1 | A bill to be entitled |
2 | An act relating to children's health insurance; creating |
3 | s. 409.8195, F.S.; requiring the Department of Health to |
4 | develop a program to identify certain children for |
5 | referral to the Department of Children and Family Services |
6 | for certain eligibility and choices of health benefits |
7 | coverage under the Florida KidCare program; providing |
8 | program requirements and criteria; amending s. 409.908, |
9 | F.S.; requiring the Agency for Health Care Administration |
10 | to provide reimbursement for physician and dental services |
11 | at certain levels; amending s. 624.91, F.S.; authorizing |
12 | the Florida Healthy Kids Corporation to enter into |
13 | contracts for certain purposes; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 409.8195, Florida Statutes, is created |
19 | to read: |
20 | 409.8195 Identification of low-income, uninsured children; |
21 | determination of eligibility for the Florida KidCare program; |
22 | alternative health care information.--The Department of Health |
23 | shall develop a program, in conjunction with the Department of |
24 | Education, the Department of Children and Family Services, the |
25 | Agency for Health Care Administration, the Florida Healthy Kids |
26 | Corporation, local governments, employers, and other |
27 | stakeholders to identify low-income, uninsured children and, to |
28 | the extent possible and subject to appropriation, refer them to |
29 | the Department of Children and Family Services for eligibility |
30 | determination and provide parents with information about choices |
31 | of health benefits coverage under the Florida KidCare program. |
32 | These activities shall include, but not be limited to: training |
33 | community providers in effective methods of outreach; conducting |
34 | public information campaigns designed to publicize the Florida |
35 | KidCare program, the eligibility requirements of the program, |
36 | and the procedures for enrollment in the program; and |
37 | maintaining public awareness of the Florida KidCare program. |
38 | Special emphasis shall be placed on the identification of |
39 | minority children for referral to and participation in the |
40 | Florida KidCare program. |
41 | Section 2. Paragraph (d) is added to subsection (12) of |
42 | section 409.908, Florida Statutes, to read: |
43 | 409.908 Reimbursement of Medicaid providers.--Subject to |
44 | specific appropriations, the agency shall reimburse Medicaid |
45 | providers, in accordance with state and federal law, according |
46 | to methodologies set forth in the rules of the agency and in |
47 | policy manuals and handbooks incorporated by reference therein. |
48 | These methodologies may include fee schedules, reimbursement |
49 | methods based on cost reporting, negotiated fees, competitive |
50 | bidding pursuant to s. 287.057, and other mechanisms the agency |
51 | considers efficient and effective for purchasing services or |
52 | goods on behalf of recipients. If a provider is reimbursed based |
53 | on cost reporting and submits a cost report late and that cost |
54 | report would have been used to set a lower reimbursement rate |
55 | for a rate semester, then the provider's rate for that semester |
56 | shall be retroactively calculated using the new cost report, and |
57 | full payment at the recalculated rate shall be effected |
58 | retroactively. Medicare-granted extensions for filing cost |
59 | reports, if applicable, shall also apply to Medicaid cost |
60 | reports. Payment for Medicaid compensable services made on |
61 | behalf of Medicaid eligible persons is subject to the |
62 | availability of moneys and any limitations or directions |
63 | provided for in the General Appropriations Act or chapter 216. |
64 | Further, nothing in this section shall be construed to prevent |
65 | or limit the agency from adjusting fees, reimbursement rates, |
66 | lengths of stay, number of visits, or number of services, or |
67 | making any other adjustments necessary to comply with the |
68 | availability of moneys and any limitations or directions |
69 | provided for in the General Appropriations Act, provided the |
70 | adjustment is consistent with legislative intent. |
71 | (12) |
72 | (d) Notwithstanding any other provision of this |
73 | subsection, the agency shall provide reimbursement for physician |
74 | and dental services provided to children under 21 years of age |
75 | at least at the level provided by federal law for physician |
76 | reimbursement under the Medicare program. |
77 | Section 3. Paragraph (b) of subsection (5) of section |
78 | 624.91, 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 |
83 | contributions, or employer payment or premium, in an amount to |
84 | be determined by the board of directors, to provide for payment |
85 | of premiums for comprehensive insurance coverage and for the |
86 | actual or estimated administrative expenses. |
87 | 2. Arrange for the collection of any voluntary |
88 | contributions to provide for payment of premiums for children |
89 | who are not eligible for medical assistance under Title XXI of |
90 | the Social Security Act. Each fiscal year, the corporation shall |
91 | establish a local match policy for the enrollment of non-Title- |
92 | XXI-eligible children in the Healthy Kids program. By May 1 of |
93 | each year, the corporation shall provide written notification of |
94 | the amount to be remitted to the corporation for the following |
95 | fiscal year under that policy. Local match sources may include, |
