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. |