HB 1423

1
A bill to be entitled
2An act relating to children's health insurance; creating
3s. 409.8195, F.S.; requiring the Department of Health to
4develop a program to identify certain children for
5referral to the Department of Children and Family Services
6for certain eligibility and choices of health benefits
7coverage under the Florida KidCare program; providing
8program requirements and criteria; amending s. 409.908,
9F.S.; requiring the Agency for Health Care Administration
10to provide reimbursement for physician and dental services
11at certain levels; amending s. 624.91, F.S.; authorizing
12the Florida Healthy Kids Corporation to enter into
13contracts for certain purposes; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 409.8195, Florida Statutes, is created
19to read:
20     409.8195  Identification of low-income, uninsured children;
21determination of eligibility for the Florida KidCare program;
22alternative health care information.--The Department of Health
23shall develop a program, in conjunction with the Department of
24Education, the Department of Children and Family Services, the
25Agency for Health Care Administration, the Florida Healthy Kids
26Corporation, local governments, employers, and other
27stakeholders to identify low-income, uninsured children and, to
28the extent possible and subject to appropriation, refer them to
29the Department of Children and Family Services for eligibility
30determination and provide parents with information about choices
31of health benefits coverage under the Florida KidCare program.
32These activities shall include, but not be limited to: training
33community providers in effective methods of outreach; conducting
34public information campaigns designed to publicize the Florida
35KidCare program, the eligibility requirements of the program,
36and the procedures for enrollment in the program; and
37maintaining public awareness of the Florida KidCare program.
38Special emphasis shall be placed on the identification of
39minority children for referral to and participation in the
40Florida KidCare program.
41     Section 2.  Paragraph (d) is added to subsection (12) of
42section 409.908, Florida Statutes, to read:
43     409.908  Reimbursement of Medicaid providers.--Subject to
44specific appropriations, the agency shall reimburse Medicaid
45providers, in accordance with state and federal law, according
46to methodologies set forth in the rules of the agency and in
47policy manuals and handbooks incorporated by reference therein.
48These methodologies may include fee schedules, reimbursement
49methods based on cost reporting, negotiated fees, competitive
50bidding pursuant to s. 287.057, and other mechanisms the agency
51considers efficient and effective for purchasing services or
52goods on behalf of recipients. If a provider is reimbursed based
53on cost reporting and submits a cost report late and that cost
54report would have been used to set a lower reimbursement rate
55for a rate semester, then the provider's rate for that semester
56shall be retroactively calculated using the new cost report, and
57full payment at the recalculated rate shall be effected
58retroactively. Medicare-granted extensions for filing cost
59reports, if applicable, shall also apply to Medicaid cost
60reports. Payment for Medicaid compensable services made on
61behalf of Medicaid eligible persons is subject to the
62availability of moneys and any limitations or directions
63provided for in the General Appropriations Act or chapter 216.
64Further, nothing in this section shall be construed to prevent
65or limit the agency from adjusting fees, reimbursement rates,
66lengths of stay, number of visits, or number of services, or
67making any other adjustments necessary to comply with the
68availability of moneys and any limitations or directions
69provided for in the General Appropriations Act, provided the
70adjustment is consistent with legislative intent.
71     (12)
72     (d)  Notwithstanding any other provision of this
73subsection, the agency shall provide reimbursement for physician
74and dental services provided to children under 21 years of age
75at least at the level provided by federal law for physician
76reimbursement under the Medicare program.
77     Section 3.  Paragraph (b) of subsection (5) of section
78624.91, Florida Statutes, is amended to read:
79     624.91  The Florida Healthy Kids Corporation Act.--
80     (5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
81     (b)  The Florida Healthy Kids Corporation shall:
82     1.  Arrange for the collection of any family, local
83contributions, or employer payment or premium, in an amount to
84be determined by the board of directors, to provide for payment
85of premiums for comprehensive insurance coverage and for the
86actual or estimated administrative expenses.