96 | but are not limited to, funds provided by municipalities, |
97 | counties, school boards, hospitals, health care providers, |
98 | charitable organizations, special taxing districts, and private |
99 | organizations. The minimum local match cash contributions |
100 | required each fiscal year and local match credits shall be |
101 | determined by the General Appropriations Act. The corporation |
102 | shall calculate a county's local match rate based upon that |
103 | county's percentage of the state's total non-Title-XXI |
104 | expenditures as reported in the corporation's most recently |
105 | audited financial statement. In awarding the local match |
106 | credits, the corporation may consider factors including, but not |
107 | limited to, population density, per capita income, and existing |
108 | child-health-related expenditures and services. |
109 | 3. Subject to the provisions of s. 409.8134, accept |
110 | voluntary supplemental local match contributions that comply |
111 | with the requirements of Title XXI of the Social Security Act |
112 | for the purpose of providing additional coverage in contributing |
113 | counties under Title XXI. |
114 | 4. Establish the administrative and accounting procedures |
115 | for the operation of the corporation. |
116 | 5. Establish, with consultation from appropriate |
117 | professional organizations, standards for preventive health |
118 | services and providers and comprehensive insurance benefits |
119 | appropriate to children, provided that such standards for rural |
120 | areas shall not limit primary care providers to board-certified |
121 | pediatricians. |
122 | 6. Determine eligibility for children seeking to |
123 | participate in the Title XXI-funded components of the Florida |
124 | KidCare program consistent with the requirements specified in s. |
125 | 409.814, as well as the non-Title-XXI-eligible children as |
126 | provided in subsection (3). |
127 | 7. Establish procedures under which providers of local |
128 | match to, applicants to and participants in the program may have |
129 | grievances reviewed by an impartial body and reported to the |
130 | board of directors of the corporation. |
131 | 8. Establish participation criteria and, if appropriate, |
132 | contract with an authorized insurer, health maintenance |
133 | organization, or third-party administrator to provide |
134 | administrative services to the corporation. |
135 | 9. Establish enrollment criteria which shall include |
136 | penalties or waiting periods of not fewer than 60 days for |
137 | reinstatement of coverage upon voluntary cancellation for |
138 | nonpayment of family premiums. |
139 | 10. Contract with authorized insurers or any provider of |
140 | health care services, meeting standards established by the |
141 | corporation, for the provision of comprehensive insurance |
142 | coverage to participants. Such standards shall include criteria |
143 | under which the corporation may contract with more than one |
144 | provider of health care services in program sites. Health plans |
145 | shall be selected through a competitive bid process. The Florida |
146 | Healthy Kids Corporation shall purchase goods and services in |
147 | the most cost-effective manner consistent with the delivery of |
148 | quality medical care. The maximum administrative cost for a |
149 | Florida Healthy Kids Corporation contract shall be 15 percent. |
150 | For health care contracts, the minimum medical loss ratio for a |
151 | Florida Healthy Kids Corporation contract shall be 85 percent. |
152 | For dental contracts, the remaining compensation to be paid to |
153 | the authorized insurer or provider under a Florida Healthy Kids |
154 | Corporation contract shall be no less than an amount which is 85 |
155 | percent of premium; to the extent any contract provision does |
156 | not provide for this minimum compensation, this section shall |
157 | prevail. The health plan selection criteria and scoring system, |
158 | and the scoring results, shall be available upon request for |
159 | inspection after the bids have been awarded. |
160 | 11. Establish disenrollment criteria in the event local |
161 | matching funds are insufficient to cover enrollments. |
162 | 12. Develop and implement a plan to publicize the Florida |
163 | Healthy Kids Corporation, the eligibility requirements of the |
164 | program, and the procedures for enrollment in the program and to |
165 | maintain public awareness of the corporation and the program. |
166 | 13. Secure staff necessary to properly administer the |
167 | corporation. Staff costs shall be funded from state and local |
168 | matching funds and such other private or public funds as become |
169 | available. The board of directors shall determine the number of |
170 | staff members necessary to administer the corporation. |
171 | 14. Provide a report annually to the Governor, Chief |
172 | Financial Officer, Commissioner of Education, Senate President, |
173 | Speaker of the House of Representatives, and Minority Leaders of |
174 | the Senate and the House of Representatives. |
175 | 15. Establish benefit packages which conform to the |
176 | provisions of the Florida KidCare program, as created in ss. |
177 | 409.810-409.820. |
178 | 16. As appropriate, enter into contracts with local school |
179 | boards or other agencies to provide onsite information, |
180 | enrollment, and other services necessary to the operation of the |
181 | corporation. |
182 | Section 4. This act shall take effect July 1, 2006. |