HB 0543

1
A bill to be entitled
2An act relating to Medicaid eligibility; amending s.
3409.902, F.S.; providing asset transfer limitations for
4determination of eligibility for nursing facility services
5under the Medicaid program; authorizing the Department of
6Children and Family Services to adopt rules; providing a
7contingent effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 409.902, Florida Statutes, is amended
12to read:
13     409.902  Designated single state agency; payment
14requirements; program title; release of medical records;
15eligibility requirements.--
16     (1)  The Agency for Health Care Administration is
17designated as the single state agency authorized to make
18payments for medical assistance and related services under Title
19XIX of the Social Security Act. These payments shall be made,
20subject to any limitations or directions provided for in the
21General Appropriations Act, only for services included in the
22program, shall be made only on behalf of eligible individuals,
23and shall be made only to qualified providers in accordance with
24federal requirements for Title XIX of the Social Security Act
25and the provisions of state law. This program of medical
26assistance is designated the "Medicaid program." The Department
27of Children and Family Services is responsible for Medicaid
28eligibility determinations, including, but not limited to,
29policy, rules, and the agreement with the Social Security
30Administration for Medicaid eligibility determinations for
31Supplemental Security Income recipients, as well as the actual
32determination of eligibility. As a condition of Medicaid
33eligibility, subject to federal approval, the Agency for Health
34Care Administration and the Department of Children and Family
35Services shall ensure that each recipient of Medicaid consents
36to the release of her or his medical records to the Agency for
37Health Care Administration and the Medicaid Fraud Control Unit
38of the Department of Legal Affairs.
39     (2)(a)  In determining eligibility for nursing facility
40services under the Medicaid program, the Department of Children
41and Family Services shall apply the following asset transfer
42limitations effective for transfers made after October 1, 2005:
43     1.  All transfers of assets for less than fair market value
44are prohibited.
45     2.  All transfers of assets for less than fair market
46value, including transfers of assets to trusts, are subject to a
4772-month look-back period.
48     3.  The penalty period associated with all transfers of
49assets for less than fair market value begins on the first day
50of the month in which an individual applies for medical
51assistance and is otherwise eligible. For recipients of medical
52assistance, the penalty period begins on the first day of the
53month in which the Department of Children and Family Services or
54the Agency for Health Care Administration becomes aware of the
55transfer or on the first day of the month following a period of
56ineligibility that existed when the transfer was made.
57     4.  Transfers of the eligible individual's interest in a
58homestead for less than fair market value are prohibited even to
59those relatives specified under federal law; however, the
60homestead retains its excluded status so long as the specified
61relative continues to reside in the household.
62     5.  Transfers of assets to community spouses for less than
63fair market value after medical assistance eligibility is
64established are permitted only up to the amount of the asset
65threshold for spousal impoverishment.
66     6.  Payments for care or personal services provided by a
67relative are prohibited, unless the compensation was stipulated
68in a notarized written agreement that was in existence when the
69service was performed; the care or services directly benefited
70the person, are reasonably related to the person's health
71condition, and do not duplicate services otherwise provided by
72Medicaid; and the payments made represent reasonable
73compensation for the care or services provided. A notarized
74written agreement is not required if payment for the services
75was made within 60 days after the care or service was provided.
76     7.  Transfers of assets are prohibited to any annuity that
77exceeds the value of the benefit likely to be returned to the
78annuitant or the annuitant's spouse while alive, based on
79estimated life expectancy using the life expectancy tables
80employed by the Supplemental Security Income program or based on
81a shorter life expectancy if the annuitant has a medical
82condition that would shorten the annuitant's life expectancy and
83that was diagnosed before funds were placed into the annuity.
84The department may request and receive a physician's statement
85to determine if the annuitant has a diagnosed medical condition
86that would shorten the annuitant's life expectancy. If so, the
87department shall determine the expected value of the benefits
88based upon the physician's statement instead of using a life
89expectancy table. This section applies to an annuity described
90in this subparagraph that was purchased on or after October 1,
912005, and that:
92     a.  Is not purchased from an insurance company or financial
93institution that is subject to licensing or regulation by the
94Office of Insurance Regulation or a similar regulatory agency of
95another state;
96     b.  Does not pay out principal and interest in equal
97monthly installments; or
98     c.  Does not begin payment at the earliest possible date
99after annuitization.
100     (b)  The Department of Children and Family Services may
101adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
102the requirements of this subsection.
103     Section 2.  This act shall take effect July 1, 2005, except
104that if any provision of subsection (2) of section 409.902,
105Florida Statutes, as created by this act, is prohibited by
106federal law, that provision shall take effect when federal law
107is changed to permit its application or when a waiver is
108received. If, by October 1, 2005, any provision of subsection
109(2) of section 409.902, Florida Statutes, as created by this
110act, has not taken effect because of prohibitions in federal
111law, the Secretary of Health Care Administration shall apply to
112the Federal Government by January 1, 2006, for a waiver of the
113prohibitions in federal law or other federal authority, and the
114provisions of subsection (2) of section 409.902, Florida
115Statutes, as created by this act, shall take effect upon receipt
116of a federal waiver or other federal approval, notification to
117the Secretary of State, and publication of a notice in the
118Florida Administrative Weekly to that effect.


CODING: Words stricken are deletions; words underlined are additions.