87     2.  Arrange for the collection of any voluntary
88contributions to provide for payment of premiums for children
89who are not eligible for medical assistance under Title XXI of
90the Social Security Act. Each fiscal year, the corporation shall
91establish a local match policy for the enrollment of non-Title-
92XXI-eligible children in the Healthy Kids program. By May 1 of
93each year, the corporation shall provide written notification of
94the amount to be remitted to the corporation for the following
95fiscal year under that policy. Local match sources may include,
96but are not limited to, funds provided by municipalities,
97counties, school boards, hospitals, health care providers,
98charitable organizations, special taxing districts, and private
99organizations. The minimum local match cash contributions
100required each fiscal year and local match credits shall be
101determined by the General Appropriations Act. The corporation
102shall calculate a county's local match rate based upon that
103county's percentage of the state's total non-Title-XXI
104expenditures as reported in the corporation's most recently
105audited financial statement. In awarding the local match
106credits, the corporation may consider factors including, but not
107limited to, population density, per capita income, and existing
108child-health-related expenditures and services.
109     3.  Subject to the provisions of s. 409.8134, accept
110voluntary supplemental local match contributions that comply
111with the requirements of Title XXI of the Social Security Act
112for the purpose of providing additional coverage in contributing
113counties under Title XXI.
114     4.  Establish the administrative and accounting procedures
115for the operation of the corporation.
116     5.  Establish, with consultation from appropriate
117professional organizations, standards for preventive health
118services and providers and comprehensive insurance benefits
119appropriate to children, provided that such standards for rural
120areas shall not limit primary care providers to board-certified
121pediatricians.
122     6.  Determine eligibility for children seeking to
123participate in the Title XXI-funded components of the Florida
124KidCare program consistent with the requirements specified in s.
125409.814, as well as the non-Title-XXI-eligible children as
126provided in subsection (3).
127     7.  Establish procedures under which providers of local
128match to, applicants to and participants in the program may have
129grievances reviewed by an impartial body and reported to the
130board of directors of the corporation.
131     8.  Establish participation criteria and, if appropriate,
132contract with an authorized insurer, health maintenance
133organization, or third-party administrator to provide
134administrative services to the corporation.
135     9.  Establish enrollment criteria which shall include
136penalties or waiting periods of not fewer than 60 days for
137reinstatement of coverage upon voluntary cancellation for
138nonpayment of family premiums.
139     10.  Contract with authorized insurers or any provider of
140health care services, meeting standards established by the
141corporation, for the provision of comprehensive insurance
142coverage to participants. Such standards shall include criteria
143under which the corporation may contract with more than one
144provider of health care services in program sites. Health plans
145shall be selected through a competitive bid process. The Florida
146Healthy Kids Corporation shall purchase goods and services in
147the most cost-effective manner consistent with the delivery of
148quality medical care. The maximum administrative cost for a
149Florida Healthy Kids Corporation contract shall be 15 percent.
150For health care contracts, the minimum medical loss ratio for a
151Florida Healthy Kids Corporation contract shall be 85 percent.
152For dental contracts, the remaining compensation to be paid to
153the authorized insurer or provider under a Florida Healthy Kids
154Corporation contract shall be no less than an amount which is 85
155percent of premium; to the extent any contract provision does
156not provide for this minimum compensation, this section shall
157prevail. The health plan selection criteria and scoring system,
158and the scoring results, shall be available upon request for
159inspection after the bids have been awarded.
160     11.  Establish disenrollment criteria in the event local
161matching funds are insufficient to cover enrollments.
162     12.  Develop and implement a plan to publicize the Florida
163Healthy Kids Corporation, the eligibility requirements of the
164program, and the procedures for enrollment in the program and to
165maintain public awareness of the corporation and the program.
166     13.  Secure staff necessary to properly administer the
167corporation. Staff costs shall be funded from state and local
168matching funds and such other private or public funds as become
169available. The board of directors shall determine the number of
170staff members necessary to administer the corporation.
171     14.  Provide a report annually to the Governor, Chief
172Financial Officer, Commissioner of Education, Senate President,
173Speaker of the House of Representatives, and Minority Leaders of
174the Senate and the House of Representatives.
175     15.  Establish benefit packages which conform to the
176provisions of the Florida KidCare program, as created in ss.
177409.810-409.820.
178     16.  As appropriate, enter into contracts with local school
179boards or other agencies to provide onsite information,
180enrollment, and other services necessary to the operation of the
181corporation.
182     Section 4.  This act shall take effect July 1, 2006.


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