Senate Bill 1336

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    Florida Senate - 2000                                  SB 1336

    By Senator Diaz-Balart





    37-1011-00

  1                      A bill to be entitled

  2         An act relating to Medicaid eligibility

  3         determinations; amending s. 409.901, F.S.;

  4         amending definitions of terms used in ss.

  5         409.901-409.920, F.S.; amending s. 409.902,

  6         F.S.; providing that the Department of Children

  7         and Family Services is responsible for Medicaid

  8         eligibility determinations; amending s.

  9         409.903, F.S.; specifying duties of the

10         Department of Children and Family Services and

11         of the Social Security Administration; amending

12         s. 409.919, F.S.; granting the Department of

13         Children and Family Services rulemaking

14         authority for determination of Medicaid

15         eligibility; providing an effective date.

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

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19         Section 1.  Subsections (3), (15) and (18) of section

20  409.901, Florida Statutes, are amended to read:

21         409.901  Definitions.--As used in ss. 409.901-409.920,

22  except as otherwise specifically provided, the term:

23         (3)  "Applicant" means an individual whose written

24  application for medical assistance provided by Medicaid under

25  ss. 409.903-409.906 has been submitted to the Department of

26  Children and Family Services (or to the Social Security

27  Administration if applying for Supplemental Security Income)

28  agency, but has not received final action.  This term includes

29  an individual, who need not be alive at the time of

30  application, whose application is submitted through a

31  representative or a person acting for the individual.

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    Florida Senate - 2000                                  SB 1336
    37-1011-00




  1         (15)  "Medicaid program" means the program authorized

  2  under Title XIX of the federal Social Security Act which

  3  provides for payments for medical items or services, or both,

  4  on behalf of any person who is determined by the Department of

  5  Children and Family Services, or, for Supplemental Security

  6  Income, by the Social Security Administration, to be eligible

  7  on the date of service for Medicaid assistance.

  8         (18)  "Medicaid recipient" or "recipient" means an

  9  individual whom the Department of Children and Family

10  Services, or, for Supplemental Security Income, the Social

11  Security Administration, determines is eligible, pursuant to

12  federal and state law, to receive medical assistance and

13  related services for which the agency may make payments under

14  the Medicaid program. For the purposes of determining

15  third-party liability, the term includes an individual

16  formerly determined to be eligible for Medicaid, an individual

17  who has received medical assistance under the Medicaid

18  program, or an individual on whose behalf Medicaid has become

19  obligated.

20         Section 2.  Section 409.902, Florida Statutes, is

21  amended to read:

22         409.902  Designated single state agency; payment

23  requirements; program title.--

24         (1)  The Agency for Health Care Administration is

25  designated as the single state agency authorized to make

26  payments for medical assistance and related services under

27  Title XIX of the Social Security Act.  These payments shall be

28  made, subject to any limitations or directions provided for in

29  the General Appropriations Act, only for services included in

30  the program, shall be made only on behalf of eligible

31  individuals, and shall be made only to qualified providers in

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    Florida Senate - 2000                                  SB 1336
    37-1011-00




  1  accordance with federal requirements for Title XIX of the

  2  Social Security Act and the provisions of state law.  This

  3  program of medical assistance is designated the "Medicaid

  4  program."

  5         (2)  The Department of Children and Family Services is

  6  responsible for Medicaid eligibility determinations, including

  7  policy, rules, and the agreement with the Social Security

  8  Administration for Medicaid eligibility determinations for

  9  Supplemental Security Income recipients, as well as the actual

10  determination of eligibility.

11         Section 3.  Section 409.903, Florida Statutes, is

12  amended to read:

13         409.903  Mandatory payments for eligible persons.--The

14  agency shall make payments for medical assistance and related

15  services on behalf of the following persons whom the

16  Department of Children and Family Services, or the Social

17  Security Administration by contract with the Department of

18  Children and Family Services, who the agency determines to be

19  eligible, subject to the income, assets, and categorical

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

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

22  availability of moneys and any limitations established by the

23  General Appropriations Act or chapter 216.

24         Section 4.  Section 409.919, Florida Statutes, is

25  amended to read:

26         409.919  Rules.--The agency shall adopt any rules

27  necessary to comply with or administer ss. 409.901-409.920 and

28  all rules necessary to comply with federal requirements. In

29  addition, the Department of Children and Family Services shall

30  adopt and accept transfer of any rules that are necessary for

31  assuring compliance with or for administering ss.

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    Florida Senate - 2000                                  SB 1336
    37-1011-00




  1  409.901-409.904, s. 409.906, and any other provisions

  2  necessary to the determination of Medicaid eligibility.

  3         Section 5.  This act shall take effect upon becoming a

  4  law.

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  7                          SENATE SUMMARY

  8    Relates to Medicaid eligibility determinations. Redefines
      the terms "applicant," "Medicaid program," and "Medicaid
  9    recipient," as used in ss. 409.901-409.920, F.S. Provides
      that the Department of Children and Family Services is
10    responsible for Medicaid eligibility determinations.
      Specifies duties of the department and of the Social
11    Security Administration. Provides the department with
      rulemaking authority for the determination of Medicaid
12    eligibility.

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