ss. 391.206 and 391.217, F.S.;

11         conforming cross references; designating ss.

12         391.221, 391.222, and 391.223, F.S., as pt. II

13         of ch. 391, F.S., entitled "Children's Medical

14         Services Councils and Panels"; creating s.

15         391.221, F.S.; establishing the Statewide

16         Children's Medical Services Network Advisory

17         Council; creating s. 391.222, F.S.;

18         establishing the Cardiac Advisory Council;

19         creating s. 391.223, F.S.; providing for

20         technical advisory panels; amending ss.

21         391.301, 391.303, 391.304, 391.305, and

22         391.307, F.S.; revising provisions relating to

23         developmental evaluation and intervention

24         programs; amending s. 408.701, F.S.; conforming

25         cross references; creating s. 409.810, F.S.;

26         providing a short title; creating s. 409.811,

27         F.S.; providing definitions; creating s.

28         409.812, F.S.; creating the Florida Children's

29         Healthy Bodies program; providing legislative

30         findings and intent; providing guiding

31         principles; creating s. 409.813, F.S.;

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  1         specifying program components; specifying that

  2         certain program components are not an

  3         entitlement; establishing an enrollment

  4         ceiling; creating s. 409.8131, F.S.; creating

  5         the Medikids program; providing legislative

  6         findings and intent; providing that the program

  7         is not an entitlement; providing for a

  8         marketing plan; providing for application to

  9         Medikids of specified sections of ch. 409,

10         F.S., relating to Medicaid; providing for

11         benefits; providing eligibility standards;

12         providing for enrollment; creating s. 409.8134,

13         F.S.; providing for delivery of services and

14         reimbursement of providers in a rural county;

15         creating s. 409.8135, F.S.; providing

16         behavioral health benefits to

17         non-Medicaid-eligible children with serious

18         emotional needs; creating s. 409.814, F.S.;

19         providing eligibility requirements; creating s.

20         409.815, F.S.; establishing health benefits

21         coverage requirements for the program; creating

22         s. 409.816, F.S.; providing for limitations on

23         premiums and cost-sharing; creating s. 409.817,

24         F.S.; providing for a health insurance pilot

25         project; requiring approval of health benefits

26         coverage as a condition of financial

27         assistance; creating s. 409.8175, F.S.;

28         directing the Agency for Health Care

29         Administration to seek federal approval to

30         establish a family coverage program; providing

31         conditions; creating s. 409.8177, F.S.;

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  1         providing for program evaluation; requiring

  2         annual reports; creating s. 409.818, F.S.;

  3         providing for program administration; providing

  4         responsibilities for the Department of Children

  5         and Family Services, the Department of Health,

  6         the Department of Insurance, the Agency for

  7         Health Care Administration, and the Florida

  8         Healthy Kids Corporation; authorizing program

  9         modifications to obtain federal approval of the

10         state's child health insurance plan;

11         renumbering and amending s. 154.508, F.S.,

12         relating to outreach activities; creating s.

13         409.8195, F.S.; requiring the development of

14         quality assurance and access standards;

15         creating s. 409.821, F.S.; establishing

16         performance measures and standards; providing

17         an enrollment ceiling; amending s. 409.904,

18         F.S.; expanding Medicaid optional eligibility

19         to certain children and providing for

20         continuous eligibility; amending s. 409.9126,

21         F.S.; relating to the provision of Children's

22         Medical Services network services for children

23         with special health care needs; deleting

24         definitions; deleting standards for referral of

25         certain children to the network; providing for

26         certain provider reimbursement; amending s.

27         624.91, F.S., relating to the Florida Healthy

28         Kids Corporation; providing legislative intent;

29         specifying that the program is not an

30         entitlement; revising standards; providing

31         additional duties; repealing ss. 391.031,

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  1         391.056, and 391.091, F.S., relating to patient

  2         care centers, district children's medical

  3         program supervisors, and the Cardiac Advisory

  4         Council which was advisory to the Children's

  5         Medical Services Program Office; repealing s.

  6         624.92, F.S., relating to application for a

  7         Medicaid waiver for funds to expand the Florida

  8         Health Kids Corporation; providing for future

  9         repeal and review of s. 409.814(3), F.S., and

10         ss. 409.810-409.821, F.S., relating to the

11         "Florida Children's Healthy Bodies Act," on

12         specified dates; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsection (3) is added to section 383.011,

17  Florida Statutes, to read:

18         383.011  Administration of maternal and child health

19  programs.--

20         (3)  The Agency for Health Care Administration, working

21  jointly with the Department of Health and the Florida

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

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

24  Social Security Act for the Healthy Start program.  The

25  federal waiver application shall seek Medicaid matching funds

26  utilizing existing appropriated general revenue and any local

27  contributions.

28         Section 2.  Section 391.011, Florida Statutes, is

29  amended to read:

30

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  1         391.011  Short title.--The provisions of this chapter

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

  3  Medical Services Act."

  4         Section 3.  Section 391.016, Florida Statutes, is

  5  amended to read:

  6         391.016  Legislative intent.--The Legislature intends

  7  that the Children's Medical Services program:

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

  9  a family-centered, comprehensive, and coordinated statewide

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

11  with multidisciplinary, regional, and tertiary pediatric

12  specialty care finds and declares that there is a need to

13  provide medical services for needy children, particularly

14  those with chronic, crippling or potentially crippling and

15  physically handicapping diseases or conditions, and to provide

16  leadership and direction in promoting, planning, and

17  coordinating children's medical care programs so that the full

18  development of each child's potential may be realized.

19         (2)  Provide essential preventive, evaluative, and

20  early intervention services for children at risk for or having

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

22  term disabilities.

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

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

25  Social Security Act.

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

27  programs essential for the maintenance of a skilled pediatric

28  health care workforce for all Floridians.

29         Section 4.  Section 391.021, Florida Statutes, is

30  amended to read:

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  1         391.021  Definitions.--When used in this act, unless

  2  the context clearly indicates otherwise:

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

  4  means a statewide managed care service system that includes

  5  health care providers, as defined in this section.

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

  7  those children under age 21 years whose serious or chronic

  8  physical or developmental conditions require extensive

  9  preventive and maintenance care beyond that required by

10  typically healthy children.  Health care utilization by these

11  children exceeds the statistically expected usage of the

12  normal child adjusted for chronological age.  These children

13  often need complex care requiring multiple providers,

14  rehabilitation services, and specialized equipment in a number

15  of different settings.

16         (3)(1)  "Department" means the Department of Health.

17         (4)(2)  "Eligible individual" means a child with a

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

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

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

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

22  development,  and who meets the financial and medical

23  eligibility standards established in s. 391.029. by the

24  department.  In addition, where specific legislative

25  appropriation exists, individuals with long-term chronic

26  diseases, such as cystic fibrosis, which originated during

27  childhood and who received services under this act before the

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

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

30  professional, health care facility, or entity licensed or

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  1  certified to provide health services in this state that meets

  2  the criteria as established by the department.

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

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

  5  injury, deformity, or disabling physical conditions.

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

  7  enrolled in the Children's Medical Services program.

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

  9  program established in the Division of Children's Medical

10  Services of the department.

11         Section 5.  Section 391.025, Florida Statutes, is

12  created to read:

13         391.025  Applicability and scope.--

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

15  eligible individuals who are:

16         (a)  Enrolled in the Medicaid program;

17         (b)  Enrolled in the Florida Children's Healthy Bodies

18  program; and

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

20  the financial eligibility requirements established in this

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

22  their care.

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

24  of the following components:

25         (a)  The infant metabolic screening program established

26  in s. 383.14.

27         (b)  The regional perinatal intensive care centers

28  program established in ss. 383.15-383.21.

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

30  Legislature.

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  1         (d)  The developmental evaluation and intervention

  2  program.

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

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

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

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

  7  Department of Insurance, when providing services to children

  8  who receive Medicaid benefits, other Medicaid-eligible

  9  children with special health care needs, and children

10  participating in the Florida Children's Healthy Bodies

11  program.  This exemption shall not extend to contractors.

12         Section 6.  Section 391.026, Florida Statutes, is

13  amended to read:

14         391.026  Powers and duties of the department.--To

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

16  department shall have the following powers, duties, and

17  responsibilities:

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

19  medical services to eligible individuals.

20         (2)  To determine the medical and financial eligibility

21  standards for the program and to determine the medical and

22  financial eligibility of individuals seeking health medical

23  services from the program.

24         (3)  To recommend priorities for the implementation of

25  comprehensive plans and budgets.

26         (4)  To coordinate a comprehensive delivery system for

27  eligible individuals to take maximum advantage of all

28  available federal funds.

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

30  relating to children's medical services in cooperation with

31  other public and private agencies and to coordinate funding of

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  1  health care programs with state or local indigent health care

  2  funding mechanisms.

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

  4  applications to federal and state agencies for funds,

  5  services, or commodities relating to children's medical

  6  programs.

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

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

  9  of children, with an emphasis on early diagnosis and

10  treatment.

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

12  Services network contract or be contracted with.

13         (9)  To establish reimbursement mechanisms for the

14  Children's Medical Services network standards of eligibility

15  for patients of children's medical services programs.

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

17  standards and credentialing requirements for health care

18  providers and health care services coordinate funding of

19  medical care programs with state or local indigent health care

20  funding mechanisms.

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

22  for children with special health care needs under Titles XIX

23  and XXI of the Social Security Act establish standards for

24  patient care and facilities.

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

26  the program, including the utilization and quality of health

27  services.

28         (13)  To administer the Children with Special Health

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

30  Security Act.

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  1         (14)  To establish and operate a grievance resolution

  2  process for participants and health care providers.

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

  4  Medical Services program.

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

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

  7  private entities for the program.

  8         (17)  To appoint health care consultants for the

  9  purpose of providing peer review and making recommendations to

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

11  Medical Services program.

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

13  this act.

14         Section 7.  Section 391.028, Florida Statutes, is

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

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

17         391.028  Administration.--The Children's Medical

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

19         (1) 391.051  Qualifications of director.--The Director

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

21  physician licensed under chapter 458 or chapter 459 who has

22  specialized training and experience in the provision of health

23  medical care to children and who has recognized skills in

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

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

26  the deputy secretary and the Deputy State Health Officer for

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

28  the secretary.

