HB 1365CS

CHAMBER ACTION




1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Florida KidCare program; amending
8s. 409.811, F.S.; defining the terms "Healthy Kids" and
9"maximum income threshold"; amending s. 409.8132, F.S.;
10providing that eligibility for the Florida KidCare program
11be at or below the maximum income threshold rather than a
12specified percentage of the federal poverty level;
13conforming and updating references; amending s. 409.8134,
14F.S.; conforming provisions to changes made by the act;
15amending s. 409.814, F.S.; requiring that eligibility for
16the Florida KidCare program be at or below the maximum
17income threshold rather than a specified percentage of the
18federal poverty level; providing that certain specified
19children are eligible for nonfederal premium assistance
20for health insurance; providing that a child whose family
21income is above the maximum income threshold may
22participate in the Florida KidCare program but is subject
23to certain conditions; amending s. 409.816, F.S.;
24conforming a cross-reference; amending s. 409.818, F.S.;
25requiring the Agency for Health Care Administration to
26seek approval from the federal Centers for Medicare and
27Medicaid Services to use the highest maximum income
28threshold allowed by federal law or regulation, which is
29up to 300 percent of the most recently stated federal
30poverty limit; providing an alternative eligibility
31standard pending approval of the request; amending s.
32409.821, F.S., relating to a public-records exemption;
33specifying that such provision does not prohibit an
34enrollee's parent or legal guardian from obtaining
35confirmation of coverage and dates of coverage; amending
36s. 624.91, F.S.; conforming provisions to changes made by
37the act; revising the powers of the Florida Healthy Kids
38Corporation; authorizing participating health and dental
39plans to develop marketing and other promotional materials
40and to participate in activities to promote the Florida
41Healthy Kids Corporation; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 409.811, Florida Statutes, is amended
46to read:
47     409.811  Definitions relating to Florida KidCare Act.--As
48used in ss. 409.810-409.820, the term:
49     (1)  "Actuarially equivalent" means that:
50     (a)  The aggregate value of the benefits included in health
51benefits coverage is equal to the value of the benefits in the
52benchmark benefit plan; and
53     (b)  The benefits included in health benefits coverage are
54substantially similar to the benefits included in the benchmark
55benefit plan, except that preventive health services must be the
56same as in the benchmark benefit plan.
57     (2)  "Agency" means the Agency for Health Care
58Administration.
59     (3)  "Applicant" means a parent or guardian of a child or a
60child whose disability of nonage has been removed under chapter
61743, who applies for determination of eligibility for health
62benefits coverage under ss. 409.810-409.820.
63     (4)  "Benchmark benefit plan" means the form and level of
64health benefits coverage established in s. 409.815.
65     (5)  "Child" means any person under 19 years of age.
66     (6)  "Child with special health care needs" means a child
67whose serious or chronic physical or developmental condition
68requires extensive preventive and maintenance care beyond that
69required by typically healthy children. Health care utilization
70by such a child exceeds the statistically expected usage of the
71normal child adjusted for chronological age, and such a child
72often needs complex care requiring multiple providers,
73rehabilitation services, and specialized equipment in a number
74of different settings.
75     (7)  "Children's Medical Services Network" or "network"
76means a statewide managed care service system as defined in s.
77391.021(1).
78     (8)  "Community rate" means a method used to develop
79premiums for a health insurance plan that spreads financial risk
80across a large population and allows adjustments only for age,
81gender, family composition, and geographic area.
82     (9)  "Department" means the Department of Health.
83     (10)  "Enrollee" means a child who has been determined
84eligible for and is receiving coverage under ss. 409.810-
85409.820.
86     (11)  "Enrollment ceiling" means the maximum number of
87children receiving premium assistance payments, excluding
88children enrolled in Medicaid, that may be enrolled at any time
89in the Florida KidCare program. The maximum number shall be
90established annually in the General Appropriations Act or by
91general law.
92     (12)  "Family" means the group or the individuals whose
93income is considered in determining eligibility for the Florida
94KidCare program. The family includes a child with a custodial
95parent or caretaker relative who resides in the same house or
96living unit or, in the case of a child whose disability of
97nonage has been removed under chapter 743, the child. The family
98may also include other individuals whose income and resources
99are considered in whole or in part in determining eligibility of
100the child.
