HB 1423CS

CHAMBER ACTION




1The Future of Florida's Families Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to children's health insurance; creating
8s. 409.8195, F.S.; requiring the Department of Health to
9develop a program to identify certain children for
10referral to the Department of Children and Family Services
11for certain eligibility and choices of health benefits
12coverage under the Florida KidCare program; providing
13program requirements and criteria; amending s. 409.908,
14F.S.; requiring the Agency for Health Care Administration
15to provide reimbursement for physician and dental services
16at certain levels; requiring the agency to provide
17reimbursement for dental services at certain rates;
18amending s. 624.91, F.S.; authorizing the Florida Healthy
19Kids Corporation to enter into contracts for certain
20purposes; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 409.8195, Florida Statutes, is created
25to read:
26     409.8195  Identification of low-income, uninsured children;
27determination of eligibility for the Florida KidCare program;
28alternative health care information.--The Department of Health
29shall develop a program, in conjunction with the Department of
30Education, the Department of Children and Family Services, the
31Agency for Health Care Administration, the Florida Healthy Kids
32Corporation, local governments, employers, and other
33stakeholders to identify low-income, uninsured children and, to
34the extent possible and subject to appropriation, refer them to
35the Department of Children and Family Services for eligibility
36determination and provide parents with information about choices
37of health benefits coverage under the Florida KidCare program.
38These activities shall include, but not be limited to: training
39community providers in effective methods of outreach; conducting
40public information campaigns designed to publicize the Florida
41KidCare program, the eligibility requirements of the program,
42and the procedures for enrollment in the program; and
43maintaining public awareness of the Florida KidCare program.
44Special emphasis shall be placed on the identification of
45minority children for referral to and participation in the
46Florida KidCare program.
47     Section 2.  Paragraph (d) is added to subsection (12) of
48section 409.908, Florida Statutes, to read:
49     409.908  Reimbursement of Medicaid providers.--Subject to
50specific appropriations, the agency shall reimburse Medicaid
51providers, in accordance with state and federal law, according
52to methodologies set forth in the rules of the agency and in
53policy manuals and handbooks incorporated by reference therein.
54These methodologies may include fee schedules, reimbursement
55methods based on cost reporting, negotiated fees, competitive
56bidding pursuant to s. 287.057, and other mechanisms the agency
57considers efficient and effective for purchasing services or
58goods on behalf of recipients. If a provider is reimbursed based
59on cost reporting and submits a cost report late and that cost
60report would have been used to set a lower reimbursement rate
61for a rate semester, then the provider's rate for that semester
62shall be retroactively calculated using the new cost report, and
63full payment at the recalculated rate shall be effected
64retroactively. Medicare-granted extensions for filing cost
65reports, if applicable, shall also apply to Medicaid cost
66reports. Payment for Medicaid compensable services made on
67behalf of Medicaid eligible persons is subject to the
68availability of moneys and any limitations or directions
69provided for in the General Appropriations Act or chapter 216.
70Further, nothing in this section shall be construed to prevent
71or limit the agency from adjusting fees, reimbursement rates,
72lengths of stay, number of visits, or number of services, or
73making any other adjustments necessary to comply with the
74availability of moneys and any limitations or directions
75provided for in the General Appropriations Act, provided the
76adjustment is consistent with legislative intent.
77     (12)
78     (d)  Notwithstanding any other provision of this
79subsection, the agency shall provide reimbursement for physician
80and dental services provided to children under 21 years of age
81at least at the level provided by federal law for physician
82reimbursement under the Medicare program and provide
83reimbursement for dental services at 50 percent of usual and
84customary rates provided for dental services.
85     Section 3.  Paragraph (b) of subsection (5) of section
86624.91, 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
91contributions, or employer payment or premium, in an amount to
92be determined by the board of directors, to provide for payment
93of premiums for comprehensive insurance coverage and for the
94actual or estimated administrative expenses.
95     2.  Arrange for the collection of any voluntary
96contributions to provide for payment of premiums for children
97who are not eligible for medical assistance under Title XXI of
98the Social Security Act. Each fiscal year, the corporation shall
99establish a local match policy for the enrollment of non-Title-
100XXI-eligible children in the Healthy Kids program. By May 1 of
101each year, the corporation shall provide written notification of