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

30  Medical Services area offices to perform operational

31  activities, including, but not limited to:

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  1         (a)  Providing case management services for the

  2  network.

  3         (b)  Providing local oversight of the program.

  4         (c)  Determining medical and financial eligibility for

  5  the program.

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

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

  8         (e)  Authorizing services in the program and developing

  9  spending plans.

10         (f)  Participating in the development of treatment

11  plans.

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

13  grievances from participants and health care providers.

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

15  be directed by a physician licensed under chapter 458 or

16  chapter 459 who has specialized training and experience in the

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

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

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

20  Medical Services physician consultants.

21         Section 8.  Section 391.029, Florida Statutes, is

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

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

24  391.07, Florida Statutes, is renumbered as subsection (4) of

25  said section and amended, to read:

26         391.029  Program eligibility.--

27         (1)  The department shall establish the medical

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

29  Medical Services program is an eligible individual.

30         (2)  The following individuals are financially eligible

31  for the program:

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

  2  Medicaid.

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

  4  to age 21 years who is eligible for Medicaid.

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

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

  7  of the Social Security Act.

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

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

10  the family income to Medicaid financial criteria.  In cases

11  where the family income is adjusted based on a projected

12  annual cost of care, the family shall participate financially

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

14  department.

15

16  The department may continue to serve certain children with

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

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

19  1998.  Such children may be served by the department until

20  July 1, 2000.

21         (3) 391.046  Financial determination.--The department

22  shall determine the financial and medical eligibility of

23  children for the program. The department shall also determine

24  ability of individuals seeking medical services, or the

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

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

27  of health such medical services under the program. The

28  department may pay reasonable travel expenses related to the

29  determination of eligibility for or the provision of health

30  medical services.

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  1         (4) 391.07  Indigent and semi-indigent cases.--Any

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

  3  treatment under this act prior to being adopted shall continue

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

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

  6  of the persons adopting the child.

  7         Section 9.  Section 391.031, Florida Statutes, is

  8  created to read:

  9         391.031  Benefits.--Benefits provided under the program

10  shall be the same benefits provided to children as specified

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

12  additional benefits for early intervention services, respite

13  services, genetic testing, genetic and nutritional counseling,

14  and parent support services, if such services are determined

15  to be medically necessary. No child or person determined

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

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

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

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

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

21  program.

22         Section 10.  Section 391.035, Florida Statutes, is

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

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

25  391.041, Florida Statutes, is renumbered as subsection (3) of

26  said section and amended, to read:

27         391.035  Provider qualifications.--

28         (1)  The department shall establish the criteria to

29  designate health care providers to participate in the

30  Children's Medical Services network.  The department shall

31  follow, whenever available, national guidelines for selecting

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  1  health care providers to serve children with special health

  2  care needs.

  3         (2) 391.036  Medical services providers;

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

  5  care providers under contract with the program of medical

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

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

  8  established by the department.

  9         (3) 391.041  Services to other state or local programs

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

11  other state or local governmental programs or institutions for

12  the coordination of health medical care to eligible

13  individuals receiving services from such programs or

14  institutions.

15         Section 11.  Section 391.045, Florida Statutes, is

16  created to read:

17         391.045  Reimbursement.--

18         (1)  The department shall reimburse health care

19  providers for services rendered through the Children's Medical

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

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

22  costs, and cost reimbursement.  Medicaid reimbursement rates

23  shall be utilized to the maximum extent possible, where

24  applicable.

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

26  program for services provided to children with special health

27  care needs who participate in the Florida Children's Healthy

28  Bodies program and who are not Medicaid recipients shall be on

29  a capitated basis.

30         Section 12.  Section 391.047, Florida Statutes, is

31  created to read:

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  1         391.047  Responsibility for payments on behalf of

  2  Children's Medical Services program participants when other

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

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

  5  liabilities and recovery of third-party payments for health

  6  services.

  7         Section 13.  Section 391.055, Florida Statutes, is

  8  created to read:

  9         391.055  Service delivery systems.--

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

11  ensure the efficient operation of the Children's Medical

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

13  to, capitation payments, utilization management and review,

14  prior authorization, and case management.

15         (2)  The components of the network are:

16         (a)  Qualified primary care physicians who shall serve

17  as the gatekeepers and who shall be responsible for the

18  provision or authorization of health services to an eligible

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

20  network.

21         (b)  Comprehensive specialty care arrangements that

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

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

24  for eligible individuals.

25         (c)  Case management services.

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

27  contract with school districts participating in the certified

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

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

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

31  in the Children's Medical Services network.

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  1         Section 14.  Section 391.065, Florida Statutes, is

  2  created to read:

  3         391.065  Health care provider agreements.--The

  4  department is authorized to establish health care provider

  5  agreements for participation in the Children's Medical

  6  Services network.

  7         Section 15.  Section 391.071, Florida Statutes, is

  8  created to read:

  9         391.071  Quality of care requirements.--The Children's

10  Medical Services program shall develop quality of care and

11  service integration standards and reporting requirements for

12  health care providers that participate in the Children's

13  Medical Services network.  The program shall ensure that these

14  standards are not duplicative of other standards and

15  requirements for health care providers.

16         Section 16.  Section 391.081, Florida Statutes, is

17  created to read:

18         391.081  Grievance reporting and resolution

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

20  system to provide assistance to eligible individuals and

21  health care providers to resolve complaints and grievances.

22  To the greatest extent possible, the department shall use

23  existing grievance reporting and resolution processes.  The

24  department shall ensure that the system developed for the

25  Children's Medical Services program does not duplicate

26  existing grievance reporting and resolution processes.

27         Section 17.  Section 391.095, Florida Statutes, is

28  created to read:

29         391.095  Program integrity.--The department shall

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

31  Medical Services network participants, health care providers,

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  1  and their representatives to prevent fraudulent and abusive

  2  behavior, overutilization and duplicative utilization, and

  3  neglect of participants and to recover overpayments as

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

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

  6  The department shall refer incidents of suspected fraud and

  7  abuse, and overutilization and duplicative utilization, to the

  8  appropriate regulatory agency.

  9         Section 18.  Section 391.061, Florida Statutes, is

10  renumbered as section 391.097, Florida Statutes, and is

11  amended to read:

12         391.097 391.061  Research and evaluation.--

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

14  research and evaluation projects to improve the delivery of

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

16  public and private agencies engaged in work of a similar

17  nature.

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

19  included in any evaluation conducted in accordance with the

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

21  by the Legislature.

22         Section 19.  Sections 391.201 through 391.217, Florida

23  Statutes, are renumbered as sections 400.901 through 400.917,

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

25  Florida Statutes.

26         Section 20.  Section 391.206, Florida Statutes, is

27  renumbered as section 400.906, Florida Statutes, and

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

29         400.906 391.206  Initial application for license.--

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

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

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  1  the appropriate license fee unless the applicant is exempt

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

  3         Section 21.  Section 391.217, Florida Statutes, is

  4  renumbered as section 400.917, Florida Statutes, and amended

  5  to read:

  6         400.917 391.217  Disposition of moneys from fines and

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

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

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

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

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

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

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

14  Medical Services Councils and Panels."

15         Section 23.  Section 391.221, Florida Statutes, is

16  created to read:

17         391.221  Statewide Children's Medical Services Network

18  Advisory Council.--

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

20  Statewide Children's Medical Services Network Advisory Council

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

22  department.  Specifically, the duties of the council shall

23  include, but not be limited to:

24         (a)  Recommending standards and credentialing

25  requirements for health care providers rendering health

26  services to Children's Medical Services network participants.

27         (b)  Making recommendations to the Director of the

28  Division of Children's Medical Services concerning the

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

30  Services network.

31

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  1         (c)  Reviewing and making recommendations concerning

  2  network health care provider or participant disputes that are

  3  brought to the attention of the advisory council.

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

  5  program on the policies governing the Children's Medical

  6  Services network.

  7         (e)  Reviewing the financial reports and financial

  8  status of the network and making recommendations concerning

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

10         (f)  Reviewing and recommending the scope of benefits

11  for the network.

12         (g)  Reviewing network performance measures and

13  outcomes and making recommendations for improvements to the

14  network and its maintenance and collection of data and

15  information.

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

17  representing the private health care provider sector, families

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

19  for Health Care Administration, the Department of Insurance,

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

21  academic health center pediatric program, and the health

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

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

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

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

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

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

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

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

30

31

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

  2  be reimbursed for per diem and travel expenses in accordance

  3  with the provisions of s. 112.061.

  4         Section 24.  Section 391.222, Florida Statutes, is

  5  created to read:

  6         391.222  Cardiac Advisory Council.--

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

  8  Cardiac Advisory Council for the purpose of acting as the

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

10  in the delivery of cardiac services to children.

11  Specifically, the duties of the council shall include, but not

12  be limited to:

13         (a)  Recommending standards for personnel and

14  facilities rendering cardiac services for the Division of

15  Children's Medical Services.

16         (b)  Receiving reports of the periodic review of

17  cardiac personnel and facilities to determine if established

18  standards for Children's Medical Services cardiac services are

19  met.

20         (c)  Making recommendations to the division director as

21  to the approval or disapproval of reviewed personnel and

22  facilities.

23         (d)  Making recommendations as to the intervals for

24  reinspection of approved personnel and facilities.

25         (e)  Providing input to the Division of Children's

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

27  cardiac programs, including the rulemaking process.

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

29  with technical expertise in cardiac medicine.  Members shall

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

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

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

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

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

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

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

  6  least 2 years.

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

  8  be reimbursed for per diem and travel expenses in accordance

  9  with the provisions of s. 112.061.

10         Section 25.  Section 391.223, Florida Statutes, is

11  created to read:

12         391.223  Technical advisory panels.--The secretary of

13  the department may establish technical advisory panels to

14  assist the Division of Children's Medical Services in

15  developing specific policies and procedures for the Children's

16  Medical Services program.

17         Section 26.  Section 391.301, Florida Statutes, is

18  amended to read:

19         391.301  Developmental evaluation and intervention

20  programs; legislative findings and intent.--

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

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

23  outpatient developmental evaluation and intervention and that

24  their families need training and support services. The

25  Legislature further finds that there is an identifiable and

26  increasing number of infants who need developmental evaluation

27  and intervention and family support due to the fact that

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

29  newborn infants are now surviving because of due to the

30  advances in neonatal intensive care medicine; increased

31  numbers of medically involved infants are remaining

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  1  inappropriately in hospitals because their parents lack the

  2  confidence or skills to care for these infants without

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

  4  parent risk factors, such as substance abuse, teenage

  5  pregnancy, and other high-risk conditions.