101     (13)  "Family income" means cash received at periodic
102intervals from any source, such as wages, benefits,
103contributions, or rental property. Income also may include any
104money that would have been counted as income under the Aid to
105Families with Dependent Children (AFDC) state plan in effect
106prior to August 22, 1996.
107     (14)  "Florida KidCare program," "KidCare program," or
108"program" means the health benefits program administered through
109ss. 409.810-409.820.
110     (15)  "Guarantee issue" means that health benefits coverage
111must be offered to an individual regardless of the individual's
112health status, preexisting condition, or claims history.
113     (16)  "Health benefits coverage" means protection that
114provides payment of benefits for covered health care services or
115that otherwise provides, either directly or through arrangements
116with other persons, covered health care services on a prepaid
117per capita basis or on a prepaid aggregate fixed-sum basis.
118     (17)  "Health insurance plan" means health benefits
119coverage under the following:
120     (a)  A health plan offered by any certified health
121maintenance organization or authorized health insurer, except a
122plan that is limited to the following: a limited benefit,
123specified disease, or specified accident; hospital indemnity;
124accident only; limited benefit convalescent care; Medicare
125supplement; credit disability; dental; vision; long-term care;
126disability income; coverage issued as a supplement to another
127health plan; workers' compensation liability or other insurance;
128or motor vehicle medical payment only; or
129     (b)  An employee welfare benefit plan that includes health
130benefits established under the Employee Retirement Income
131Security Act of 1974, as amended.
132     (18)  "Healthy Kids" means a component of the Florida
133KidCare program of medical assistance for children 5 through 18
134years of age as authorized under s. 624.91 and administered by
135the Florida Healthy Kids Corporation.
136     (19)  "Maximum income threshold" means a percentage of the
137current federal poverty level used to determine eligibility for
138certain program components, as approved by federal waiver or an
139amendment to the state plan.
140     (20)(18)  "Medicaid" means the medical assistance program
141authorized by Title XIX of the Social Security Act, and
142regulations thereunder, and ss. 409.901-409.920, as administered
143in this state by the agency.
144     (21)(19)  "Medically necessary" means the use of any
145medical treatment, service, equipment, or supply necessary to
146palliate the effects of a terminal condition, or to prevent,
147diagnose, correct, cure, alleviate, or preclude deterioration of
148a condition that threatens life, causes pain or suffering, or
149results in illness or infirmity and which is:
150     (a)  Consistent with the symptom, diagnosis, and treatment
151of the enrollee's condition;
152     (b)  Provided in accordance with generally accepted
153standards of medical practice;
154     (c)  Not primarily intended for the convenience of the
155enrollee, the enrollee's family, or the health care provider;
156     (d)  The most appropriate level of supply or service for
157the diagnosis and treatment of the enrollee's condition; and
158     (e)  Approved by the appropriate medical body or health
159care specialty involved as effective, appropriate, and essential
160for the care and treatment of the enrollee's condition.
161     (22)(20)  "Medikids" means a component of the Florida
162KidCare program of medical assistance authorized by Title XXI of
163the Social Security Act, and regulations thereunder, and s.
164409.8132, as administered in the state by the agency.
165     (23)(21)  "Preexisting condition exclusion" means, with
166respect to coverage, a limitation or exclusion of benefits
167relating to a condition based on the fact that the condition was
168present before the date of enrollment for such coverage, whether
169or not any medical advice, diagnosis, care, or treatment was
170recommended or received before such date.
171     (24)(22)  "Premium" means the entire cost of a health
172insurance plan, including the administration fee or the risk
173assumption charge.
174     (25)(23)  "Premium assistance payment" means the monthly
175consideration paid by the agency per enrollee in the Florida
176KidCare program towards health insurance premiums.
177     (26)(24)  "Qualified alien" means an alien as defined in s.
178431 of the Personal Responsibility and Work Opportunity
179Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.
180     (27)(25)  "Resident" means a United States citizen, or
181qualified alien, who is domiciled in this state.
182     (28)(26)  "Rural county" means a county having a population
183density of less than 100 persons per square mile, or a county
184defined by the most recent United States Census as rural, in
185which there is no prepaid health plan participating in the
186Medicaid program as of July 1, 1998.
