SENATE AMENDMENT
    Bill No. CS for SB 1108, 1st Eng.
    Amendment No. ___   Barcode 091568
                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 54, between lines 28 and 29,
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16  insert:  
17         Section 17.  Section 624.91, Florida Statutes, is
18  amended to read:
19         624.91  The Florida Healthy Kids Corporation Act.--
20         (1)  SHORT TITLE.--This section may be cited as the
21  "William G. 'Doc' Myers Healthy Kids Corporation Act."
22         (2)  LEGISLATIVE INTENT.--
23         (a)  The Legislature finds that increased access to
24  health care services could improve children's health and
25  reduce the incidence and costs of childhood illness and
26  disabilities among children in this state. Many children do
27  not have comprehensive, affordable health care services
28  available.  It is the intent of the Legislature that the
29  Florida Healthy Kids Corporation provide comprehensive health
30  insurance coverage to such children. The corporation is
31  encouraged to cooperate with any existing health service
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SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 programs funded by the public or the private sector and to 2 work cooperatively with the Florida Partnership for School 3 Readiness. 4 (b) It is the intent of the Legislature that the 5 Florida Healthy Kids Corporation serve as one of several 6 providers of services to children eligible for medical 7 assistance under Title XXI of the Social Security Act. 8 Although the corporation may serve other children, the 9 Legislature intends the primary recipients of services 10 provided through the corporation be school-age children with a 11 family income below 200 percent of the federal poverty level, 12 who do not qualify for Medicaid. It is also the intent of the 13 Legislature that state and local government Florida Healthy 14 Kids funds, to the extent permissible under federal law, be 15 used to continue and expand coverage, within available 16 appropriations, to children not eligible for federal matching 17 funds under Title XXI obtain matching federal dollars. 18 (3) NONENTITLEMENT.--Nothing in this section shall be 19 construed as providing an individual with an entitlement to 20 health care services. No cause of action shall arise against 21 the state, the Florida Healthy Kids Corporation, or a unit of 22 local government for failure to make health services available 23 under this section. 24 (4) CORPORATION AUTHORIZATION, DUTIES, POWERS.-- 25 (a) There is created the Florida Healthy Kids 26 Corporation, a not-for-profit corporation which operates on 27 sites designated by the corporation. 28 (b) The Florida Healthy Kids Corporation shall phase 29 in a program to: 30 1. Organize school children groups to facilitate the 31 provision of comprehensive health insurance coverage to 2 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 children; 2 2. Arrange for the collection of any family, local 3 contributions, or employer payment or premium, in an amount to 4 be determined by the board of directors, to provide for 5 payment of premiums for comprehensive insurance coverage and 6 for the actual or estimated administrative expenses; 7 3. Arrange for the collection of any voluntary 8 contributions to provide for payment of premiums for children 9 who are not eligible for medical assistance under Title XXI of 10 the Social Security Act. Each fiscal year, the corporation 11 shall establish a local-match policy for the enrollment of 12 non-Title XXI eligible children in the Healthy Kids program. 13 By May 1 of each year, the corporation shall provide written 14 notification of the amount to be remitted to the corporation 15 for the following fiscal year under that policy. Local-match 16 sources may include, but are not limited to, funds provided by 17 municipalities, counties, school boards, hospitals, health 18 care providers, charitable organizations, special taxing 19 districts, and private organizations. The minimum local-match 20 cash contributions required each fiscal year and local-match 21 credits shall be determined by the General Appropriations Act. 22 The corporation shall calculate a county's local-match rate 23 based upon that county's percentage of the state's total 24 non-Title XXI expenditures as reported in the corporation's 25 most recently audited financial statement. In awarding the 26 local-match credits, the corporation may consider factors 27 including, but not limited to, population density, per-capita 28 income, existing child-health-related expenditures and 29 services in awarding the credits. 