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

  7  developmental evaluation and intervention services programs at

  8  all hospitals providing Level II or Level III neonatal

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

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

11  to support their infants.

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

13  statewide coordinated program to screen, diagnose, and manage

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

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

16  having hearing impairments, and shall ensure that all parents

17  or guardians of newborn infants are provided with materials

18  regarding hearing impairments prior to discharge of the

19  newborn infants from the hospital.

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

21  methodology be developed to integrate information on infants

22  with potentially disabling conditions with other early

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

24  and the reporting system to be established under the Healthy

25  Start program.

26         Section 27.  Section 391.303, Florida Statutes, is

27  amended to read:

28         391.303  Program requirements.--

29         (1)  A Developmental evaluation and intervention

30  services program shall be established at each hospital that

31  provides Level II or Level III neonatal intensive care

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  1  services. Program services shall be made available to an

  2  infant or toddler identified as being at risk for

  3  developmental disabilities, or identified as medically

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

  5  from program services. Program services shall be made

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

  7  neonatal intensive care unit or in a pediatric intensive care

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

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

10  have a metabolic or genetic disorder. The developmental

11  evaluation and intervention programs are subject to the

12  availability of moneys and the limitations established by the

13  General Appropriations Act or chapter 216. Hearing screening,

14  evaluation and referral services, and initial developmental

15  assessments services shall be provided to each infant or

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

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

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

19  Medical Services program based on the availability of funding,

20  including insurance and fees.

21         (2)  Each developmental evaluation and intervention

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

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

24  shall establish and coordinate the developmental evaluation

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

26  not limited to:

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

28  parent support and training, and family support planning and

29  case management.

30         (b)  Screening and evaluation services to identify each

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

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  1  educational followup and care management program for an infant

  2  who is identified as hearing-impaired, with management

  3  beginning as soon after birth as practicable. The medical

  4  management program must include the genetic evaluation of an

  5  infant suspected to have genetically determined deafness and

  6  an evaluation of the relative risk.

  7         (c)  Regularly held multidisciplinary team meetings to

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

  9  family, a multidisciplinary team may include a physician,

10  physician assistant, psychologist, psychotherapist, educator,

11  social worker, nurse, physical or occupational therapist,

12  speech pathologist, developmental evaluation and intervention

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

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

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

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

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

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

19  outcomes of the services.

20         (d)  Discharge planning by the multidisciplinary team,

21  including referral and followup to primary medical care and

22  modification of the family support plan.

23         (e)  Education and training for neonatal and pediatric

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

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

26  developmentally disabled, medically involved, or

27  hearing-impaired infants and toddlers and their families.

28         (f)  Followup intervention services after hospital

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

30  developmentally disabled, medically involved, or

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

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

  2  to, home intervention services and other intervention

  3  services, both contractual and voluntary. Support services

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

  5  the context of the family support plan.

  6         (g)  Referral to and coordination of services with

  7  community providers.

  8         (h)  Educational materials about infant care, infant

  9  growth and development, community resources, medical

10  conditions and treatments, and family advocacy. Materials

11  regarding hearing impairments shall be provided to each parent

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

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

14  identified high-risk, developmentally disabled, medically

15  involved, or hearing-impaired infant or toddler.

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

17  391.304, Florida Statutes, is amended to read:

18         391.304  Program coordination.--

19         (1)  The Department of Health shall:

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

21  Offices of Prevention, Early Assistance, and Child

22  Development, the Florida Interagency Coordinating Council for

23  Infants and Toddlers, and the State Coordinating Council for

24  Early Childhood Services in planning and administering ss.

25  391.301-391.307. This coordination shall be in accordance with

26  s. 411.222.

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

28  Statutes, is amended to read:

29         391.305  Program standards; rules.--The Department of

30  Health shall adopt rules for the administration of the

31  developmental evaluation and intervention program. The rules

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  1  shall specify standards for the development and operation of

  2  the program, including, but not limited to:

  3         (1)  Standards governing the eligibility need for

  4  program services and the requirements of the population to be

  5  served.

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

  7  Statutes, is amended to read:

  8         391.307  Program review.--

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

10  Department of Health shall evaluate each developmental

11  evaluation and intervention program. The department shall

12  develop criteria to evaluate child and family patient outcome,

13  program participation, service coordination case management,

14  and program effectiveness.

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

16  Florida Statutes, is amended to read:

17         408.701  Community health purchasing; definitions.--As

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

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

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

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

22  charitable organization that holds a current exemption from

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

24  Code, a licensed practitioner, a county health department

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

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

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

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

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

30  the United States Public Health Services Act that delivers

31  health care services to individuals, or a community facility

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  1  that receives funds from the state under the Community

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

  3  provides mental health services to individuals.

  4         Section 32.  Section 409.810, Florida Statutes, is

  5  created to read:

  6         409.810  Short title.--Sections 409.810-409.821 may be

  7  cited as the "Florida Children's Healthy Bodies Act."

  8         Section 33.  Section 409.811, Florida Statutes, is

  9  created to read:

10         409.811  Definitions.--

11         (1)  "Agency" means the Agency for Health Care

12  Administration.

13         (2)  "Applicant" means a parent or guardian of a child

14  or, in the case of a child whose disability of nonage has been

15  removed under chapter 743, a child who applies for

16  determination of eligibility under Title XXI of the Social

17  Security Act for health benefits coverage under this act.

18         (3)  "Benchmark benefit plan" means the form and level

19  of health benefits coverage established in s. 409.815.

20         (4)  "Child" means an individual under the age of 19

21  years.

22         (5)  "Child with special health care needs" means the

23  term as defined in chapter 391.

24         (6)  "Children's Medical Services network" means the

25  term as defined in chapter 391.

26         (7)  "Department" means the Department of Health.

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

28  premiums for a health insurance plan which spreads risk across

29  a large population.

30

31

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  1         (9)  "Enrollee" means a child who has been determined

  2  eligible for and is receiving health benefits coverage under

  3  this act.

  4         (10)  "Enrollment ceiling" means the maximum number of

  5  non-Medicaid children eligible for premium assistance payments

  6  who may be enrolled at any time in the Florida Children's

  7  Healthy Bodies program.  The maximum number shall be

  8  established annually in the General Appropriations Act or in

  9  provisions of general law.

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

11  income is considered in determining eligibility for the

12  Florida Children's Healthy Bodies program.  The family

13  includes a child with a custodial parent or caretaker relative

14  who resides in the same house or living unit, or in the case

15  of a child whose disability of nonage has been removed under

16  chapter 743, the child.  The family may also include

17  individuals who are not eligible for medical assistance under

18  Title XXI of the Social Security Act, but whose income and

19  resources are considered in whole or in part in determining

20  eligibility of the child.

21         (12)  "Florida Children's Healthy Bodies program" means

22  the medical assistance program authorized by Title XXI of the

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

24  of 1997.

25         (13)  "Family coverage" means purchase of health

26  benefits coverage that is cost-effective as authorized under

27  s. 2105(c)(3) of Title XXI of the Social Security Act, subject

28  to federal approval of a waiver request.

29         (14)  "Family income" means cash received at periodic

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

31  contributions, and rental property.  Income also may include

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  1  any money which would have been counted as income under the

  2  Aid to Families with Dependent Children state plan in effect

  3  prior to August 22, 1996.

  4         (15)  "Guarantee issue" means that health benefits

  5  coverage must be offered to an individual regardless of the

  6  individual's health status, preexisting conditions, or claims

  7  history.

  8         (16)  "Health benefits coverage" means covered health

  9  care services that are provided to enrollees by a health

10  insurance plan.

11         (17)  "Health insurance plan" means health benefits

12  coverage under the following:

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

14  maintenance organization, except plans that are limited to the

15  following:  a limited benefit, specified disease, or specified

16  accident; hospital indemnity; accident only; limited benefit

17  convalescent care; Medicare supplement; credit disability;

18  dental; vision; long-term care; disability income; coverage

19  issued as a supplement to another health plan; workers'

20  compensation liability or similar insurance; or automobile

21  medical-payment insurance;

22         (b)  A health insurer licensed under chapter 624;

23         (c)  An employee welfare benefit plan that includes

24  health benefits established under the Employee Retirement

25  Income Security Act of 1974, as amended; or

26         (d)  The Children's Medical Services network.

27         (18)  "Medicaid" means the medical assistance program

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

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

30  administered in the state by the agency.

31

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  1         (19)  "Medically necessary" means the use of any

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

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

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

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

  6  or results in illness or infirmity and which is:

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

  8  treatment of the enrollee's condition.

  9         (b)  Provided in accordance with generally accepted

10  standards of medical practice.

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

12  enrollee's family or the health care provider.

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

14  for the diagnosis and treatment of the enrollee's condition.

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

16  care specialty involved as effective, appropriate, and

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

18  condition.

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

20  Children's Healthy Bodies program of medical assistance

21  authorized by Title XXI of the Social Security Act, and

22  regulations thereunder, and s. 409.8131, as administered in

23  the state by the agency.

24         (21)  "Preexisting condition exclusion" means, with

25  respect to coverage, a limitation or exclusion of benefits

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

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

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

29  treatment was recommended or received before such date.

30

31

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  1         (22)  "Premium" means the entire cost of a health

  2  insurance plan, including the administration fee or the risk

  3  assumption charge.

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

  5  consideration paid by the agency per enrollee in the Florida

  6  Children's Healthy Bodies program towards health insurance

  7  premiums.

  8         (24)  "Program" means the Florida Children's Healthy

  9  Bodies program.

10         (25)  "Qualified alien" means an alien as defined in s.

11  431 of the Personal Responsibility and Work Opportunity

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

13         (26)  "Resident" means a United States citizen or

14  qualified alien who is domiciled in Florida.

15         (27)  "Rural county" means either a county with a

16  population density of less than 100 persons per square mile or

17  a county defined by the most recent United States census as

18  rural, and where there is no prepaid health plan participating

19  in the Medicaid program as of July 1, 1998.