187     (29)(27)  "Substantially similar" means that, with respect
188to additional services as defined in s. 2103(c)(2) of Title XXI
189of the Social Security Act, these services must have an
190actuarial value equal to at least 75 percent of the actuarial
191value of the coverage for that service in the benchmark benefit
192plan and, with respect to the basic services as defined in s.
1932103(c)(1) of Title XXI of the Social Security Act, these
194services must be the same as the services in the benchmark
195benefit plan.
196     Section 2.  Subsections (6) and (7) of section 409.8132,
197Florida Statutes, are amended to read:
198     409.8132  Medikids program component.--
199     (6)  ELIGIBILITY.--
200     (a)  A child who has attained the age of 1 year but who is
201under the age of 5 years is eligible to enroll in the Medikids
202program component of the Florida KidCare program, if the child
203is a member of a family that has a family income which exceeds
204the Medicaid applicable income level as specified in s. 409.903,
205but which is equal to or below the maximum income threshold 200
206percent of the current federal poverty level.  In determining
207the eligibility of such a child, an assets test is not required.
208A child who is eligible for Medikids may elect to enroll in
209Florida Healthy Kids coverage or employer-sponsored group
210coverage. However, a child who is eligible for Medikids may
211participate in the Florida Healthy Kids program only if the
212child has a sibling participating in the Florida Healthy Kids
213program and the child's county of residence permits such
214enrollment.
215     (b)  The provisions of s. 409.814(3), (4), and (5), and (6)
216are shall be applicable to the Medikids program.
217     (7)  ENROLLMENT.--Enrollment in the Medikids program
218component may occur at any time throughout the year. A child may
219not receive services under the Medikids program until the child
220is enrolled in a managed care plan or MediPass. Once determined
221eligible, an applicant may receive choice counseling and select
222a managed care plan or MediPass. The agency may initiate
223mandatory assignment for a Medikids applicant who has not chosen
224a managed care plan or MediPass provider after the applicant's
225voluntary choice period ends. An applicant may select MediPass
226under the Medikids program component only in counties that have
227fewer than two managed care plans available to serve Medicaid
228recipients and only if the federal Centers for Medicare and
229Medicaid Services Health Care Financing Administration
230determines that MediPass constitutes "health insurance coverage"
231as defined in Title XXI of the Social Security Act.
232     Section 3.  Subsection (2) of section 409.8134, Florida
233Statutes, is amended to read:
234     409.8134  Program enrollment and expenditure ceilings.--
235     (2)  The Florida KidCare program may conduct enrollment at
236any time throughout the year for the purpose of enrolling
237children eligible for all program components listed in s.
238409.813 except Medicaid. The four Florida KidCare administrators
239shall work together to ensure that the year-round enrollment
240period is announced statewide. Eligible children shall be
241enrolled on a first-come, first-served basis using the date the
242enrollment application is received. Enrollment shall immediately
243cease when the enrollment ceiling is reached. Year-round
244enrollment shall only be held if the Social Services Estimating
245Conference determines that sufficient federal and state funds
246will be available to finance the increased enrollment through
247federal fiscal year 2007. Any individual who is not enrolled
248must reapply by submitting a new application. The application
249for the Florida KidCare program is shall be valid for a period
250of 120 days after the date it was received. At the end of the
251120-day period, if the applicant has not been enrolled in the
252program, the application is shall be invalid and the applicant
253shall be notified of the action. The applicant may resubmit the
254application after notification of the action taken by the
255program. Except for the Medicaid program, whenever the Social
256Services Estimating Conference determines that there are
257presently, or will be by the end of the current fiscal year,
258insufficient funds to finance the current or projected
259enrollment in the Florida KidCare program, all additional
260enrollment must cease and additional enrollment may not resume
261until sufficient funds are available to finance the such
262enrollment.
263     Section 4.  Section 409.814, Florida Statutes, is amended
264to read:
265     409.814  Eligibility.--A child who has not reached 19 years
266of age whose family income is equal to or below the maximum
267income threshold 200 percent of the federal poverty level is
268eligible for the Florida KidCare program as provided in this
269section. For enrollment in the Children's Medical Services
270Network, a complete application includes the medical or
271behavioral health screening. If, subsequently, an individual is
272determined to be ineligible for coverage, he or she must
273immediately be disenrolled from the respective Florida KidCare
274program component.
