Senate Bill sb2262

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    Florida Senate - 2001                                  SB 2262

    By Senator Garcia





    39-1238-01

  1                      A bill to be entitled

  2         An act relating to social and economic

  3         assistance; amending s. 409.814, F.S.;

  4         providing for Kidcare enrollment of certain

  5         immigrant children not eligible for specified

  6         federal programs; creating s. 409.9041, F.S.;

  7         requiring a state medical assistance program

  8         for certain immigrants not eligible for federal

  9         Medicaid benefits; amending s. 414.31, F.S.;

10         requiring a state food stamp program for

11         certain immigrants not eligible for the federal

12         food stamp program; providing an effective

13         date.

14

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

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17         Section 1.  Subsection (4) of section 409.814, Florida

18  Statutes, is amended, present subsection (7) of that section

19  is renumbered as subsection (8), and a new subsection (7) is

20  added to that section, to read:

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

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

23  eligible for the Florida Kidcare program as provided in this

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

25  assets test is not required. An applicant under 19 years of

26  age who, based on a complete application, appears to be

27  eligible for the Medicaid component of the Florida Kidcare

28  program is presumed eligible for coverage under Medicaid,

29  subject to federal rules. A child who has been deemed

30  presumptively eligible for Medicaid shall not be enrolled in a

31  managed care plan until the child's full eligibility

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    Florida Senate - 2001                                  SB 2262
    39-1238-01




  1  determination for Medicaid has been completed. The Florida

  2  Healthy Kids Corporation may, subject to compliance with

  3  applicable requirements of the Agency for Health Care

  4  Administration and the Department of Children and Family

  5  Services, be designated as an entity to conduct presumptive

  6  eligibility determinations. An applicant under 19 years of age

  7  who, based on a complete application, appears to be eligible

  8  for the Medikids, Florida Healthy Kids, or Children's Medical

  9  Services network program component, who is screened as

10  ineligible for Medicaid and prior to the monthly verification

11  of the applicant's enrollment in Medicaid or of eligibility

12  for coverage under the state employee health benefit plan, may

13  be enrolled in and begin receiving coverage from the

14  appropriate program component on the first day of the month

15  following the receipt of a completed application.  For

16  enrollment in the Children's Medical Services network, a

17  complete application includes the medical or behavioral health

18  screening. If, after verification, an individual is determined

19  to be ineligible for coverage, he or she must be disenrolled

20  from the respective Title XXI-funded Kidcare program

21  component.

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

23  premium assistance for health benefits coverage under ss.

24  409.810-409.820, except under Medicaid if the child would have

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

26  of June 1, 1997:

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

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

29  employment with a public agency in the state.

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

31  benefit plan or under other health insurance coverage,

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    Florida Senate - 2001                                  SB 2262
    39-1238-01




  1  excluding coverage provided under the Florida Healthy Kids

  2  Corporation as established under s. 624.91.

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

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

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

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

  7  determination of eligibility under the Florida Kidcare

  8  program.

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

10  definition of qualified alien, in the United States.

11         (d)(e)  A child who is an inmate of a public

12  institution or a patient in an institution for mental

13  diseases.

14         (7)  Children who are ineligible for federal funding

15  under Medicaid and Title XXI due to their immigration status

16  shall be enrolled in the appropriate Kidcare program based on

17  the family income, and their coverage must be provided by

18  state-only funds.

19         Section 2.  Section 409.9041, Florida Statutes, is

20  created to read:

21         409.9041  Optional state-only payment for legal

22  immigrants.--The state shall establish a medical assistance

23  program for persons who are not eligible for federal Medicaid

24  benefits of Title XXI solely due to their immigration status

25  but whose immigration status meets the eligibility criteria of

26  the Medicaid program which were in effect on August 21, 1996.

27         Section 3.  Subsection (3) is added to section 414.31,

28  Florida Statutes, to read:

29         414.31  State agency for administering federal food

30  stamp program.--

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    Florida Senate - 2001                                  SB 2262
    39-1238-01




  1         (3)  The department shall operate a state food stamp

  2  program to provide benefits to needy legal immigrants who were

  3  lawfully residing in the United States on August 22, 1996, and

  4  who are ineligible for federal food stamps under s. 402 of the

  5  Personal Responsibility and Work Opportunity Reconciliation

  6  Act of 1996, Pub. L. No. 104-193, as amended, and who meet the

  7  definition of the terms "child" or "elderly" which are set

  8  forth in the federal Food Stamp Act. Benefits must be provided

  9  at the same level as those provided under the federal food

10  stamp program.

11         Section 4.  This act shall take effect July 1, 2001.

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14                          SENATE SUMMARY

15    Provides for Kidcare enrollment of legal immigrant
      children not eligible for Medicaid or Title XXI funding.
16    Provides for a state-paid medical assistance program for
      children and the elderly who are legal immigrants and are
17    not eligible for federal Medicaid benefits. Provides for
      a state food stamp program for needy legal immigrants who
18    are not eligible for federal food stamps.

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