1 | The Future of Florida's Families Committee recommends the |
2 | following: |
3 |
|
4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to children's health insurance; creating |
8 | s. 409.8195, F.S.; requiring the Department of Health to |
9 | develop a program to identify certain children for |
10 | referral to the Department of Children and Family Services |
11 | for certain eligibility and choices of health benefits |
12 | coverage under the Florida KidCare program; providing |
13 | program requirements and criteria; amending s. 409.908, |
14 | F.S.; requiring the Agency for Health Care Administration |
15 | to provide reimbursement for physician and dental services |
16 | at certain levels; requiring the agency to provide |
17 | reimbursement for dental services at certain rates; |
18 | amending s. 624.91, F.S.; authorizing the Florida Healthy |
19 | Kids Corporation to enter into contracts for certain |
20 | purposes; providing an effective date. |
21 |
|
22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
|
24 | Section 1. Section 409.8195, Florida Statutes, is created |
25 | to read: |
26 | 409.8195 Identification of low-income, uninsured children; |
27 | determination of eligibility for the Florida KidCare program; |
28 | alternative health care information.--The Department of Health |
29 | shall develop a program, in conjunction with the Department of |
30 | Education, the Department of Children and Family Services, the |
31 | Agency for Health Care Administration, the Florida Healthy Kids |
32 | Corporation, local governments, employers, and other |
33 | stakeholders to identify low-income, uninsured children and, to |
34 | the extent possible and subject to appropriation, refer them to |
35 | the Department of Children and Family Services for eligibility |
36 | determination and provide parents with information about choices |
37 | of health benefits coverage under the Florida KidCare program. |
38 | These activities shall include, but not be limited to: training |
39 | community providers in effective methods of outreach; conducting |
40 | public information campaigns designed to publicize the Florida |
41 | KidCare program, the eligibility requirements of the program, |
42 | and the procedures for enrollment in the program; and |
43 | maintaining public awareness of the Florida KidCare program. |
44 | Special emphasis shall be placed on the identification of |
45 | minority children for referral to and participation in the |
46 | Florida KidCare program. |
47 | Section 2. Paragraph (d) is added to subsection (12) of |
48 | section 409.908, Florida Statutes, to read: |
49 | 409.908 Reimbursement of Medicaid providers.--Subject to |
50 | specific appropriations, the agency shall reimburse Medicaid |
51 | providers, in accordance with state and federal law, according |
52 | to methodologies set forth in the rules of the agency and in |
53 | policy manuals and handbooks incorporated by reference therein. |
54 | These methodologies may include fee schedules, reimbursement |
55 | methods based on cost reporting, negotiated fees, competitive |
56 | bidding pursuant to s. 287.057, and other mechanisms the agency |
57 | considers efficient and effective for purchasing services or |
58 | goods on behalf of recipients. If a provider is reimbursed based |
59 | on cost reporting and submits a cost report late and that cost |
60 | report would have been used to set a lower reimbursement rate |
61 | for a rate semester, then the provider's rate for that semester |
62 | shall be retroactively calculated using the new cost report, and |
63 | full payment at the recalculated rate shall be effected |
64 | retroactively. Medicare-granted extensions for filing cost |
65 | reports, if applicable, shall also apply to Medicaid cost |
66 | reports. Payment for Medicaid compensable services made on |
67 | behalf of Medicaid eligible persons is subject to the |
68 | availability of moneys and any limitations or directions |
69 | provided for in the General Appropriations Act or chapter 216. |
70 | Further, nothing in this section shall be construed to prevent |
71 | or limit the agency from adjusting fees, reimbursement rates, |
72 | lengths of stay, number of visits, or number of services, or |
73 | making any other adjustments necessary to comply with the |
74 | availability of moneys and any limitations or directions |
75 | provided for in the General Appropriations Act, provided the |
76 | adjustment is consistent with legislative intent. |
77 | (12) |
78 | (d) Notwithstanding any other provision of this |
79 | subsection, the agency shall provide reimbursement for physician |
80 | and dental services provided to children under 21 years of age |
81 | at least at the level provided by federal law for physician |
82 | reimbursement under the Medicare program and provide |
83 | reimbursement for dental services at 50 percent of usual and |
84 | customary rates provided for dental services. |
85 | Section 3. Paragraph (b) of subsection (5) of section |
86 | 624.91, Florida Statutes, is amended to read: |
87 | 624.91 The Florida Healthy Kids Corporation Act.-- |
88 | (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.-- |
89 | (b) The Florida Healthy Kids Corporation shall: |
90 | 1. Arrange for the collection of any family, local |
91 | contributions, or employer payment or premium, in an amount to |
92 | be determined by the board of directors, to provide for payment |
93 | of premiums for comprehensive insurance coverage and for the |
94 | actual or estimated administrative expenses. |
95 | 2. Arrange for the collection of any voluntary |
96 | contributions to provide for payment of premiums for children |
97 | who are not eligible for medical assistance under Title XXI of |
98 | the Social Security Act. Each fiscal year, the corporation shall |
99 | establish a local match policy for the enrollment of non-Title- |