102the amount to be remitted to the corporation for the following
103fiscal year under that policy. Local match sources may include,
104but are not limited to, funds provided by municipalities,
105counties, school boards, hospitals, health care providers,
106charitable organizations, special taxing districts, and private
107organizations. The minimum local match cash contributions
108required each fiscal year and local match credits shall be
109determined by the General Appropriations Act. The corporation
110shall calculate a county's local match rate based upon that
111county's percentage of the state's total non-Title-XXI
112expenditures as reported in the corporation's most recently
113audited financial statement. In awarding the local match
114credits, the corporation may consider factors including, but not
115limited to, population density, per capita income, and existing
116child-health-related expenditures and services.
117     3.  Subject to the provisions of s. 409.8134, accept
118voluntary supplemental local match contributions that comply
119with the requirements of Title XXI of the Social Security Act
120for the purpose of providing additional coverage in contributing
121counties under Title XXI.
122     4.  Establish the administrative and accounting procedures
123for the operation of the corporation.
124     5.  Establish, with consultation from appropriate
125professional organizations, standards for preventive health
126services and providers and comprehensive insurance benefits
127appropriate to children, provided that such standards for rural
128areas shall not limit primary care providers to board-certified
129pediatricians.
130     6.  Determine eligibility for children seeking to
131participate in the Title XXI-funded components of the Florida
132KidCare program consistent with the requirements specified in s.
133409.814, as well as the non-Title-XXI-eligible children as
134provided in subsection (3).
135     7.  Establish procedures under which providers of local
136match to, applicants to and participants in the program may have
137grievances reviewed by an impartial body and reported to the
138board of directors of the corporation.
139     8.  Establish participation criteria and, if appropriate,
140contract with an authorized insurer, health maintenance
141organization, or third-party administrator to provide
142administrative services to the corporation.
143     9.  Establish enrollment criteria which shall include
144penalties or waiting periods of not fewer than 60 days for
145reinstatement of coverage upon voluntary cancellation for
146nonpayment of family premiums.
147     10.  Contract with authorized insurers or any provider of
148health care services, meeting standards established by the
149corporation, for the provision of comprehensive insurance
150coverage to participants. Such standards shall include criteria
151under which the corporation may contract with more than one
152provider of health care services in program sites. Health plans
153shall be selected through a competitive bid process. The Florida
154Healthy Kids Corporation shall purchase goods and services in
155the most cost-effective manner consistent with the delivery of
156quality medical care. The maximum administrative cost for a
157Florida Healthy Kids Corporation contract shall be 15 percent.
158For health care contracts, the minimum medical loss ratio for a
159Florida Healthy Kids Corporation contract shall be 85 percent.
160For dental contracts, the remaining compensation to be paid to
161the authorized insurer or provider under a Florida Healthy Kids
162Corporation contract shall be no less than an amount which is 85
163percent of premium; to the extent any contract provision does
164not provide for this minimum compensation, this section shall
165prevail. The health plan selection criteria and scoring system,
166and the scoring results, shall be available upon request for
167inspection after the bids have been awarded.
168     11.  Establish disenrollment criteria in the event local
169matching funds are insufficient to cover enrollments.
170     12.  Develop and implement a plan to publicize the Florida
171Healthy Kids Corporation, the eligibility requirements of the
172program, and the procedures for enrollment in the program and to
173maintain public awareness of the corporation and the program.
174     13.  Secure staff necessary to properly administer the
175corporation. Staff costs shall be funded from state and local
176matching funds and such other private or public funds as become
177available. The board of directors shall determine the number of
178staff members necessary to administer the corporation.
179     14.  Provide a report annually to the Governor, Chief
180Financial Officer, Commissioner of Education, Senate President,
181Speaker of the House of Representatives, and Minority Leaders of
182the Senate and the House of Representatives.
183     15.  Establish benefit packages which conform to the
184provisions of the Florida KidCare program, as created in ss.
185409.810-409.820.
186     16.  As appropriate, enter into contracts with local school
187boards or other agencies to provide onsite information,
188enrollment, and other services necessary to the operation of the
189corporation.
190     Section 4.  This act shall take effect July 1, 2006.


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