30 4. Accept voluntary supplemental local-match 31 contributions that comply with the requirements of Title XXI 3 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 of the Social Security Act for the purpose of providing 2 additional coverage in contributing counties under Title XXI. 3 5.3. Establish the administrative and accounting 4 procedures for the operation of the corporation; 5 6.4. Establish, with consultation from appropriate 6 professional organizations, standards for preventive health 7 services and providers and comprehensive insurance benefits 8 appropriate to children; provided that such standards for 9 rural areas shall not limit primary care providers to 10 board-certified pediatricians; 11 7.5. Establish eligibility criteria which children 12 must meet in order to participate in the program; 13 8.6. Establish procedures under which providers of 14 local match to, applicants to and participants in the program 15 may have grievances reviewed by an impartial body and reported 16 to the board of directors of the corporation; 17 9.7. Establish participation criteria and, if 18 appropriate, contract with an authorized insurer, health 19 maintenance organization, or insurance administrator to 20 provide administrative services to the corporation; 21 10.8. Establish enrollment criteria which shall 22 include penalties or waiting periods of not fewer than 60 days 23 for reinstatement of coverage upon voluntary cancellation for 24 nonpayment of family premiums; 25 11.9. If a space is available, establish a special 26 open enrollment period of 30 days' duration for any child who 27 is enrolled in Medicaid or Medikids if such child loses 28 Medicaid or Medikids eligibility and becomes eligible for the 29 Florida Healthy Kids program; 30 12.10. Contract with authorized insurers or any 31 provider of health care services, meeting standards 4 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 established by the corporation, for the provision of 2 comprehensive insurance coverage to participants. Such 3 standards shall include criteria under which the corporation 4 may contract with more than one provider of health care 5 services in program sites. Health plans shall be selected 6 through a competitive bid process. The selection of health 7 plans shall be based primarily on quality criteria established 8 by the board. The health plan selection criteria and scoring 9 system, and the scoring results, shall be available upon 10 request for inspection after the bids have been awarded; 11 13. Establish disenrollment criteria in the event 12 local matching funds are insufficient to cover enrollments. 13 14.11. Develop and implement a plan to publicize the 14 Florida Healthy Kids Corporation, the eligibility requirements 15 of the program, and the procedures for enrollment in the 16 program and to maintain public awareness of the corporation 17 and the program; 18 15.12. Secure staff necessary to properly administer 19 the corporation. Staff costs shall be funded from state and 20 local matching funds and such other private or public funds as 21 become available. The board of directors shall determine the 22 number of staff members necessary to administer the 23 corporation; 24 16.13. As appropriate, enter into contracts with local 25 school boards or other agencies to provide onsite information, 26 enrollment, and other services necessary to the operation of 27 the corporation; 28 17.14. Provide a report on an annual basis to the 29 Governor, Insurance Commissioner, Commissioner of Education, 30 Senate President, Speaker of the House of Representatives, and 31 Minority Leaders of the Senate and the House of 5 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 Representatives; 2 18.15. Each fiscal year, establish a maximum number of 3 participants by county, on a statewide basis, who may enroll 4 in the program; and without the benefit of local matching 5 funds. Thereafter, the corporation may establish local 6 matching requirements for supplemental participation in the 7 program. The corporation may vary local matching requirements 8 and enrollment by county depending on factors which may 9 influence the generation of local match, including, but not 10 limited to, population density, per capita income, existing 11 local tax effort, and other factors. The corporation also may 12 accept in-kind match in lieu of cash for the local match 13 requirement to the extent allowed by Title XXI of the Social 14 Security Act; and 15 19.16. Establish eligibility criteria, premium and 16 cost-sharing requirements, and benefit packages which conform 17 to the provisions of the Florida Kidcare program, as created 18 in ss. 409.810-409.820. 19 (c) Coverage under the corporation's program is 20 secondary to any other available private coverage held by the 21 participant child or family member. The corporation may 22 establish procedures for coordinating benefits under this 23 program with benefits under other public and private coverage. 24 (d) The Florida Healthy Kids Corporation shall be a 25 private corporation not for profit, organized pursuant to 26 chapter 617, and shall have all powers necessary to carry out 27 the purposes of this act, including, but not limited to, the 28 power to receive and accept grants, loans, or advances of 29 funds from any public or private agency and to receive and 30 accept from any source contributions of money, property, 31 labor, or any other thing of value, to be held, used, and 6 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 applied for the purposes of this act. 2 (5) BOARD OF DIRECTORS.