275     (1)  A child who is eligible for Medicaid coverage under s.
276409.903 or s. 409.904 must be enrolled in Medicaid and is not
277eligible to receive health benefits under any other health
278benefits coverage authorized under the Florida KidCare program.
279     (2)  A child who is not eligible for Medicaid, but who is
280eligible for the Florida KidCare program, may obtain health
281benefits coverage under any of the other components listed in s.
282409.813 if such coverage is approved and available in the county
283in which the child resides. However, a child who is eligible for
284Medikids may participate in the Florida Healthy Kids program
285only if the child has a sibling participating in the Florida
286Healthy Kids program and the child's county of residence permits
287such enrollment.
288     (3)  A child who is eligible for the Florida KidCare
289program who is a child with special health care needs, as
290determined through a medical or behavioral screening instrument,
291is eligible for health benefits coverage from and shall be
292referred to the Children's Medical Services Network.
293     (4)  The following children are not eligible to receive
294federal premium assistance for health benefits coverage under
295the Florida KidCare program, except under Medicaid if the child
296would have been eligible for Medicaid under s. 409.903 or s.
297409.904 as of June 1, 1997:
298     (a)  A child who is eligible for coverage under a state
299health benefit plan on the basis of a family member's employment
300with a public agency in the state.
301     (b)  A child who is currently eligible for or covered under
302a family member's group health benefit plan or under other
303employer health insurance coverage, excluding coverage provided
304under the Florida Healthy Kids Corporation as established under
305s. 624.91, provided that the cost of the child's participation
306is not greater than 5 percent of the family's income. This
307provision shall be applied during redetermination for children
308who were enrolled prior to July 1, 2004. These enrollees shall
309have 6 months of eligibility following redetermination to allow
310for a transition to the other health benefit plan.
311     (c)  A child who is seeking premium assistance for the
312Florida KidCare program through employer-sponsored group
313coverage, if the child has been covered by the same employer's
314group coverage during the 6 months prior to the family's
315submitting an application for determination of eligibility under
316the program.
317     (d)  A child who is an alien, but who does not meet the
318definition of qualified alien, in the United States.
319     (e)  A child who is an inmate of a public institution or a
320patient in an institution for mental diseases.
321     (f)  A child who has had his or her coverage in an
322employer-sponsored health benefit plan voluntarily canceled in
323the last 6 months, except those children who were on the waiting
324list prior to March 12, 2004.
325     (g)  A child who is otherwise eligible for KidCare and who
326has a preexisting condition that prevents coverage under another
327insurance plan as described in paragraph (b) which would have
328disqualified the child for KidCare if the child were able to
329enroll in the plan shall be eligible for KidCare coverage when
330enrollment is possible.
331     (5)  Subject to a specific appropriation for this purpose,
332the following children are eligible to receive nonfederal
333premium assistance for health benefits coverage under the
334Florida KidCare program, except under Medicaid if the child
335would have been eligible for Medicaid under s. 409.903 or s.
336409.904 as of June 1, 1997:
337     (a)  A child who is eligible for coverage under a state
338health benefit plan on the basis of a family member's employment
339with a public agency in the state.
340     (b)  A child who is an alien in the United States but who
341does not meet the definition of qualified alien.
342     (6)(5)  A child whose family income is above the maximum
343income threshold 200 percent of the federal poverty level or a
344child who is excluded under the provisions of subsection (4) may
345participate in the Florida KidCare program, excluding the
346Medicaid program, but is subject to the following provisions:
347     (a)  The family is not eligible for premium assistance
348payments and must pay the full cost of the premium, including
349any administrative costs.
350     (b)  The agency is authorized to place limits on enrollment
351in Medikids by these children in order to avoid adverse
352selection. The number of children participating in Medikids
353whose family income exceeds the maximum income threshold 200
354percent of the federal poverty level must not exceed 10 percent
355of total enrollees in the Medikids program.
