House Bill hb0715c1

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    Florida House of Representatives - 2001      CS/HBs 715 & 1355

        By the Committee on Health Promotion and Representatives
    Lerner, Gannon, Detert, Ritter, Henriquez, Greenstein, Heyman,
    Rich, Weissman, Mahon, Frankel, Sobel, Seiler, Betancourt,
    Meadows, Ausley, Kosmas, Littlefield, Harrell, Ryan,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to breast and cervical cancer;

  3         creating s. 381.93, F.S.; providing a short

  4         title; providing legislative intent;

  5         authorizing specified breast and cervical

  6         cancer services to be rendered by the

  7         Department of Health; providing for funding

  8         sources for such services; providing for limits

  9         on service enrollment based on income;

10         providing for income verification; authorizing

11         the department to provide related services

12         funded by other means; amending s. 409.904,

13         F.S.; providing for Medicaid eligibility for

14         certain women in need of treatment for breast

15         and cervical cancer; specifying "qualified

16         entity" for such purpose; providing for

17         eligibility, presumptive eligibility, and

18         duration of eligibility; providing an effective

19         date.

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

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23         Section 1.  Section 381.93, Florida Statutes, is

24  created to read:

25         381.93  Mary Brogan Breast and Cervical Cancer Early

26  Detection Program.--This section may be cited as the "Mary

27  Brogan Breast and Cervical Cancer Early Detection Program

28  Act."

29         (1)  It is the intent of the Legislature to reduce the

30  rates of death due to breast and cervical cancer through early

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  1  diagnosis and increased access to early screening, diagnosis,

  2  and treatment programs.

  3         (2)  The Department of Health, using available federal

  4  funds and state funds appropriated for that purpose, is

  5  authorized to establish the Mary Brogan Breast and Cervical

  6  Cancer Early Detection Program to provide screening,

  7  diagnosis, evaluation, case management, followup services, and

  8  referral to the Agency for Health Care Administration for

  9  treatment.

10         (3)  The Mary Brogan Breast and Cervical Cancer Early

11  Detection Program shall be funded through grants for such

12  screening and early detection purposes from the federal

13  Centers for Disease Control and Prevention under Title XV of

14  the Public Health Service Act (42 U.S.C. 300k et seq.).

15         (4)  The department shall limit enrollment in the

16  program to persons with incomes at or below 200 percent of the

17  federal poverty level. The department shall establish an

18  eligibility process which includes an income verification

19  process to ensure that persons served under the program meet

20  income guidelines.

21         (5)  The department may provide other breast and

22  cervical cancer screening and diagnostic services; however,

23  such services shall be funded through sources of funds other

24  than those provided in this section.

25         Section 2.  Subsection (9) is added to section 409.904,

26  Florida Statutes, to read:

27         409.904  Optional payments for eligible persons.--The

28  agency may make payments for medical assistance and related

29  services on behalf of the following persons who are determined

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

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

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

  2  availability of moneys and any limitations established by the

  3  General Appropriations Act or chapter 216.

  4         (9)  A woman who has not attained 65 years of age and

  5  who has been screened for breast or cervical cancer by a

  6  qualified entity under the Mary Brogan Breast and Cervical

  7  Cancer Early Detection Program of the Department of Health and

  8  needs treatment for breast or cervical cancer and is not

  9  otherwise covered under creditable coverage, as defined in s.

10  2701(c) of the Public Health Service Act. For purposes of this

11  subsection, a "qualified entity" is a county health department

12  or other entity which has contracted with the Department of

13  Health to provide breast and cervical cancer screening

14  services funded pursuant to s. 381.93. In determining the

15  eligibility of such a woman, an assets test is not required. A

16  presumptive eligibility period begins on the date on which all

17  eligibility criteria appear to be met and ends on the date

18  determination is made with respect to the eligibility of such

19  woman for services under the state plan or, in the case of

20  such a woman who does not file an application, by the last day

21  of the month following the month during which the presumptive

22  eligibility determination is made. A woman is eligible until

23  she gains creditable coverage, until treatment is no longer

24  necessary, or until attainment of 65 years of age.

25         Section 3.  This act shall take effect July 1, 2001.

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                         ADDITIONAL SPONSORS
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  4  Bendross-Mindingall, Joyner, Cusack, Machek, Romeo, McGriff

  5  and Justice

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