20         (28)  "Space" means an allocation of a Florida

21  Children's Healthy Bodies program enrollee opening, subject to

22  the enrollment ceiling established in general law or the

23  General Appropriations Act each year.

24         Section 34.  Section 409.812, Florida Statutes, is

25  created to read:

26         409.812  Florida Children's Healthy Bodies program.--

27         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

28  finds that a significant number of Florida children are

29  uninsured at any one time and these children do not receive

30  necessary health care services. Further, the Legislature finds

31  that the lack of access to a regular and ongoing source of

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  1  medical care causes families to use health care resources

  2  inappropriately. The Legislature hereby creates the Florida

  3  Children's Healthy Bodies program to provide a defined set of

  4  health benefits to low-income children through the

  5  establishment of a variety of affordable health benefits

  6  coverage options from which families may select coverage and

  7  through which families may contribute financially to the

  8  health care of their children.

  9         (2)  GUIDING PRINCIPLES.--In creating the Florida

10  Children's Healthy Bodies program, the Legislature establishes

11  the following guiding principles:

12         (a)  No new entitlements to government services shall

13  be created. The Legislature reserves the right to discontinue

14  the program any time revenue shortfalls occur in program

15  funding or any time the Legislature determines the program is

16  no longer meeting the needs it was designed to fulfill.

17         (b)  Individual choice of plans, physicians, and other

18  health care providers must be emphasized.

19         (c)  Interference in the private insurance market must

20  be minimized, and "crowd-out," that is, moving children from

21  the private insurance market into a government-subsidized

22  market, must be avoided.

23         (d)  Children in families with incomes above

24  eligibility levels for the program may be permitted to

25  participate in the program through the payment of premiums and

26  other coinsurance payments that cover the policy's full costs.

27         (e)  Quality assurance mechanisms must be included as

28  an integral component of the program.

29         (f)  Special emphasis must be placed on ensuring

30  participation in the program by members of the minority

31  community.

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  1         Section 35.  Section 409.813, Florida Statutes, is

  2  created to read:

  3         409.813  Components; nonentitlement; enrollment

  4  ceilings.--

  5         (1)  The Florida Children's Healthy Bodies program

  6  includes health benefits coverage provided to children

  7  through:

  8         (a)  The Medicaid program as established under s.

  9  409.904(6);

10         (b)  The Medikids program established under s.

11  409.8131;

12         (c)  The Florida Healthy Kids program as created in s.

13  624.91;

14         (d)  Health insurance plans certified and approved to

15  participate in the health insurance pilot project established

16  pursuant to s. 409.817;

17         (e)  The Children's Medical Services network; and

18         (f)  Family coverage authorized under s. 409.8175.

19

20  Except for coverage under the Medicaid program, nothing in

21  this act provides an individual with an entitlement to

22  government-sponsored health care services. No cause of action

23  shall arise against the state, the department, or the agency

24  for failure to make health services available to any person

25  under this act.

26         (2)  Except for the Medicaid program, a ceiling shall

27  be placed on annual federal and state expenditures and

28  enrollment in the Florida Children's Healthy Bodies program

29  based on the General Appropriations Act each year, or as

30  specified in general law. The agency, in consultation with the

31

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  1  department, may propose to increase the enrollment ceiling in

  2  accordance with the provisions of chapter 216.

  3         (3)  Except for the Medicaid program, whenever the

  4  Social Services Estimating Conference determines that there is

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

  6  insufficient funds to finance the current or projected

  7  enrollment in the program, all additional enrollment must

  8  cease and additional enrollment may not resume until

  9  sufficient funds are available to finance such enrollment.

10         (4)  The agency shall collect and analyze the data

11  needed to project the Florida Children's Healthy Bodies

12  program enrollment, including participation rates, caseloads

13  and expenditures. The agency shall report the caseload and

14  expenditure trends to the Social Services Estimating

15  Conference in accordance with the provisions of chapter 216.

16         Section 36.  Section 409.8131, Florida Statutes, is

17  created to read:

18         409.8131  Medikids program.--

19         (1)  LEGISLATIVE FINDINGS AND INTENT.--It is the intent

20  of the Legislature through the creation of the Medikids

21  program to provide health services to eligible children

22  utilizing the administrative structure and provider network of

23  the Medicaid program while avoiding the creation of an

24  entitlement program. The Legislature intends that children

25  participating in the Medikids program be provided health

26  benefits in the same manner as children participating in the

27  Medicaid program, including the benefit package, except as

28  otherwise specified in this act. Differences between Medikids

29  and Medicaid include, but are not limited to, the use of

30  periodic open enrollment periods for Medikids beneficiaries,

31  and the fact that Medikids is not an entitlement program and

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  1  may be discontinued any time the Legislature determines the

  2  program is no longer needed, or through the provisions of

  3  chapter 216 during the occurrence of a funding shortfall.

  4         (2)  PROGRAM CREATION.--

  5         (a)  There is hereby created the Medikids program to be

  6  administered by the agency. The Medikids program shall not be

  7  subject to the requirements of the Department of Insurance or

  8  chapter 627. The director of the agency shall appoint an

  9  administrator of the Medikids program, which shall be located

10  in the Division of State Health Purchasing.

11         (b)  The agency is designated as the state agency

12  authorized to make payments for medical assistance and related

13  services for the Medikids program under Title XXI of the

14  Social Security Act. These payments shall be made, subject to

15  any limitations or directions provided for in the General

16  Appropriations Act, only for services included in the program,

17  shall be made only on behalf of eligible individuals, and

18  shall be made only to qualified providers in accordance with

19  federal requirements for Title XXI of the Social Security Act

20  and the provisions of state law.

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

22  construed as providing an individual with an entitlement to

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

24  the state or the agency for failure to make health services

25  available under this section.

26         (4)  MARKETING.--The agency, in consultation with the

27  Department of Health, shall develop and implement a plan to

28  publicize the Medikids program, the eligibility requirements

29  for the program, and the procedures for enrolling in the

30  program, and to maintain public awareness of the program.

31

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  1         (5)  APPLICABILITY.--The provisions of ss. 409.902,

  2  409.905, 409.906, 409.907, 409.908, 409.910, 409.912,

  3  409.9121, 409.9122, 409.9123, 409.9124, 409.9127, 409.9128,

  4  409.913, 409.916, 409.919, 409.920, and 409.9205, apply to the

  5  Medikids program to the same extent such sections apply to the

  6  Medicaid program; except the applicability of the provisions

  7  of s. 409.9122 to the Medikids program shall be subject to the

  8  provisions of subsection (7).

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

10  program shall be the same benefits provided to children as

11  specified in ss. 409.905 and 409.906.

12         (7)  ELIGIBILITY.--

13         (a)  A child who is under the age of 6 years is

14  eligible to participate in the Medikids program if the child

15  is a member of a family that has a family income which exceeds

16  the Medicaid applicable income level as specified in s.

17  409.903, but which is equal to or below 200 percent of the

18  federal poverty level. No assets test shall be required.

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

20  shall be applicable to the Medikids program.

21         (8)  ENROLLMENT.--Enrollment in the Medikids program

22  may only occur during periodic open enrollment periods as

23  specified by the agency. During the first 12 months of the

24  program, there shall be at least one, but no more than three,

25  open enrollment periods. The initial open enrollment period

26  shall be for 60 days, and subsequent open enrollment periods

27  during the first year of the program shall be for 30 days.

28  After the first year of the program, the agency shall

29  determine the frequency and duration of open enrollment

30  periods. A child may apply for participation in the Medikids

31  program and proceed through the eligibility determination

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  1  process at any time throughout the year. In addition, once

  2  determined eligible, a child may receive choice counseling and

  3  select a managed care plan or MediPass. However, enrollment in

  4  Medikids shall not begin until the next open enrollment

  5  period; nor shall a child be eligible for services under the

  6  Medikids program until the child is enrolled in a managed care

  7  plan or MediPass. Enrollment in MediPass shall be an option

  8  for a child participating in the Medikids program only in

  9  counties which have fewer than two managed care plans

10  available to serve Medicaid recipients. Participants shall not

11  have the option of enrolling in MediPass if the federal Health

12  Care Financing Administration determines that MediPass does

13  not constitute "health insurance coverage" as defined in Title

14  XXI of the Social Security Act.

15         (9)  SPECIAL ENROLLMENT PERIODS.--The agency shall

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

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

18  Medicaid eligibility and becomes eligible for Medikids, for

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

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

21  another county which is not within the coverage area of the

22  child's Medikids managed care plan or MediPass provider. The

23  provisions of this subsection shall apply only if a space is

24  available within the Medikids program.

25         (10)  PENALTIES FOR VOLUNTARY CANCELLATION.--The agency

26  shall establish enrollment criteria which shall include

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

28  reinstatement of coverage upon voluntary cancellation for

29  nonpayment of premiums.

30         Section 37.  Section 409.8134, Florida Statutes, is

31  created to read:

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  1         409.8134  Delivery of services in rural counties.--In a

  2  rural county, the Florida Healthy Kids Corporation may offer

  3  Healthy Kids coverage through a health insurer licensed under

  4  chapter 624.  The indemnity or preferred provider organization

  5  product offered by the health insurer must use the Medicaid

  6  fee schedule to reimburse providers.

  7         Section 38.  Section 409.8135, Florida Statutes, is

  8  created to read:

  9         409.8135  Behavioral health services.--In order to

10  ensure a high level of integration of physical and behavioral

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

12  enrollees with the most serious emotional disturbances or

13  substance abuse problems, the Department of Health shall

14  contract with the Department of Children and Family Services

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

16  children with special health care needs. The Department of

17  Children and Family Services, in consultation with the

18  Department of Health and the agency, is authorized to

19  establish the following:

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

21  duration and frequency.

22         (2)  Clinical guidelines for referral to behavioral

23  health services.

24         (3)  Behavioral health services standards.

25         (4)  Performance-based measures and outcomes for

26  behavioral health services.

27         (5)  Practice guidelines for behavioral health services

28  to ensure cost-effective treatment and to prevent unnecessary

29  expenditures.

30         (6)  Rules to implement this subsection.

31

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  1         Section 39.  Section 409.814, Florida Statutes, is

  2  created to read:

  3         409.814  Eligibility.--Except for the Medicaid program,

  4  a child whose family income is at or below 200 percent of the

  5  federal poverty level is eligible for financial assistance

  6  under the Florida Children's Healthy Bodies program as

  7  provided in this section.  In determining the eligibility of

  8  such a child, an assets test is not required.