356     (c)  The board of directors of the Florida Healthy Kids
357Corporation is authorized to place limits on enrollment of these
358children in order to avoid adverse selection. In addition, the
359board is authorized to offer a reduced benefit package to these
360children in order to limit program costs for such families. The
361number of children participating in the Florida Healthy Kids
362program whose family income exceeds the maximum income threshold
363200 percent of the federal poverty level must not exceed 10
364percent of total enrollees in the Florida Healthy Kids program.
365     (d)  Children described in this subsection are not counted
366in the annual enrollment ceiling for the Florida KidCare
367program.
368     (7)(6)  Once a child is enrolled in the Florida KidCare
369program, the child is eligible for coverage under the program
370for 12 months without a redetermination or reverification of
371eligibility, if the family continues to pay the applicable
372premium. Eligibility for program components funded through Title
373XXI of the Social Security Act shall terminate when a child
374attains the age of 19. Effective January 1, 1999, a child who
375has not attained the age of 5 and who has been determined
376eligible for the Medicaid program is eligible for coverage for
37712 months without a redetermination or reverification of
378eligibility.
379     (8)(7)  When determining or reviewing a child's eligibility
380under the Florida KidCare program, the applicant shall be
381provided with reasonable notice of changes in eligibility which
382may affect enrollment in one or more of the program components.
383When a transition from one program component to another is
384authorized, there shall be cooperation between the program
385components and the affected family which promotes continuity of
386health care coverage. Any authorized transfers must be managed
387within the program's overall appropriated or authorized levels
388of funding. Each component of the program shall establish a
389reserve to ensure that transfers between components will be
390accomplished within current year appropriations. These reserves
391shall be reviewed by each convening of the Social Services
392Estimating Conference to determine the adequacy of such reserves
393to meet actual experience.
394     (9)(8)  In determining the eligibility of a child, an
395assets test is not required. Each applicant shall provide
396written documentation during the application process and the
397redetermination process, including, but not limited to, the
398following:
399     (a)  Proof of family income, which must include a copy of
400the applicant's most recent federal income tax return. In the
401absence of a federal income tax return, an applicant may submit
402wages and earnings statements (pay stubs), W-2 forms, or other
403appropriate documents.
404     (b)  A statement from all family members that:
405     1.  Their employer does not sponsor a health benefit plan
406for employees; or
407     2.  The potential enrollee is not covered by the employer-
408sponsored health benefit plan because the potential enrollee is
409not eligible for coverage, or, if the potential enrollee is
410eligible but not covered, a statement of the cost to enroll the
411potential enrollee in the employer-sponsored health benefit
412plan.
413     (10)(9)  Subject to paragraph (4)(b) and s. 624.91(3), the
414Florida KidCare program shall withhold benefits from an enrollee
415if the program obtains evidence that the enrollee is no longer
416eligible, submitted incorrect or fraudulent information in order
417to establish eligibility, or failed to provide verification of
418eligibility. The applicant or enrollee shall be notified that
419because of such evidence program benefits will be withheld
420unless the applicant or enrollee contacts a designated
421representative of the program by a specified date, which must be
422within 10 days after the date of notice, to discuss and resolve
423the matter. The program shall make every effort to resolve the
424matter within a timeframe that will not cause benefits to be
425withheld from an eligible enrollee.
426     (11)(10)  The following individuals may be subject to
427prosecution in accordance with s. 414.39:
428     (a)  An applicant obtaining or attempting to obtain
429benefits for a potential enrollee under the Florida KidCare
430program when the applicant knows or should have known the
431potential enrollee does not qualify for the Florida KidCare
432program.
433     (b)  An individual who assists an applicant in obtaining or
434attempting to obtain benefits for a potential enrollee under the
435Florida KidCare program when the individual knows or should have
436known the potential enrollee does not qualify for the Florida
437KidCare program.
438     Section 5.  Subsection (3) of section 409.816, Florida
439Statutes, is amended to read:
440     409.816  Limitations on premiums and cost-sharing.--The
441following limitations on premiums and cost-sharing are
442established for the program.
