1 | A bill to be entitled |
2 | An act relating to Medicaid eligibility; amending s. |
3 | 409.902, F.S.; providing asset transfer limitations for |
4 | determination of eligibility for nursing facility services |
5 | under the Medicaid program; authorizing the Department of |
6 | Children and Family Services to adopt rules; providing a |
7 | contingent effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Section 409.902, Florida Statutes, is amended |
12 | to read: |
13 | 409.902 Designated single state agency; payment |
14 | requirements; program title; release of medical records; |
15 | eligibility requirements.-- |
16 | (1) The Agency for Health Care Administration is |
17 | designated as the single state agency authorized to make |
18 | payments for medical assistance and related services under Title |
19 | XIX of the Social Security Act. These payments shall be made, |
20 | subject to any limitations or directions provided for in the |
21 | General Appropriations Act, only for services included in the |
22 | program, shall be made only on behalf of eligible individuals, |
23 | and shall be made only to qualified providers in accordance with |
24 | federal requirements for Title XIX of the Social Security Act |
25 | and the provisions of state law. This program of medical |
26 | assistance is designated the "Medicaid program." The Department |
27 | of Children and Family Services is responsible for Medicaid |
28 | eligibility determinations, including, but not limited to, |
29 | policy, rules, and the agreement with the Social Security |
30 | Administration for Medicaid eligibility determinations for |
31 | Supplemental Security Income recipients, as well as the actual |
32 | determination of eligibility. As a condition of Medicaid |
33 | eligibility, subject to federal approval, the Agency for Health |
34 | Care Administration and the Department of Children and Family |
35 | Services shall ensure that each recipient of Medicaid consents |
36 | to the release of her or his medical records to the Agency for |
37 | Health Care Administration and the Medicaid Fraud Control Unit |
38 | of the Department of Legal Affairs. |
39 | (2)(a) In determining eligibility for nursing facility |
40 | services under the Medicaid program, the Department of Children |
41 | and Family Services shall apply the following asset transfer |
42 | limitations effective for transfers made after October 1, 2005: |
43 | 1. All transfers of assets for less than fair market value |
44 | are prohibited. |
45 | 2. All transfers of assets for less than fair market |
46 | value, including transfers of assets to trusts, are subject to a |
47 | 72-month look-back period. |
48 | 3. The penalty period associated with all transfers of |
49 | assets for less than fair market value begins on the first day |
50 | of the month in which an individual applies for medical |
51 | assistance and is otherwise eligible. For recipients of medical |
52 | assistance, the penalty period begins on the first day of the |
53 | month in which the Department of Children and Family Services or |
54 | the Agency for Health Care Administration becomes aware of the |
55 | transfer or on the first day of the month following a period of |
56 | ineligibility that existed when the transfer was made. |
57 | 4. Transfers of the eligible individual's interest in a |
58 | homestead for less than fair market value are prohibited even to |
59 | those relatives specified under federal law; however, the |
60 | homestead retains its excluded status so long as the specified |
61 | relative continues to reside in the household. |
62 | 5. Transfers of assets to community spouses for less than |
63 | fair market value after medical assistance eligibility is |
64 | established are permitted only up to the amount of the asset |
65 | threshold for spousal impoverishment. |
66 | 6. Payments for care or personal services provided by a |
67 | relative are prohibited, unless the compensation was stipulated |
68 | in a notarized written agreement that was in existence when the |
69 | service was performed; the care or services directly benefited |
70 | the person, are reasonably related to the person's health |
71 | condition, and do not duplicate services otherwise provided by |
72 | Medicaid; and the payments made represent reasonable |
73 | compensation for the care or services provided. A notarized |
74 | written agreement is not required if payment for the services |
75 | was made within 60 days after the care or service was provided. |
76 | 7. Transfers of assets are prohibited to any annuity that |
77 | exceeds the value of the benefit likely to be returned to the |
78 | annuitant or the annuitant's spouse while alive, based on |
79 | estimated life expectancy using the life expectancy tables |
80 | employed by the Supplemental Security Income program or based on |
81 | a shorter life expectancy if the annuitant has a medical |
82 | condition that would shorten the annuitant's life expectancy and |
83 | that was diagnosed before funds were placed into the annuity. |
84 | The department may request and receive a physician's statement |
85 | to determine if the annuitant has a diagnosed medical condition |
86 | that would shorten the annuitant's life expectancy. If so, the |
87 | department shall determine the expected value of the benefits |
88 | based upon the physician's statement instead of using a life |
89 | expectancy table. This section applies to an annuity described |
90 | in this subparagraph that was purchased on or after October 1, |
91 | 2005, and that: |
92 | a. Is not purchased from an insurance company or financial |
93 | institution that is subject to licensing or regulation by the |
94 | Office of Insurance Regulation or a similar regulatory agency of |
95 | another state; |
96 | b. Does not pay out principal and interest in equal |
97 | monthly installments; or |
98 | c. Does not begin payment at the earliest possible date |
99 | after annuitization. |
100 | (b) The Department of Children and Family Services may |
101 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
102 | the requirements of this subsection. |
103 | Section 2. This act shall take effect July 1, 2005, except |
104 | that if any provision of subsection (2) of section 409.902, |
105 | Florida Statutes, as created by this act, is prohibited by |
106 | federal law, that provision shall take effect when federal law |
107 | is changed to permit its application or when a waiver is |
108 | received. If, by October 1, 2005, any provision of subsection |
109 | (2) of section 409.902, Florida Statutes, as created by this |
110 | act, has not taken effect because of prohibitions in federal |
111 | law, the Secretary of Health Care Administration shall apply to |
112 | the Federal Government by January 1, 2006, for a waiver of the |
113 | prohibitions in federal law or other federal authority, and the |
114 | provisions of subsection (2) of section 409.902, Florida |
115 | Statutes, as created by this act, shall take effect upon receipt |
116 | of a federal waiver or other federal approval, notification to |
117 | the Secretary of State, and publication of a notice in the |
118 | Florida Administrative Weekly to that effect. |