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

10  under s. 409.903 or s. 409.904, is not eligible to receive

11  health benefits under any other health benefits coverage

12  authorized under this act.

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

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

15  the other types of health benefits coverage authorized in this

16  act, if such health benefits coverage is approved and space is

17  available in the county in which the child resides. However, a

18  child who is eligible for Medikids may participate in the

19  Florida Healthy Kids program only if the child has a sibling

20  participating in the Florida Healthy Kids program and the

21  child's county of residence permits such enrollment.

22         (3)  A child who is eligible for the program and who is

23  a child with special health care needs, as determined through

24  a risk screening instrument, is eligible for health benefits

25  coverage from and may be referred to the Children's Medical

26  Services network established in chapter 391.

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

28  financial assistance for health benefits coverage under this

29  act, except under Medicaid if the child would have been

30  eligible for Medicaid services under s. 409.903 or s. 409.904

31  as of June 1, 1997:

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

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

  3  employment with a public agency in the state;

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

  5  benefit plan or under other health insurance coverage,

  6  excluding coverage provided under the Florida Healthy Kids

  7  Corporation as established under s. 624.91;

  8         (c)  A child who is an alien, but who does not meet the

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

10         (d)  A child who is an inmate of a public institution

11  or a patient in an institution for mental diseases.

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

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

14  excluding the Medicaid program; but is subject to the

15  following provisions:

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

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

18  any administrative costs. Children described in this

19  subsection are not counted in the annual enrollment ceiling

20  for the Florida Children's Healthy Bodies program.

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

22  enrollment in Medikids by these children in order to avoid

23  adverse selection. The number of children participating in

24  Medikids whose family income exceeds 200 percent of the

25  federal poverty level must not exceed 10 percent of total

26  enrollees in the Medikids program.

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

28  Corporation is authorized to place limits on enrollment of

29  these children in order to avoid adverse selection. In

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

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

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  1  such families. The number of children participating in Healthy

  2  Kids whose family income exceeds 200 percent of the federal

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

  4  the Healthy Kids program.

  5         Section 40.  Section 409.815, Florida Statutes, is

  6  created to read:

  7         409.815  Health benefits coverage; limitations.--

  8         (1)  For purposes of the Florida Children's Healthy

  9  Bodies program, benefits available under the Medicaid program

10  and the Medikids program include those goods and services

11  provided under the medical assistance program authorized by

12  Title XIX of the Social Security Act, and regulations

13  thereunder, as administered in this state by the agency.  This

14  includes those mandatory Medicaid services authorized under s.

15  409.905 and optional services authorized under s. 409.906,

16  rendered on behalf of eligible individuals and qualified

17  providers, and subject to any limitations or directions

18  provided for in the General Appropriations Act or chapter 216

19  and according to methodologies and limitations set forth in

20  agency rules and policy manuals and handbooks incorporated by

21  reference thereto.

22         (2)  Except for coverage under the Medicaid program and

23  the Medikids program, health benefits coverage must include

24  the following minimum benefits of the benchmark benefit plan

25  as determined medically necessary when provided by a

26  participating provider in the enrollee's health insurance

27  plan.

28         (a)  Behavioral health services.--

29         1.  Mental health benefits include:

30         a.  Inpatient services, limited each contract year to

31  no more than 30 inpatient days for psychiatric admissions or

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  1  30 days of residential services in lieu of inpatient

  2  psychiatric admission; and

  3         b.  Outpatient services, including outpatient visits

  4  for psychological or psychiatric evaluation, diagnosis, and

  5  treatment by a licensed mental health professional, limited to

  6  a maximum of 40 outpatient visits each contract year.

  7         2.  Substance abuse services include:

  8         a.  Inpatient services, limited each contract year to

  9  no more than 7 inpatient days for medical detoxification only

10  and 30 days of residential services; and

11         b.  Outpatient services, including evaluation,

12  diagnosis, and treatment by a licensed practitioner, limited

13  to a maximum of 40 outpatient visits each contract year.

14         (b)  Durable medical equipment.--Covered services

15  include equipment and devices that are medically indicated to

16  assist in the treatment of a medical condition and

17  specifically prescribed as medically necessary with the

18  following limitations:

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

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

21  pair every year, unless the prescription or head size of the

22  enrollee changes.

23         3.  Hearing aids shall be covered only when medically

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

25         4.  Covered prosthetic devices include only artificial

26  eyes and limbs; braces; and other artificial aids.

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

28  visits to an emergency room or other licensed facility where

29  needed immediately due to an injury or illness where delay

30  means risk of permanent damage to the participant's health, in

31  accordance with the provisions of s. 641.513.

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  1         (d)  Health practitioner services.--Covered services

  2  include services and procedures rendered to an enrollee when

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

  4  conditions, including care rendered by health practitioners

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

  6  exceptions:

  7         1.  Chiropractic services, which shall be provided in

  8  the same manner as in the state Medicaid program.

  9         2.  Podiatric services, which may be limited to one

10  visit per day totaling two visits per month for specific foot

11  disorders.

12         (e)  Home health services.--Covered services include

13  prescribed home visits by both registered and licensed

14  practical nurses to provide skilled nursing services on a

15  part-time, intermittent basis, with the following limitations:

16         1.  Coverage may be limited to include skilled nursing

17  services only.

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

19  be excluded.

20         3.  Private duty nursing is limited to circumstances

21  where such care is medically necessary.

22         (f)  Hospice services.--Covered services include

23  reasonable and necessary services for palliation or management

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

25  exceptions:

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

27  enrollee, other services that treat the terminal condition

28  shall not be covered.

29         2.  Services required for conditions totally unrelated

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

31  services are included in this section.

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  1         (g)  Hospital inpatient services.--All covered services

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

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

  4  I of chapter 395, with the following exceptions:

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

  6  health insurance plan.

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

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

  9  the necessary and appropriate level of care.

10         3.  Room and board may be limited to semiprivate

11  accommodations, unless a private room is considered medically

12  necessary or semiprivate accommodations are not available.

13         4.  Admissions for rehabilitation and physical therapy

14  are limited to 15 days per contract year.

15         (h)  Hospital outpatient and ambulatory surgical

16  services.--Covered services include preventive, diagnostic,

17  therapeutic, palliative care, and other services provided to

18  an enrollee in the outpatient portion of a health facility

19  licensed under chapter 395, except for the following

20  limitations:

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

22  health insurance plan.

23         2.  Treatment for Temporomandibular Joint disease (TMJ)

24  is specifically excluded.

25         (i)  Laboratory and X-ray services.--Covered services

26  include diagnostic testing, including clinical radiologic,

27  laboratory, and other diagnostic tests.

28         (j)  Maternity services.--Covered services include

29  maternity and newborn care, including prenatal and postnatal

30  care, with the following limitations:

31         1.  Coverage may be limited to vaginal deliveries.

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  1         2.  Initial inpatient care for newborn infants of

  2  enrolled adolescents shall be covered, including normal

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

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

  5  3 days following birth.

  6         (k)  Nursing facility services.--Covered services

  7  include regular nursing services, rehabilitation services,

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

  9  appliances and equipment furnished by the facility, with the

10  following limitations:

11         1.  All admissions must be authorized by the health

12  insurance plan.

13         2.  The length of stay may be limited to 100 days per

14  contract year and shall be determined based on the medical

15  condition of the enrollee in relation to the necessary and

16  appropriate level of care.

17         3.  Room and board may be limited to semiprivate

18  accommodations, unless a private room is considered medically

19  necessary or semiprivate accommodations are not available.

20         4.  Admissions for rehabilitation and physical therapy

21  are limited to 15 days per contract year.

22         5.  Specialized treatment centers and independent

23  kidney disease treatment centers are excluded.

24         (l)  Organ transplantation services.--Covered services

25  include pretransplant services for donor and recipient,

26  transplant and postdischarge services and treatment of

27  complications after transplantation for transplants deemed

28  necessary and appropriate within the guidelines set by the

29  Organ Transplant Advisory Council under s. 381.0602 or the

30  Bone Marrow Transplant Advisory Panel under s. 627.4236.

31         (m)  Prescribed drugs.--

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  1         1.  Coverage shall include prescribed drugs prescribed

  2  for the medically indicated treatment of illness or injury

  3  when prescribed by a licensed health practitioner acting

  4  within the scope of his or her practice.

  5         2.  Prescribed drugs may be limited to generics where

  6  available and brand name products where a generic substitution

  7  is not available, unless the prescribing licensed health

  8  practitioner indicates that a brand name is medically

  9  necessary.

10         3.  Prescribed drugs covered under this section shall

11  include all prescribed drugs covered under the Florida

12  Medicaid program.

13         (n)  Preventive health services.--Covered services

14  include:

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

16  the Guidelines for Health Supervision of Children and Youth as

17  developed by the American Academy of Pediatrics.

18         2.  Immunizations and injections.

19         3.  Health education counseling and clinical services.

20         4.  Vision screening.

21         5.  Hearing screening.

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

23  rehabilitative services, including occupational, physical,

24  respiratory, and speech therapies, with the following

25  limitations:

26         1.  Services must be for short-term rehabilitation

27  where significant improvement in the enrollee will result.

28         2.  Services shall be no more than 24 treatment

29  sessions within a 60-day period per episode or injury, with

30  the 60-day period beginning with the first treatment.

31

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

  2  emergency transportation required in response to an emergency

  3  situation.

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

  5  obtained under this act shall pay an enrollee's covered

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

  7  child.

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

  9  with s. 409.816.

10         (s)  Exclusions.--

11         1.  Abortion, unless necessary to save the life of the

12  mother or if the pregnancy is the result of an act of rape or

13  incest, is excluded.

14         2.  Experimental or investigational procedures that

15  have not been clinically proved by reliable evidence are

16  excluded.

17         3.  Services performed for cosmetic purposes only or

18  for the convenience of the enrollee are excluded.

19         (t)  Enhancements to minimum requirements.--

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

21  included in any health benefits coverage, other than Medicaid

22  coverage, offered under this act.  Health benefits coverage

23  may include additional benefits not included under this

24  section, but may not include benefits excluded under paragraph

25  (s).

26         2.  Health benefits coverage may exceed the service

27  limitations established in the benchmark benefit plan

28  described under this section. Any additional benefits,

29  however, shall not be eligible for an increase in the premium

30  assistance payment.