100 | XXI-eligible children in the Healthy Kids program. By May 1 of |
101 | each year, the corporation shall provide written notification of |
102 | the amount to be remitted to the corporation for the following |
103 | fiscal year under that policy. Local match sources may include, |
104 | but are not limited to, funds provided by municipalities, |
105 | counties, school boards, hospitals, health care providers, |
106 | charitable organizations, special taxing districts, and private |
107 | organizations. The minimum local match cash contributions |
108 | required each fiscal year and local match credits shall be |
109 | determined by the General Appropriations Act. The corporation |
110 | shall calculate a county's local match rate based upon that |
111 | county's percentage of the state's total non-Title-XXI |
112 | expenditures as reported in the corporation's most recently |
113 | audited financial statement. In awarding the local match |
114 | credits, the corporation may consider factors including, but not |
115 | limited to, population density, per capita income, and existing |
116 | child-health-related expenditures and services. |
117 | 3. Subject to the provisions of s. 409.8134, accept |
118 | voluntary supplemental local match contributions that comply |
119 | with the requirements of Title XXI of the Social Security Act |
120 | for the purpose of providing additional coverage in contributing |
121 | counties under Title XXI. |
122 | 4. Establish the administrative and accounting procedures |
123 | for the operation of the corporation. |
124 | 5. Establish, with consultation from appropriate |
125 | professional organizations, standards for preventive health |
126 | services and providers and comprehensive insurance benefits |
127 | appropriate to children, provided that such standards for rural |
128 | areas shall not limit primary care providers to board-certified |
129 | pediatricians. |
130 | 6. Determine eligibility for children seeking to |
131 | participate in the Title XXI-funded components of the Florida |
132 | KidCare program consistent with the requirements specified in s. |
133 | 409.814, as well as the non-Title-XXI-eligible children as |
134 | provided in subsection (3). |
135 | 7. Establish procedures under which providers of local |
136 | match to, applicants to and participants in the program may have |
137 | grievances reviewed by an impartial body and reported to the |
138 | board of directors of the corporation. |
139 | 8. Establish participation criteria and, if appropriate, |
140 | contract with an authorized insurer, health maintenance |
141 | organization, or third-party administrator to provide |
142 | administrative services to the corporation. |
143 | 9. Establish enrollment criteria which shall include |
144 | penalties or waiting periods of not fewer than 60 days for |
145 | reinstatement of coverage upon voluntary cancellation for |
146 | nonpayment of family premiums. |
147 | 10. Contract with authorized insurers or any provider of |
148 | health care services, meeting standards established by the |
149 | corporation, for the provision of comprehensive insurance |
150 | coverage to participants. Such standards shall include criteria |
151 | under which the corporation may contract with more than one |
152 | provider of health care services in program sites. Health plans |
153 | shall be selected through a competitive bid process. The Florida |
154 | Healthy Kids Corporation shall purchase goods and services in |
155 | the most cost-effective manner consistent with the delivery of |
156 | quality medical care. The maximum administrative cost for a |
157 | Florida Healthy Kids Corporation contract shall be 15 percent. |
158 | For health care contracts, the minimum medical loss ratio for a |
159 | Florida Healthy Kids Corporation contract shall be 85 percent. |
160 | For dental contracts, the remaining compensation to be paid to |
161 | the authorized insurer or provider under a Florida Healthy Kids |
162 | Corporation contract shall be no less than an amount which is 85 |
163 | percent of premium; to the extent any contract provision does |
164 | not provide for this minimum compensation, this section shall |
165 | prevail. The health plan selection criteria and scoring system, |
166 | and the scoring results, shall be available upon request for |
167 | inspection after the bids have been awarded. |
168 | 11. Establish disenrollment criteria in the event local |
169 | matching funds are insufficient to cover enrollments. |
170 | 12. Develop and implement a plan to publicize the Florida |
171 | Healthy Kids Corporation, the eligibility requirements of the |
172 | program, and the procedures for enrollment in the program and to |
173 | maintain public awareness of the corporation and the program. |
174 | 13. Secure staff necessary to properly administer the |
175 | corporation. Staff costs shall be funded from state and local |
176 | matching funds and such other private or public funds as become |
177 | available. The board of directors shall determine the number of |
178 | staff members necessary to administer the corporation. |
179 | 14. Provide a report annually to the Governor, Chief |
180 | Financial Officer, Commissioner of Education, Senate President, |
181 | Speaker of the House of Representatives, and Minority Leaders of |
182 | the Senate and the House of Representatives. |
183 | 15. Establish benefit packages which conform to the |
184 | provisions of the Florida KidCare program, as created in ss. |
185 | 409.810-409.820. |
186 | 16. As appropriate, enter into contracts with local school |
187 | boards or other agencies to provide onsite information, |
188 | enrollment, and other services necessary to the operation of the |
189 | corporation. |
190 | Section 4. This act shall take effect July 1, 2006. |