443     (3)  Enrollees in families with a family income above 150
444percent of the federal poverty level, who are not receiving
445coverage under the Medicaid program or who are not eligible
446under s. 409.814(6) s. 409.814(5), may be required to pay
447enrollment fees, premiums, copayments, deductibles, coinsurance,
448or similar charges on a sliding scale related to income, except
449that the total annual aggregate cost-sharing with respect to all
450children in a family may not exceed 5 percent of the family's
451income. However, copayments, deductibles, coinsurance, or
452similar charges may not be imposed for preventive services,
453including well-baby and well-child care, age-appropriate
454immunizations, and routine hearing and vision screenings.
455     Section 6.  Subsection (3) of section 409.818, Florida
456Statutes, is amended to read:
457     409.818  Administration.--In order to implement ss.
458409.810-409.820, the following agencies shall have the following
459duties:
460     (3)  The Agency for Health Care Administration, under the
461authority granted in s. 409.914(1), shall:
462     (a)  Calculate the premium assistance payment necessary to
463comply with the premium and cost-sharing limitations specified
464in s. 409.816. The premium assistance payment for each enrollee
465in a health insurance plan participating in the Florida Healthy
466Kids Corporation shall equal the premium approved by the Florida
467Healthy Kids Corporation and the Office of Insurance Regulation
468of the Financial Services Commission pursuant to ss. 627.410 and
469641.31, less any enrollee's share of the premium established
470within the limitations specified in s. 409.816. The premium
471assistance payment for each enrollee in an employer-sponsored
472health insurance plan approved under ss. 409.810-409.820 shall
473equal the premium for the plan adjusted for any benchmark
474benefit plan actuarial equivalent benefit rider approved by the
475Office of Insurance Regulation pursuant to ss. 627.410 and
476641.31, less any enrollee's share of the premium established
477within the limitations specified in s. 409.816. In calculating
478the premium assistance payment levels for children with family
479coverage, the agency shall set the premium assistance payment
480levels for each child proportionately to the total cost of
481family coverage.
482     (b)  Annually calculate the program enrollment ceiling
483based on estimated per child premium assistance payments and the
484estimated appropriation available for the program.
485     (c)  Make premium assistance payments to health insurance
486plans on a periodic basis. The agency may use its Medicaid
487fiscal agent or a contracted third-party administrator in making
488these payments.  The agency may require health insurance plans
489that participate in the Medikids program or employer-sponsored
490group health insurance to collect premium payments from an
491enrollee's family.  Participating health insurance plans shall
492report premium payments collected on behalf of enrollees in the
493program to the agency in accordance with a schedule established
494by the agency.
495     (d)  Monitor compliance with quality assurance and access
496standards developed under s. 409.820.
497     (e)  Establish a mechanism for investigating and resolving
498complaints and grievances from program applicants, enrollees,
499and health benefits coverage providers, and maintain a record of
500complaints and confirmed problems. In the case of a child who is
501enrolled in a health maintenance organization, the agency must
502use the provisions of s. 641.511 to address grievance reporting
503and resolution requirements.
504     (f)  Approve health benefits coverage for participation in
505the program, following certification by the Office of Insurance
506Regulation under subsection (4).
507     (g)  Adopt rules necessary for calculating premium
508assistance payment levels, calculating the program enrollment
509ceiling, making premium assistance payments, monitoring access
510and quality assurance standards, investigating and resolving
511complaints and grievances, administering the Medikids program,
512and approving health benefits coverage.
513
514The agency is designated the lead state agency for Title XXI of
515the Social Security Act for purposes of receipt of federal
516funds, for reporting purposes, and for ensuring compliance with
517federal and state regulations and rules. The agency shall seek
518approval from the federal Centers for Medicare and Medicaid
519Services for the highest maximum income threshold of up to 300
520percent of the most recently stated federal poverty limit. Until
521the federal agency approves the request, the maximum income
522threshold used for the Florida KidCare program shall be 200
523percent of the most recently stated federal poverty limit or the
524highest income threshold allowed under current federal law. Any
525such expansion under this subsection is subject to a specified
526appropriation for such purpose.
527     Section 7.  Section 409.821, Florida Statutes, is amended
528to read:
529     409.821  Florida KidCare program public records
530exemption.--Notwithstanding any other law to the contrary, any
531information identifying a Florida KidCare program applicant or
532enrollee, as defined in s. 409.811, held by the Agency for
533Health Care Administration, the Department of Children and
534Family Services, the Department of Health, or the Florida
535Healthy Kids Corporation is confidential and exempt from s.