31         (u)  Applicability to other state laws.--

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

  2  requiring coverage for a specific health care service or

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

  4  consideration of a specific category of licensed health

  5  practitioner in chapter 627 or chapter 641, does not apply to

  6  a health insurance plan policy or contract offered or

  7  delivered under this act, unless that law is made expressly

  8  applicable to such policies or contracts.

  9         2.  Notwithstanding chapter 641, a health maintenance

10  organization is authorized to issue contracts providing

11  benefits included in the benchmark benefit plan authorized by

12  this section.

13         Section 41.  Section 409.816, Florida Statutes, is

14  created to read:

15         409.816  Limitations on premiums and cost-sharing.--The

16  following limitations on premiums and cost-sharing are

17  established for the Florida Children's Healthy Bodies program.

18         (1)  Enrollees who receive coverage under the Medicaid

19  program shall not be required to pay:

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

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

22  charges.

23         (2)  Enrollees in the program whose family income is at

24  or below 150 percent of the federal poverty level and who are

25  not receiving coverage under the Medicaid program may not be

26  required to pay:

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

28  exceed the maximum monthly charge permitted under s.

29  1916(b)(1) of the Social Security Act; or

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

31  charges that exceed a nominal amount as determined consistent

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

  2  Security Act.  However, no such charges may be imposed for

  3  preventive health services.

  4         (3)  Enrollees in the program whose family income is

  5  above 150 percent of the federal poverty level and who are not

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

  7  enrolled pursuant to the provisions of s. 409.814(5), may be

  8  required to pay enrollment fees, premiums, copayments,

  9  deductibles, coinsurance, or similar charges on a sliding

10  scale related to income, except that the total annual

11  aggregate cost-sharing with respect to all children in a

12  family may not exceed 5 percent of the family's income.

13  However, copayments, deductibles, coinsurance, or similar

14  charges may not be imposed for preventive health services.

15         Section 42.  Section 409.817, Florida Statutes, is

16  created to read:

17         409.817  Health insurance pilot project; approval of

18  health benefits coverage; financial assistance.--There is

19  created a health insurance pilot project in one urban county

20  to be administered by the agency. The agency shall select the

21  county for the pilot project demonstration site. Any licensed

22  health insurer or health maintenance organization which meets

23  the qualifications of this section may participate in the

24  pilot project.  A health plan participating in the pilot

25  project may serve any child eligible to participate in the

26  Florida Healthy Kids program. It is the intent of the

27  Legislature that the Florida Healthy Kids program serve

28  children in the pilot county to determine if these two program

29  types are compatible.

30

31

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  1         (1)  For families to receive financial assistance to

  2  purchase health benefits coverage for an eligible child under

  3  this section, the health benefits coverage must:

  4         (a)  Be certified by the Department of Insurance under

  5  s. 409.818 as meeting or exceeding the benchmark benefit plan;

  6         (b)  Be guarantee issued;

  7         (c)  Be community-rated for health insurance coverage;

  8         (d)  Not impose any preexisting condition exclusion for

  9  covered benefits;

10         (e)  Comply with the applicable limitations on premiums

11  and cost-sharing in s. 409.816; and

12         (f)  Comply with the quality assurance and access

13  standards developed under s. 409.8195.

14         (2)  The Florida Healthy Kids Corporation and health

15  insurance plans approved under this act shall provide to the

16  agency enrollment information and other information necessary

17  to comply with the requirements of Title XXI of the Social

18  Security Act and related federal regulations.

19         (3)  This section is repealed effective October 1,

20  2001.

21         Section 43.  Section 409.8175, Florida Statutes, is

22  created to read:

23         409.8175  Family coverage.--The agency is directed to

24  seek federal approval to establish a program for the purchase

25  of family coverage consistent with the requirements of s.

26  2105(b)(3) of Title XXI of the Social Security Act. In

27  providing reimbursement for such coverage, the agency shall

28  ensure that the following conditions are met:

29         (1)  The child must not have had workplace coverage

30  within the previous 6 months.

31

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  1         (2)  The monthly premium for family coverage must be no

  2  more than the cumulative cost of serving all children in a

  3  family eligible for Medikids, the Florida Healthy Kids

  4  program, or the health insurance pilot project.

  5         (3)  The agency must monitor the program to avoid

  6  substitution effects.

  7         Section 44.  Section 409.8177, Florida Statutes, is

  8  created to read:

  9         409.8177  Program evaluation.--The agency, in

10  consultation with the Department of Health, the Department of

11  Children and Family Services, and the Florida Healthy Kids

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

13  Governor and the Legislature an evaluation of the Florida

14  Children's Healthy Bodies program. For the first 5 years of

15  the program, the agency shall contract with the Institute for

16  Child Health Policy to prepare annual reports and the

17  evaluation in accordance with the provisions of s. 2108 of the

18  Social Security Act.  In conducting the evaluation, the

19  contractor shall create an evaluation team which includes

20  individuals with expertise in child health from outside the

21  institute.  The evaluation report shall be prepared by the

22  contractor and shall be submitted as prepared, except for

23  written comments, if any, by the consulting agencies.  In

24  addition to the items specified under s. 2108 of the Social

25  Security Act, the evaluation shall include an assessment of

26  crowd-out and access to health care, as well as the following:

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

28  including the progress made in reducing the number of

29  uncovered low-income children.

30         (2)  An assessment of the effectiveness in increasing

31  the number of children with creditable health coverage.

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  1         (3)  The characteristics of the children and families

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

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

  4  insurance prior to the program and after disenrollment from

  5  the program.

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

  7  the types of benefits provided.

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

  9  all of any premium, of assistance provided.

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

11  the program.

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

13  and other methods used for providing child health assistance.

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

15  program.

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

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

18  private programs in the state in increasing the availability

19  of affordable quality health insurance and health care for

20  children.

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

22  coordinate the program with other public and private programs.

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

24  that affect the provision of health insurance and health care

25  to children.

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

27  improving the availability of health insurance and health care

28  for children.

29         (13)  Recommendations for improving the program.

30         (14)  Other studies as necessary.

31

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  1         Section 45.  Section 409.818, Florida Statutes, is

  2  created to read:

  3         409.818  Administration.--

  4         (1)  In order to implement the provisions of the

  5  Florida Children's Healthy Bodies Act, the following agencies

  6  shall have the following specified duties:

  7         (a)  The Department of Children and Family Services is

  8  responsible for developing, in consultation with the agency,

  9  the Department of Health, and the Florida Healthy Kids

10  Corporation, a simplified eligibility application form to be

11  used for determining the eligibility of children for coverage

12  under the program. The simplified eligibility application form

13  may include an item that provides an opportunity for the

14  applicant to indicate whether coverage is being sought for a

15  child with special health care needs.  In addition, the

16  department is responsible for establishing and maintaining the

17  eligibility determination process for the Medikids program.

18         (b)  The Department of Health is responsible for:

19         1.  Designing and implementing program outreach

20  activities under s. 409.819.

21         2.  Adopting rules necessary for implementing outreach

22  activities.

23         3.  In consultation with the Florida Healthy Kids

24  Corporation and the Department of Children and Family

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

26  families with questions about the program.

27         4.  Chairing a state-level coordinating council for the

28  program, to review and make recommendations concerning the

29  implementation and operation of the program. The coordinating

30  council shall include representatives from the department, the

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

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  1  Florida Healthy Kids Corporation, the Department of Insurance,

  2  health care providers, health insurers, health maintenance

  3  organizations, representatives of local government, and

  4  representatives of associations advocating the interests of

  5  participants in the Florida Children's Healthy Bodies program.

  6         (c)  The agency, under the authority granted in s.

  7  409.914(1), is responsible for:

  8         1.  Calculating the premium assistance payment

  9  necessary to comply with the premium and cost-sharing

10  limitations specified in subparagraph 8. and s. 409.816.  In

11  calculating the premium assistance payment levels for children

12  with family coverage, the agency shall set the premium

13  assistance payment levels for each child proportionately to

14  the total cost of family coverage. The agency, in consultation

15  with the department, shall establish an enhanced benchmark

16  premium for services provided by the Children's Medical

17  Services network to non-Medicaid-eligible children with

18  special health care needs who participate in the Florida

19  Children's Healthy Bodies program.

20         2.  Annually calculating the program enrollment ceiling

21  based on estimated per-child premium assistance payments and

22  the estimated appropriation available for the program.

23         3.  Making premium assistance payments to health

24  insurance plans under ss. 409.817 and 409.8175 and Medikids

25  providers, on a periodic basis. The agency may use its

26  Medicaid fiscal agent or a contracted third-party

27  administrator in making these payments. The agency may require

28  health insurance plans that participate in the Medikids

29  program, the health insurance pilot project, or the family

30  coverage program to collect premium payments from an

31  enrollee's family.  Participating health insurance plans shall

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  1  report premium payments collected on behalf of enrollees in

  2  the program to the agency in accordance with a schedule

  3  established by the agency.

  4         4.  Monitoring compliance with quality assurance and

  5  access standards developed under s. 409.8195.

  6         5.  Establishing a mechanism for investigating and

  7  resolving complaints and grievances from program applicants,

  8  enrollees, and health benefits coverage providers, and

  9  maintaining a record of complaints and confirmed problems.  In

10  the case of a child who is enrolled in a health maintenance

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

12  to address grievance reporting and resolution requirements.

13         6.  Approving health benefits coverage for

14  participation in the program.

15         7.  Administering the Medikids program as created in s.

16  409.8131.

17         8.  Adopting 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, approving health benefits coverage,

22  and administering the Medikids program.  The premium

23  assistance for each enrollee in an insurance plan shall equal

24  the premium approved by the Florida Healthy Kids Corporation

25  and the Department of Insurance in accordance with ss. 627.410

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

27  established within the limitations specified in s. 409.816.

28         (d)  The Department of Insurance is responsible for

29  certifying that health benefits coverage plans, except those

30  offered through the Florida Healthy Kids Corporation, seeking

31  to provide services under the program meet or exceed the

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  1  benchmark benefit plan, and that health insurance plans will

  2  be offered at an approved rate.  The department shall adopt

  3  rules necessary for certifying health benefits coverage plans.

