| 1 | The Health Care Appropriations Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the Florida KidCare program; amending |
| 8 | s. 409.814, F.S.; specifying that 12 months of continuous |
| 9 | eligibility includes changes between program components; |
| 10 | amending s. 409.821, F.S., relating to a public records |
| 11 | exemption; specifying that such provision does not |
| 12 | prohibit an enrollee's parent or legal guardian from |
| 13 | obtaining confirmation of coverage and dates of coverage; |
| 14 | creating s. 409.8215, F.S.; authorizing participating |
| 15 | health and dental plans to develop marketing and other |
| 16 | promotional materials and to participate in activities to |
| 17 | promote the Florida KidCare program; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (6) of section 409.814, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 409.814 Eligibility.--A child who has not reached 19 years |
| 25 | of age whose family income is equal to or below 200 percent of |
| 26 | the federal poverty level is eligible for the Florida KidCare |
| 27 | program as provided in this section. For enrollment in the |
| 28 | Children's Medical Services Network, a complete application |
| 29 | includes the medical or behavioral health screening. If, |
| 30 | subsequently, an individual is determined to be ineligible for |
| 31 | coverage, he or she must immediately be disenrolled from the |
| 32 | respective Florida KidCare program component. |
| 33 | (6) Once a child is enrolled in the Florida KidCare |
| 34 | program, the child is eligible for coverage under the program |
| 35 | for 12 months without a redetermination or reverification of |
| 36 | eligibility even when switching from one component of the |
| 37 | program to another, if the family continues to pay the |
| 38 | applicable premium. Eligibility for program components funded |
| 39 | through Title XXI of the Social Security Act shall terminate |
| 40 | when a child attains the age of 19. Effective January 1, 1999, a |
| 41 | child who has not attained the age of 5 and who has been |
| 42 | determined eligible for the Medicaid program is eligible for |
| 43 | coverage for 12 months without a redetermination or |
| 44 | reverification of eligibility. |
| 45 | Section 2. Section 409.821, Florida Statutes, is amended |
| 46 | to read: |
| 47 | 409.821 Florida KidCare program public records |
| 48 | exemption.--Notwithstanding any other law to the contrary, any |
| 49 | information identifying a Florida KidCare program applicant or |
| 50 | enrollee, as defined in s. 409.811, held by the Agency for |
| 51 | Health Care Administration, the Department of Children and |
| 52 | Family Services, the Department of Health, or the Florida |
| 53 | Healthy Kids Corporation is confidential and exempt from s. |
| 54 | 119.07(1) and s. 24(a), Art. I of the State Constitution. Such |
| 55 | information may be disclosed to another governmental entity only |
| 56 | if disclosure is necessary for the entity to perform its duties |
| 57 | and responsibilities under the Florida KidCare program and shall |
| 58 | be disclosed to the Department of Revenue for purposes of |
| 59 | administering the state Title IV-D program. The receiving |
| 60 | governmental entity must maintain the confidential and exempt |
| 61 | status of such information. Furthermore, such information may |
| 62 | not be released to any person without the written consent of the |
| 63 | program applicant. This exemption applies to any information |
| 64 | identifying a Florida KidCare program applicant or enrollee held |
| 65 | by the Agency for Health Care Administration, the Department of |
| 66 | Children and Family Services, the Department of Health, or the |
| 67 | Florida Healthy Kids Corporation before, on, or after the |
| 68 | effective date of this exemption. A violation of this section is |
| 69 | a misdemeanor of the second degree, punishable as provided in s. |
| 70 | 775.082 or s. 775.083. This section does not prohibit an |
| 71 | enrollee's parent or legal guardian from obtaining confirmation |
| 72 | of coverage and dates of coverage. |
| 73 | Section 3. Section 409.8215, Florida Statutes, is created |
| 74 | to read: |
| 75 | 409.8215 Marketing by service providers.-- |
| 76 | (1) Participating health and dental plans may develop |
| 77 | marketing and other promotional materials and participate in |
| 78 | activities, such as health fairs and public events, as approved |
| 79 | by the Agency for Health Care Administration. |
| 80 | (2) The health and dental plans may also contact their |
| 81 | enrollees and former enrollees to encourage continued |
| 82 | participation in the Florida KidCare program. |
| 83 | (3) The agency may adopt rules pursuant to ss. 120.536(1) |
| 84 | and 120.54 to implement the provisions of this section. |
| 85 | Section 4. This act shall take effect July 1, 2006. |