536119.07(1) and s. 24(a), Art. I of the State Constitution. Such
537information may be disclosed to another governmental entity only
538if disclosure is necessary for the entity to perform its duties
539and responsibilities under the Florida KidCare program and shall
540be disclosed to the Department of Revenue for purposes of
541administering the state Title IV-D program. The receiving
542governmental entity must maintain the confidential and exempt
543status of such information. Furthermore, such information may
544not be released to any person without the written consent of the
545program applicant. This exemption applies to any information
546identifying a Florida KidCare program applicant or enrollee held
547by the Agency for Health Care Administration, the Department of
548Children and Family Services, the Department of Health, or the
549Florida Healthy Kids Corporation before, on, or after the
550effective date of this exemption. A violation of this section is
551a misdemeanor of the second degree, punishable as provided in s.
552775.082 or s. 775.083. This section does not prohibit an
553enrollee's parent or legal guardian from obtaining confirmation
554of coverage and dates of coverage.
555     Section 8.  Subsections (3) and (5) of section 624.91,
556Florida Statutes, are amended to read:
557     624.91  The Florida Healthy Kids Corporation Act.--
558     (3)  ELIGIBILITY FOR NONFEDERAL STATE-FUNDED
559ASSISTANCE.--Only residents of this state between 5 and 18 years
560of age who meet the qualifications for the Florida KidCare
561program under s. 409.814 are eligible for nonfederal assistance
562in the Florida Healthy Kids program. the following individuals
563are eligible for state-funded assistance in paying Florida
564Healthy Kids premiums:
565     (a)  Residents of this state who are eligible for the
566Florida KidCare program pursuant to s. 409.814.
567     (b)  Notwithstanding s. 409.814, legal aliens who are
568enrolled in the Florida Healthy Kids program as of January 31,
5692004, who do not qualify for Title XXI federal funds because
570they are not qualified aliens as defined in s. 409.811.
571     (c)  Notwithstanding s. 409.814, individuals who have
572attained the age of 19 as of March 31, 2004, who were receiving
573Florida Healthy Kids benefits prior to the enactment of the
574Florida KidCare program. This paragraph shall be repealed March
57531, 2005.
576     (d)  Notwithstanding s. 409.814, state employee dependents
577who were enrolled in the Florida Healthy Kids program as of
578January 31, 2004. Such individuals shall remain eligible until
579January 1, 2005.
580     (5)  CORPORATION AUTHORIZATION, DUTIES, PROMOTION,
581POWERS.--
582     (a)  There is created the Florida Healthy Kids Corporation,
583a not-for-profit corporation.
584     (b)  The Florida Healthy Kids Corporation shall:
585     1.  Arrange for the collection of any family, local
586contributions, or employer payment or premium, in an amount to
587be determined by the board of directors, to provide for payment
588of premiums for comprehensive insurance coverage and for the
589actual or estimated administrative expenses.
590     2.  Arrange for the collection of any voluntary
591contributions to provide for payment of premiums for children
592who are not eligible for medical assistance under Title XXI of
593the Social Security Act. Each fiscal year, the corporation shall
594establish a local match policy for the enrollment of non-Title-
595XXI-eligible children in the Healthy Kids program. By May 1 of
596each year, the corporation shall provide written notification of
597the amount to be remitted to the corporation for the following
598fiscal year under that policy. Local match sources may include,
599but are not limited to, funds provided by municipalities,
600counties, school boards, hospitals, health care providers,
601charitable organizations, special taxing districts, and private
602organizations. The minimum local match cash contributions
603required each fiscal year and local match credits shall be
604determined by the General Appropriations Act. The corporation
605shall calculate a county's local match rate based upon that
606county's percentage of the state's total non-Title-XXI
607expenditures as reported in the corporation's most recently
608audited financial statement. In awarding the local match
609credits, the corporation may consider factors including, but not
610limited to, population density, per capita income, and existing
611child-health-related expenditures and services.
612     2.3.  Subject to the provisions of s. 409.8134, accept
613voluntary supplemental local match contributions that comply
614with the requirements of Title XXI of the Social Security Act
615for the purpose of providing additional coverage in contributing
616counties under Title XXI.