  4         (e)  The Florida Healthy Kids program shall retain its

  5  functions as authorized in s. 624.91. In addition, the Florida

  6  Healthy Kids Corporation shall be responsible for:

  7         1.  Establishing and maintaining the eligibility

  8  determination process under the program, excluding Medicaid

  9  and Medikids eligibility determination.  The Florida Healthy

10  Kids Corporation shall directly, or through the services of a

11  contracted third-party administrator, establish and maintain a

12  process for determining eligibility of children for coverage

13  under the program.  The eligibility determination process must

14  include initial determination of eligibility for any coverage

15  offered under the program, as well as periodic redetermination

16  or reverification of eligibility.  In conducting eligibility

17  determination, the Florida Healthy Kids Corporation shall

18  include methods to determine if a child has special health

19  care needs.

20         2.  Informing program applicants about eligibility

21  determinations and sharing eligibility information with the

22  Medicaid program, the Department of Children and Family

23  Services, and insurers and their agents, through a centralized

24  coordinating office.

25         (2)  The agency, the Department of Health, the

26  Department of Children and Family Services, the Florida

27  Healthy Kids Corporation, and the Department of Insurance,

28  after consultation and approval of the Speaker of the House of

29  Representatives and the President of the Senate, are

30  authorized to make program modifications that are necessary to

31  overcome any objections of the federal Department of Health

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  1  and Human Services to obtain approval of the state's child

  2  health insurance plan under Title XXI of the Social Security

  3  Act.

  4         Section 46.  Section 154.508, Florida Statutes, is

  5  renumbered as section 409.819, Florida Statutes, and amended

  6  to read:

  7         409.819 154.508  Identification of low-income,

  8  uninsured children; determination of Medicaid eligibility for

  9  the Florida Children's Healthy Bodies program; alternative

10  health care information.--The department Agency for Health

11  Care Administration shall develop a program, in conjunction

12  with the Department of Education, the Department of Children

13  and Family Services, the Agency for Health Care

14  Administration, the Florida Healthy Kids Corporation,

15  Department of Health, local governments school districts,

16  employers, and other stakeholders to identify low-income,

17  uninsured children and, to the extent possible and subject to

18  appropriation, refer them to the appropriate state agency or

19  entity for Department of Children and Family Services for a

20  Medicaid eligibility determination and provide parents with

21  information about choices of health benefits coverage under

22  the Florida Children's Healthy Bodies program alternative

23  sources of health care. Special emphasis shall be placed on

24  the identification of minority children for referral to and

25  participation in the Florida Children's Healthy Bodies

26  program.

27         Section 47.  Section 409.8195, Florida Statutes, is

28  created to read:

29         409.8195  Quality assurance and access

30  standards.--Except for the Medicaid program, the department,

31  in consultation with the agency, shall develop quality

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  1  assurance and access standards for the Florida Children's

  2  Healthy Bodies program.  These standards shall comply with the

  3  provisions of chapters 409 and 641 and Title XXI of the Social

  4  Security Act.

  5         Section 48.  Section 409.821, Florida Statutes, is

  6  created to read:

  7         409.821  Performance measures and standards.--The

  8  following performance measures and standards are adopted for

  9  the Florida Children's Healthy Bodies program:

10         (1)  The total number of previously uninsured children

11  who receive health benefits coverage as a result of state

12  activities under Title XXI of the Social Security Act--235,000

13  uninsured children expected to obtain coverage during fiscal

14  year 1998-1999.

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

16  program as a result of eligibility expansions under Title XXI

17  of the Social Security Act--35,000 children enrolled in

18  Medicaid under new eligibility groups during fiscal year

19  1998-1999.

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

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

22  Social Security Act who have been eligible for Medicaid, but

23  who have not enrolled in the program--80,000 children

24  previously eligible for Medicaid, but not enrolled in

25  Medicaid, who enroll in Medicaid during fiscal year 1998-1999.

26         (c)  The number of uninsured children added to the

27  Florida Healthy Kids program enrollment under Title XXI of the

28  Social Security Act--60,000 additional children enrolled in

29  the Florida Healthy Kids program during fiscal year 1998-1999.

30         (d)  The number of uninsured children enrolled in

31  health insurance coverage under Title XXI of the Social

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  1  Security Act--50,000 uninsured children enrolled in health

  2  insurance coverage during fiscal year 1998-1999.

  3         (e)  The number of uninsured children enrolled in

  4  Medikids coverage offered under Title XXI of the Social

  5  Security Act--10,000 uninsured children enrolled in Medikids

  6  coverage during fiscal year 1998-1999.

  7         (2)  The percentage of uninsured children in Florida as

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

  9  the Florida Children's Healthy Bodies program--28.5 percent of

10  uninsured children who enroll in the Florida Children's

11  Healthy Bodies program during fiscal year 1998-1999.

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

13  Children's Healthy Bodies program with up-to-date

14  immunizations--80 percent of enrolled children with up-to-date

15  immunizations.

16         (4)  The percentage of compliance with the standards

17  established in the Guidelines for Health Supervision of

18  Children and Youth as developed by the American Academy of

19  Pediatrics for Florida Children's Healthy Bodies program

20  eligible children served under:

21         (a)  The Medicaid program as established under s.

22  409.904(6);

23         (b)  The Medikids program established under s.

24  409.8131;

25         (c)  The Florida Healthy Kids program as created in s.

26  624.91;

27         (d)  Health insurance plans certified and approved to

28  participate in the health insurance pilot project established

29  pursuant to s. 409.817;

30         (e)  The Children's Medical Services network; and

31         (f)  Family coverage authorized under s. 409.8175.

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  1

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

  3  compliance with the health supervision standards for 80

  4  percent of enrolled children.

  5         Section 49.  For fiscal year 1998-1999, the enrollment

  6  ceiling for the non-Medicaid portion of the Florida Children's

  7  Healthy Bodies program is 270,000 children.  Thereafter, the

  8  enrollment ceiling shall be established in the General

  9  Appropriations Act or general law.

10         Section 50.  Subsections (6) and (7) are added to

11  section 409.904, Florida Statutes, to read:

12         409.904  Optional payments for eligible persons.--The

13  agency may make payments for medical assistance and related

14  services on behalf of the following persons who are determined

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

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

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

18  availability of moneys and any limitations established by the

19  General Appropriations Act or chapter 216.

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

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

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

23  6, but has not attained the age of 19, and who would be

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

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

26  child, an assets test is not required.

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

28  been determined eligible for the Medicaid program is deemed to

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

30  circumstances other than attainment of the maximum age.

31

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  1         Section 51.  Section 409.9126, Florida Statutes, is

  2  amended to read:

  3         409.9126  Children with special health care needs.--

  4         (1)  As used in this section:

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

  6  alternative service network that includes health care

  7  providers and health care facilities specified in chapter 391

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

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

10  those children whose serious or chronic physical or

11  developmental conditions require extensive preventive and

12  maintenance care beyond that required by typically healthy

13  children.  Health care utilization by these children exceeds

14  the statistically expected usage of the normal child matched

15  for chronological age and often needs complex care requiring

16  multiple providers, rehabilitation services, and specialized

17  equipment in a number of different settings.

18         (2)  The Legislature finds that Medicaid-eligible

19  children with special health care needs require a

20  comprehensive, continuous, and coordinated system of health

21  care that links community-based health care with

22  multidisciplinary, regional, and tertiary care.  The

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

24  program provides a full continuum of coordinated,

25  comprehensive services for children with special health care

26  needs.

27         (1)(3)  Except as provided in subsection (4)

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

29  Medical Services who receive Medicaid benefits, and other

30  Medicaid-eligible children with special health care needs,

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

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  1  be served through the Children's Medical Services network

  2  established in chapter 391.

  3         (2)(4)  The Legislature directs the agency to apply to

  4  the federal Health Care Financing Administration for a waiver

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

  6  Medicaid-eligible children who meet the criteria for

  7  participation in the Children's Medical Services program as

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

  9  children with special health care needs.

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

11  assign a qualified MediPass primary care provider from the

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

13  gatekeeper and who shall be responsible for the provision or

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

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

16  Medicaid program.

17         (3)(6)  Services provided through the Children's

18  Medical Services network shall be reimbursed on a

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

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

21  reimbursement to the Children's Medical Services program for

22  services provided to Medicaid-eligible children with special

23  health care needs through the Children's Medical Services

24  network shall be on a capitated basis.

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

26  Medical Services program, shall develop by rule

27  quality-of-care and service integration standards.

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

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

30  standards, to allow managed care plans that have contracts

31

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  1  with the Medicaid program to provide services to

  2  Medicaid-eligible children with special health care needs.

  3         (4)(9)  The agency may shall approve requests to

  4  provide services to Medicaid-eligible children with special

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

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

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

  8  monitor on a quarterly basis managed care plans which have

  9  been approved to provide services to Medicaid-eligible

10  children with special health care needs.  The agency may

11  determine the number of enrollment slots approved for a

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

13  capacity to serve children with special health care needs.

14         (5)(10)  The agency, in consultation with the

15  Department of Health and Rehabilitative Services, shall adopt

16  rules that address Medicaid requirements for referral,

17  enrollment, and disenrollment of children with special health

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

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

20         (11)  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         (12)  After 1 complete year of operation, the agency

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

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

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

30  Services network is less costly than the provision of the

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

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  1  program.  The evaluation also shall include an assessment of

  2  patient satisfaction with the Children's Medical Services

  3  network, an assessment of the quality of care delivered

  4  through the network, and recommendations for further improving

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

  6  evaluation findings to the Governor and the chairpersons of

  7  the appropriations and health care committees of each chamber

  8  of the Legislature.

  9         Section 52.  Section 624.91, Florida Statutes, is

10  amended to read:

11         624.91  The Florida Healthy Kids Corporation Act.--

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

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

14         (2)  LEGISLATIVE INTENT.--

15         (a)  The Legislature finds that increased access to

16  health care services could improve children's health and

17  reduce the incidence and costs of childhood illness and

18  disabilities among children in this state.  Many children do

19  not have comprehensive, affordable health care preventive

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

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

22  of the Legislature that the Florida Healthy Kids a nonprofit

23  Corporation be organized to facilitate a program to bring

24  preventive health care services to children, if necessary

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

26  appropriate sites are unavailable, and to provide

27  comprehensive health insurance coverage to such children. A

28  goal for The corporation is encouraged to cooperate with any

29  existing health preventive service programs funded by the

30  public or the private sector.

