House Bill hb0715e1

                                CS/HBs 715 & 1355, First Engrossed



  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 that funding

19         is contingent upon specific appropriation;

20         providing for monitoring of Medicaid

21         expenditures; requiring an annual report;

22         providing an effective date.

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

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26         Section 1.  Section 381.93, Florida Statutes, is

27  created to read:

28         381.93  Mary Brogan Breast and Cervical Cancer Early

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

30  Brogan Breast and Cervical Cancer Early Detection Program

31  Act."


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                                CS/HBs 715 & 1355, First Engrossed



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

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

  3  diagnosis and increased access to early screening, diagnosis,

  4  and treatment programs.

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

  6  funds and state funds appropriated for that purpose, is

  7  authorized to establish the Mary Brogan Breast and Cervical

  8  Cancer Early Detection Program to provide screening,

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

10  referral to the Agency for Health Care Administration for

11  treatment.

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

13  Detection Program shall be funded through grants for such

14  screening and early detection purposes from the federal

15  Centers for Disease Control and Prevention under Title XV of

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

17         (4)  The department shall limit enrollment in the

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

19  federal poverty level. The department shall establish an

20  eligibility process which includes an income verification

21  process to ensure that persons served under the program meet

22  income guidelines.

23         (5)  The department may provide other breast and

24  cervical cancer screening and diagnostic services; however,

25  such services shall be funded through sources of funds other

26  than those provided in this section.

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

28  Florida Statutes, to read:

29         409.904  Optional payments for eligible persons.--The

30  agency may make payments for medical assistance and related

31  services on behalf of the following persons who are determined


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                                CS/HBs 715 & 1355, First Engrossed



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

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

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

  4  availability of moneys and any limitations established by the

  5  General Appropriations Act or chapter 216.

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

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

  8  qualified entity under the Mary Brogan Breast and Cervical

  9  Cancer Early Detection Program of the Department of Health and

10  needs treatment for breast or cervical cancer and is not

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

12  2701(c) of the Public Health Service Act. For purposes of this

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

14  or other entity which has contracted with the Department of

15  Health to provide breast and cervical cancer screening

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

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

18  presumptive eligibility period begins on the date on which all

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

20  determination is made with respect to the eligibility of such

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

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

23  of the month following the month during which the presumptive

24  eligibility determination is made. A woman is eligible until

25  she gains creditable coverage, until treatment is no longer

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

27         Section 3.  Implementation of the provisions of this

28  act is contingent upon specific appropriation therefore.

29         Section 4.  The Department of Health and the Agency for

30  Health Care Administration shall monitor the total Medicaid

31  expenditures for services provided under this act. In the


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                                CS/HBs 715 & 1355, First Engrossed



  1  event that Medicaid expenditures are projected to exceed the

  2  amount appropriated, the Department of Health shall limit the

  3  number of screenings to ensure that Medicaid expenditures

  4  remain within appropriation. The Department of Health, in

  5  cooperation with the Agency for Health Care Administration,

  6  shall prepare an annual report which shall include the number

  7  of women screened, the percentage of positive and negative

  8  outcomes, the number of referrals to Medicaid and other

  9  providers for treatment services, the estimated number of

10  women not screened or not served by Medicaid due to

11  appropriation limitations, if any, the cost of Medicaid

12  treatment services, and the estimated cost of treatment

13  services for women not screened or referred due to

14  appropriation limitations. This report shall be submitted to

15  the President of the Senate, the Speaker of the House of

16  Representatives, and the Executive Office of the Governor by

17  March 1 of each year.

18         Section 5.  This act shall take effect July 1, 2001.

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