617     3.4.  Establish the administrative and accounting
618procedures for the operation of the corporation.
619     4.5.  Establish, with consultation from appropriate
620professional organizations, standards for preventive health
621services and providers and comprehensive insurance benefits
622appropriate to children, provided that the such standards for
623rural areas do shall not limit primary care providers to board-
624certified pediatricians.
625     5.6.  Determine eligibility for children seeking to
626participate in the Title XXI-funded components of the Florida
627KidCare program consistent with the requirements specified in s.
628409.814, as well as the non-Title-XXI-eligible children as
629provided in subsection (3).
630     6.7.  Establish procedures under which providers of local
631match to, applicants to and participants in the program may have
632grievances reviewed by an impartial body and reported to the
633board of directors of the corporation.
634     7.8.  Establish participation criteria and, if appropriate,
635contract with an authorized insurer, health maintenance
636organization, or third-party administrator to provide
637administrative services to the corporation.
638     8.9.  Establish enrollment criteria that which shall
639include penalties or waiting periods of not fewer than 60 days
640for reinstatement of coverage upon voluntary cancellation for
641nonpayment of family premiums.
642     9.10.  Contract with authorized insurers or any provider of
643health care services, meeting standards established by the
644corporation, for the provision of comprehensive insurance
645coverage to participants. Such standards shall include criteria
646under which the corporation may contract with more than one
647provider of health care services in program sites. Health plans
648shall be selected through a competitive bid process. The Florida
649Healthy Kids Corporation shall purchase goods and services in
650the most cost-effective manner consistent with the delivery of
651quality medical care. The maximum administrative cost for a
652Florida Healthy Kids Corporation contract shall be 15 percent.
653For health care contracts, the minimum medical loss ratio for a
654Florida Healthy Kids Corporation contract shall be 85 percent.
655For dental contracts, the remaining compensation to be paid to
656the authorized insurer or provider under a Florida Healthy Kids
657Corporation contract shall be no less than an amount which is 85
658percent of premium; to the extent any contract provision does
659not provide for this minimum compensation, this section shall
660prevail. The health plan selection criteria and scoring system,
661and the scoring results, shall be available upon request for
662inspection after the bids have been awarded.
663     11.  Establish disenrollment criteria in the event local
664matching funds are insufficient to cover enrollments.
665     10.12.  Develop and implement a plan to publicize the
666Florida Healthy Kids Corporation, the eligibility requirements
667of the program, and the procedures for enrollment in the program
668and to maintain public awareness of the corporation and the
669program. Participating health and dental plans may develop
670marketing and other promotional materials and participate in
671activities, such as health fairs and public events, as approved
672by the corporation. The health and dental plans may also contact
673their enrollees and former enrollees to encourage continued
674participation in the plan.
675     11.13.  Secure staff necessary to properly administer the
676corporation. Staff costs shall be funded from state and local
677matching funds and such other private or public funds as become
678available. The board of directors shall determine the number of
679staff members necessary to administer the corporation.
680     12.14.  Provide a report annually to the Governor, Chief
681Financial Officer, Commissioner of Education, Senate President,
682Speaker of the House of Representatives, and Minority Leaders of
683the Senate and the House of Representatives.
684     13.15.  Establish benefit packages which conform to the
685provisions of the Florida KidCare program, as created in ss.
686409.810-409.820.
687     (c)  Coverage under the corporation's program is secondary
688to any other available private coverage held by, or applicable
689to, the participant child or family member. Insurers under
690contract with the corporation are the payors of last resort and
691must coordinate benefits with any other third-party payor that
692may be liable for the participant's medical care.
693     (d)  The Florida Healthy Kids Corporation shall be a
694private corporation not for profit, organized under pursuant to
695chapter 617, and shall have all powers necessary to carry out
696the purposes of this act, including, but not limited to, the
697power to receive and accept grants, loans, or advances of funds
698from any public or private agency and to receive and accept from
699any source contributions of money, property, labor, or any other
700thing of value, to be held, used, and applied for the purposes
701of this section act.
702     Section 9.  This act shall take effect July 1, 2006.


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