31

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

  2  Florida Healthy Kids Corporation serve as one of several

  3  providers of services to children eligible for medical

  4  assistance under Title XXI of the Social Security Act.

  5  Although the corporation may serve other children, the

  6  Legislature intends the primary recipients of services

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

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

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

10  Legislature that state and local government Florida Healthy

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

12  used to obtain matching federal dollars.

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

14  construed as providing an individual with an entitlement to

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

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

17  local government for failure to make health services available

18  under this section.

19         (4)(3)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

20         (a)  There is created The Legislature hereby creates

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

22  corporation which operates shall operate on sites to be

23  designated by the corporation.

24         (b)  The Florida Healthy Kids Corporation shall phase

25  in a program to:

26         1.  Organize school children groups to facilitate the

27  provision of preventive health care services to children and

28  to provide comprehensive health insurance coverage to

29  children;

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

31  government, or employer payment or premium, in an amount to be

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  1  determined by the board of directors, from all participant

  2  families or employers to provide for payment of for preventive

  3  health care services or premiums for comprehensive insurance

  4  coverage and for the actual or estimated administrative

  5  expenses incurred during the period for which family or

  6  employer payments are made;

  7         3.  Establish the administrative and accounting

  8  procedures for the operation of the corporation;

  9         4.  Establish, with consultation from appropriate

10  professional organizations, standards for preventive health

11  services and providers and comprehensive insurance benefits

12  appropriate to children; provided that such standards for

13  rural areas shall not limit primary care providers to

14  board-certified pediatricians;

15         5.  Establish eligibility criteria which children must

16  meet in order to participate in the program;

17         6.  Establish procedures under which applicants to and

18  participants in the program may have grievances reviewed by an

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

20  corporation;

21         7.  Establish participation criteria and, if

22  appropriate, contract with an authorized insurer, health

23  maintenance organization, or insurance administrator to

24  provide administrative services to the corporation;

25         8.  Establish enrollment criteria which shall include

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

27  reinstatement of coverage upon voluntary cancellation for

28  nonpayment of family premiums.

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

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

31  enrolled in Medicaid or Medikids if such child loses Medicaid

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  1  or Medikids eligibility and becomes eligible for the Florida

  2  Healthy Kids program.

  3         10.8.  Contract with authorized insurers or any

  4  provider of health care services, meeting standards

  5  established by the corporation, for the provision of

  6  comprehensive insurance coverage and preventive health care

  7  services to participants.  Such standards shall include

  8  criteria under which the corporation may contract with more

  9  than one provider of health care services in program sites;

10         11.9.  Develop and implement a plan to publicize the

11  Florida Healthy Kids Corporation, the eligibility requirements

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

13  program and to maintain public awareness of the corporation

14  and the program;

15         12.10.  Secure staff necessary to properly administer

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

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

18  become available.  The board of directors shall determine the

19  number of staff members necessary to administer the

20  corporation;

21         13.11.  As appropriate, enter into contracts with local

22  school boards or other agencies to provide onsite information,

23  enrollment, and other services necessary to the operation of

24  the corporation; and

25         14.12.  Provide a report on an annual basis to the

26  Governor, Insurance Commissioner, Commissioner of Education,

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

28  Minority Leaders of the Senate and the House of

29  Representatives;.

30         15.13.  Each fiscal year, establish a maximum number of

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

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

  2  Thereafter, the corporation may establish local government

  3  matching requirements for supplemental participation in the

  4  program.  The corporation may vary local matching requirements

  5  and enrollment by county depending on factors which may

  6  influence the local government's ability to provide local

  7  match, including, but not limited to, population density, per

  8  capita income, existing local tax effort, and other factors.

  9  The corporation also may accept in-kind match in lieu of cash

10  for the local match requirement to the extent allowed by Title

11  XXI of the Social Security Act; and For the 1996-1997 fiscal

12  year only, funds may be appropriated to the Florida Healthy

13  Kids Corporation to organize school children groups to

14  facilitate the provision of preventive health care services to

15  children at sites in addition to those allowed in subparagraph

16  1.  This subparagraph is repealed on July 1, 1997.

17         15.  Establish eligibility criteria, premium and

18  cost-sharing requirements, and benefit packages which conform

19  to the provisions of this act when serving children eligible

20  for the Florida Children's Healthy Bodies program, as created

21  in this act.

22         (c)  Contracts in existence on June 30, 1998, that

23  comply with cost-sharing provisions approved by the federal

24  Health Care Financing Administration as conforming with Title

25  XXI of the Social Security Act shall be deemed to conform with

26  the Florida Children's Healthy Bodies program until renewal of

27  the contract but no later than 2 years after the effective

28  date of the contract.

29         (d)(c)  Coverage under the corporation's program is

30  secondary to any other available private coverage held by the

31  participant child or family member.  The corporation may

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  1  establish procedures for coordinating benefits under this

  2  program with benefits under other public and private coverage.

  3         (e)(d)  The Florida Healthy Kids Corporation shall be a

  4  private corporation not for profit, organized pursuant to

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

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

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

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

  9  accept from any source contributions of money, property,

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

11  applied for the purposes of this act.

12         (5)(4)  BOARD OF DIRECTORS.--

13         (a)  The Florida Healthy Kids Corporation shall operate

14  subject to the supervision and approval of a board of

15  directors chaired by the Insurance Commissioner or her or his

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

17  terms of office as follows:

18         1.  One member appointed by the Commissioner of

19  Education from among three persons nominated by the Florida

20  Association of School Administrators;

21         2.  One member appointed by the Commissioner of

22  Education from among three persons nominated by the Florida

23  Association of School Boards;

24         3.  One member appointed by the Commissioner of

25  Education from the Office of School Health Programs of the

26  Florida Department of Education;

27         4.  One member appointed by the Governor from among

28  three members nominated by the Florida Pediatric Society;

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

30  represents the Children's Medical Services Program;

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  1         6.  One member appointed by the Insurance Commissioner

  2  from among three members nominated by the Florida Hospital

  3  Association;

  4         7.  Two members, appointed by the Insurance

  5  Commissioner, who are representatives of authorized health

  6  care insurers or health maintenance organizations;

  7         8.  One member, appointed by the Insurance

  8  Commissioner, who represents the Institute for Child Health

  9  Policy;

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

11  three members nominated by the Florida Academy of Family

12  Physicians;

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

14  represents the Agency for Health Care Administration; and

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

16

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

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

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

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

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

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

23  appoint an executive director, who is responsible for other

24  staff authorized by the board.

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

26  of the corporation, reimbursement for per diem and travel

27  expenses as provided by s. 112.061.

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

29  cause of action shall arise against, any member of the board

30  of directors, or its employees or agents, for any action they

31

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  1  take in the performance of their powers and duties under this

  2  act.

  3         (6)(5)  LICENSING NOT REQUIRED; FISCAL OPERATION.--

  4         (a)  The corporation shall not be deemed an insurer.

  5  The officers, directors, and employees of the corporation

  6  shall not be deemed to be agents of an insurer. Neither the

  7  corporation nor any officer, director, or employee of the

  8  corporation is subject to the licensing requirements of the

  9  insurance code or the rules of the Department of Insurance.

10  However, the Department of Insurance may require that any

11  marketing representative utilized and compensated by the

12  corporation must be appointed as a representative of the

13  insurers or health services providers with which the

14  corporation contracts.

15         (b)  The board has complete fiscal control over the

16  corporation and is responsible for all corporate operations.

17         (c)  The Department of Insurance shall supervise any

18  liquidation or dissolution of the corporation and shall have,

19  with respect to such liquidation or dissolution, all power

20  granted to it pursuant to the insurance code.

21         (7)(6)  ACCESS TO RECORDS; CONFIDENTIALITY;

22  PENALTIES.--Notwithstanding any other laws to the contrary,

23  the Florida Healthy Kids Corporation shall have access to the

24  medical records of a student upon receipt of permission from a

25  parent or guardian of the student.  Such medical records may

26  be maintained by state and local agencies.  Any identifying

27  information, including medical records and family financial

28  information, obtained by the corporation pursuant to this

29  subsection is confidential and is exempt from the provisions

30  of s. 119.07(1).  Neither the corporation nor the staff or

31  agents of the corporation may release, without the written

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  1  consent of the participant or the parent or guardian of the

  2  participant, to any state or federal agency, to any private

  3  business or person, or to any other entity, any confidential

  4  information received pursuant to this subsection.  A violation

  5  of this subsection is a misdemeanor of the second degree,

  6  punishable as provided in s. 775.082 or s. 775.083.

  7         Section 53.  Sections 391.031, 391.056, 391.091, and

  8  624.92, Florida Statutes, are hereby repealed.

  9         Section 54.  Subsection (3) of section 409.814, Florida

10  Statutes, as created by this act, shall stand repealed

11  effective October 1, 2000.  It is the intent of the

12  Legislature that these provisions be reviewed on an annual

13  basis prior to that date.

14         Section 55.  Sections 409.810 through 409.821, Florida

15  Statutes, as created by this act, shall stand repealed

16  effective October 1, 2003.  It is the intent of the

17  Legislature that these sections be reviewed on an annual basis

18  prior to that date.

19         Section 56.  This act shall take effect upon becoming a

20  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises and expands the Children's Medical Services
  4    program to provide for medical assistance to children
      receiving Medicaid, children with special health care
  5    needs, and children participating in the Florida
      Children's Healthy Bodies program authorized by Title XXI
  6    of the Social Security Act. Establishes a Statewide
      Children's Medical Services Network Advisory Council and
  7    a Cardiac Advisory Council, and authorizes technical
      advisory panels, to advise on the delivery of medical
  8    services to children. Establishes the Florida Children's
      Healthy Bodies program to provide health benefits
  9    coverage to previously uninsured children, through
      Medicaid, "Medikids," which makes elements of the
10    Medicaid program applicable to children, the Florida
      Healthy Kids program, an urban health insurance pilot
11    project established in the act, the Children's Medical
      Services network, and certain family coverage authorized
12    by the act. Specifies duties of the Department of Health,
      the Division of Children's Medical Services, the Agency
13    for Health Care Administration, the Department of
      Children and Family Services, the Department of
14    Insurance, and the Florida Healthy Kids Corporation. See
      bill for details.
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