-- 3 (a) The Florida Healthy Kids Corporation shall operate 4 subject to the supervision and approval of a board of 5 directors chaired by the Insurance Commissioner or her or his 6 designee, and composed of 14 12 other members selected for 7 3-year terms of office as follows: 8 1. One member appointed by the Commissioner of 9 Education from among three persons nominated by the Florida 10 Association of School Administrators; 11 2. One member appointed by the Commissioner of 12 Education from among three persons nominated by the Florida 13 Association of School Boards; 14 3. One member appointed by the Commissioner of 15 Education from the Office of School Health Programs of the 16 Florida Department of Education; 17 4. One member appointed by the Governor from among 18 three members nominated by the Florida Pediatric Society; 19 5. One member, appointed by the Governor, who 20 represents the Children's Medical Services Program; 21 6. One member appointed by the Insurance Commissioner 22 from among three members nominated by the Florida Hospital 23 Association; 24 7. Two members, appointed by the Insurance 25 Commissioner, who are representatives of authorized health 26 care insurers or health maintenance organizations; 27 8. One member, appointed by the Insurance 28 Commissioner, who represents the Institute for Child Health 29 Policy; 30 9. One member, appointed by the Governor, from among 31 three members nominated by the Florida Academy of Family 7 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 Physicians; 2 10. One member, appointed by the Governor, who 3 represents the Agency for Health Care Administration; and 4 11. The State Health Officer or her or his designee;. 5 12. One member, appointed by the Insurance 6 Commissioner from among three members nominated by the Florida 7 Association of Counties, representing rural counties; and 8 13. One member, appointed by the Governor from among 9 three members nominated by the Florida Association of 10 Counties, representing urban counties. 11 (b) A member of the board of directors may be removed 12 by the official who appointed that member. The board shall 13 appoint an executive director, who is responsible for other 14 staff authorized by the board. 15 (c) Board members are entitled to receive, from funds 16 of the corporation, reimbursement for per diem and travel 17 expenses as provided by s. 112.061. 18 (d) There shall be no liability on the part of, and no 19 cause of action shall arise against, any member of the board 20 of directors, or its employees or agents, for any action they 21 take in the performance of their powers and duties under this 22 act. 23 (6) LICENSING NOT REQUIRED; FISCAL OPERATION.-- 24 (a) The corporation shall not be deemed an insurer. 25 The officers, directors, and employees of the corporation 26 shall not be deemed to be agents of an insurer. Neither the 27 corporation nor any officer, director, or employee of the 28 corporation is subject to the licensing requirements of the 29 insurance code or the rules of the Department of Insurance. 30 However, any marketing representative utilized and compensated 31 by the corporation must be appointed as a representative of 8 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 the insurers or health services providers with which the 2 corporation contracts. 3 (b) The board has complete fiscal control over the 4 corporation and is responsible for all corporate operations. 5 (c) The Department of Insurance shall supervise any 6 liquidation or dissolution of the corporation and shall have, 7 with respect to such liquidation or dissolution, all power 8 granted to it pursuant to the insurance code. 9 (7) ACCESS TO RECORDS; CONFIDENTIALITY; 10 PENALTIES.--Notwithstanding any other laws to the contrary, 11 the Florida Healthy Kids Corporation shall have access to the 12 medical records of a student upon receipt of permission from a 13 parent or guardian of the student. Such medical records may 14 be maintained by state and local agencies. Any identifying 15 information, including medical records and family financial 16 information, obtained by the corporation pursuant to this 17 subsection is confidential and is exempt from the provisions 18 of s. 119.07(1). Neither the corporation nor the staff or 19 agents of the corporation may release, without the written 20 consent of the participant or the parent or guardian of the 21 participant, to any state or federal agency, to any private 22 business or person, or to any other entity, any confidential 23 information received pursuant to this subsection. A violation 24 of this subsection is a misdemeanor of the second degree, 25 punishable as provided in s. 775.082 or s. 775.083. 26 27 (Redesignate subsequent sections.) 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 9 8:49 AM 03/21/02 s1108c1c-38ru2
SENATE AMENDMENT Bill No. CS for SB 1108, 1st Eng. Amendment No. ___ Barcode 091568 1 On page 2, line 16, after the semicolon 2 3 insert: 4 amending s. 624.91, F.S.; revising duties of 5 the Florida Healthy Kids Corporation with 6 respect to annual determination of 7 participation in the Healthy Kids Program; 8 prescribing duties of the corporation in 9 establishing local match requirements; revising 10 the composition of the board of directors; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 8:49 AM 03/21/02 s1108c1c-38ru2