Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1924
                        Barcode 372124
                            CHAMBER ACTION
              Senate                               House
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       04/24/2006 04:08 PM         .                    
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11  The Committee on Health and Human Services Appropriations
12  (Peaden) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 409.9102, Florida Statutes, as
19  created by section 2 of chapter 2005-252, Laws of Florida, is
20  reenacted and amended to read:
21         (Substantial rewording of section. See
22         s. 409.9102, F.S., for present text.)
23         409.9102  A qualified state Long-Term Care Insurance
24  Partnership Program in Florida.--The Agency for Health Care
25  Administration, in consultation with the Office of Insurance
26  Regulation and the Department of Children and Family Services,
27  is directed to establish a qualified state Long-Term Care
28  Insurance Partnership Program in Florida, in compliance with
29  the requirements of s. 1917(b) of the Social Security Act, as
30  amended.
31         (1)  The program shall:
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    9:17 AM   04/14/06                           s1924c1d-ha02-tah

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 372124 1 (a) Provide incentives for an individual to obtain or 2 maintain insurance to cover the cost of long-term care. 3 (b) Provide a mechanism to qualify for coverage of the 4 costs of long-term care needs under Medicaid without first 5 being required to substantially exhaust his or her assets, 6 including a provision for the disregard of any assets in an 7 amount equal to the insurance benefit payments that are made 8 to or on behalf of an individual who is a beneficiary under 9 the program. 10 (c) Alleviate the financial burden on the state's 11 medical assistance program by encouraging the pursuit of 12 private initiatives. 13 (2) The Agency for Health Care Administration, in 14 consultation with the Office of Insurance Regulation and the 15 Department of Children and Family Services, and in accordance 16 with federal guidelines, shall create standards for long-term 17 care partnership program information distributed to 18 individuals through insurance companies offering approved 19 long-term care partnership program policies. 20 (3) The Agency for Health Care Administration is 21 authorized to amend the Medicaid state plan and adopt rules 22 pursuant to ss. 120.536(1) and 120.54 to implement this 23 section. 24 (4) The Department of Children and Family Services, 25 when determining eligibility for Medicaid long-term care 26 services for an individual who is the beneficiary of an 27 approved long-term care partnership program policy, shall 28 reduce the total countable assets of the individual by an 29 amount equal to the insurance benefit payments that are made 30 to or on behalf of the individual. The department is 31 authorized to adopt rules pursuant to ss. 120.536(1) and 2 9:17 AM 04/14/06 s1924c1d-ha02-tah
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 372124 1 120.54 to implement this subsection. 2 Section 2. Section 627.94075, Florida Statutes, is 3 created to read: 4 627.94075 A qualified state Long-Term Care Insurance 5 Partnership Program in Florida.--The commission may adopt 6 rules pursuant to ss. 120.536(1) and 120.54 to implement 7 applicable provisions of a qualified state Long-Term Care 8 Insurance Partnership Program in Florida in accordance with 9 the requirements of s. 1917(b) of the Social Security Act, as 10 amended, any applicable federal guidelines, and any rules 11 necessary to ensure program compliance by insurers as provided 12 in s. 409.9102. 13 Section 3. Sections 1 and 2 of chapter 2005-252, Laws 14 of Florida, are repealed. 15 Section 4. Section 4 of chapter 2005-252, Laws of 16 Florida, is amended to read: 17 Section 4. This act shall take effect upon becoming a 18 law, except that the amendments to section 409.905, Florida 19 Statutes, and the newly created section 409.9102, Florida 20 Statutes, provided in this act shall take effect contingent 21 upon amendment to section 1917(b)(1)(c) of the Social Security 22 Act by the United States Congress to delete the "May 14, 23 1993," deadline for approval by states of long-term care 24 partnership plans. 25 Section 5. The Office of Program Policy Analysis and 26 Government Accountability is directed to prepare a report on 27 the implementation of a qualified state Long-Term Care 28 Insurance Partnership Program in Florida. The report shall 29 include data on the number and value of policies sold and the 30 geographic areas in which the policies were purchased, a 31 demographic description of the policyholders, and other 3 9:17 AM 04/14/06 s1924c1d-ha02-tah
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 372124 1 information necessary to evaluate the program. The report 2 shall be provided to the Governor, the President of the 3 Senate, and the Speaker of the House of Representatives by 4 January 31, 2009. 5 Section 6. This act shall take effect upon becoming a 6 law. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to long-term care coverage; 16 reenacting and amending s. 409.9102, F.S.; 17 directing the Agency for Health Care 18 Administration, in consultation with the Office 19 of Insurance Regulation and the Department of 20 Children and Family Services, to amend the 21 Medicaid state plan that established the 22 Florida Long-Term Care Partnership Program for 23 purposes of compliance with provisions of the 24 Social Security Act; establishing a qualified 25 state Long-Term Care Insurance Partnership 26 Program in Florida; providing duties of the 27 program; requiring consultation with the Office 28 of Insurance Regulation and the Department of 29 Children and Family Services for the creation 30 of standards for certain information; providing 31 rulemaking authority to the agency for 4 9:17 AM 04/14/06 s1924c1d-ha02-tah
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 372124 1 implementation of s. 409.9102, F.S.; providing 2 rulemaking authority to the department 3 regarding determination of eligibility for 4 certain services; creating s. 627.94075, F.S.; 5 providing rulemaking authority to the Financial 6 Services Commission for the implementation of a 7 qualified state Long-Term Care Insurance 8 Partnership Program in Florida; repealing ss. 1 9 and 2 of ch. 2005-252, Laws of Florida, to 10 delete conflicting provisions relating to the 11 determination of eligibility for nursing and 12 rehabilitative services and the establishment 13 of the Florida Long-Term Care Partnership 14 Program that were contingent upon amendment to 15 the Social Security Act; amending s. 4 of ch. 16 2005-252, Laws of Florida, to delete a 17 contingency in an effective date; requiring the 18 Office of Program Policy Analysis and 19 Government Accountability to submit a report on 20 the implementation of a qualified state 21 Long-Term Care Insurance Partnership Program in 22 Florida to the Governor and Legislature; 23 providing an effective date. 24 25 26 27 28 29 30 31 5 9:17 AM 04/14/06 s1924c1d-ha02-tah