Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2050
                        Barcode 422358
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       03/22/2006 11:50 AM         .                    
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11  The Committee on Banking and Insurance (Garcia) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 5, line 30, through
16            page 6, line 25, delete those lines
17  
18  and insert:  
19         Section 2.  Subsection (28) is added to section
20  409.811, Florida Statutes, to read:
21         409.811  Definitions relating to Florida KidCare
22  Act.--As used in ss. 409.810-409.820, the term:
23         (28)  "Maximum income threshold" means a percentage of
24  the current federal poverty level used to determine
25  eligibility for certain program components, as approved by
26  federal waiver or state plan amendment. The agency shall seek
27  federal approval of the highest maximum income threshold
28  allowed by the Federal Government up to 300 percent of the
29  current federal poverty level. Until such federal approval is
30  granted, the threshold shall be 200 percent of the current
31  federal poverty level or the highest threshold allowed under
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 current federal waiver authority. 2 Section 3. Paragraph (a) of subsection (6) of section 3 409.8132, Florida Statutes, is amended to read: 4 409.8132 Medikids program component.-- 5 (6) ELIGIBILITY.-- 6 (a) A child who has attained the age of 1 year but who 7 is under the age of 5 years is eligible to enroll in the 8 Medikids program component of the Florida KidCare program, if 9 the child is a member of a family that has a family income 10 which exceeds the Medicaid applicable income level as 11 specified in s. 409.903, but which is equal to or below the 12 maximum income threshold 200 percent of the current federal 13 poverty level. In determining the eligibility of such a 14 child, an assets test is not required. A child who is eligible 15 for Medikids may elect to enroll in Florida Healthy Kids 16 coverage or employer-sponsored group coverage. However, a 17 child who is eligible for Medikids may participate in the 18 Florida Healthy Kids program only if the child has a sibling 19 participating in the Florida Healthy Kids program and the 20 child's county of residence permits such enrollment. 21 Section 4. Subsection (2) of section 409.8134, Florida 22 Statutes, is amended to read: 23 409.8134 Program enrollment and expenditure 24 ceilings.-- 25 (2) The Florida KidCare program may conduct enrollment 26 at any time throughout the year for the purpose of enrolling 27 children eligible for all program components listed in s. 28 409.813 except Medicaid. The four Florida KidCare 29 administrators shall work together to ensure that the 30 year-round enrollment period is announced statewide. Eligible 31 children shall be enrolled on a first-come, first-served basis 2 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 using the date the enrollment application is received. 2 Enrollment shall immediately cease when the enrollment ceiling 3 is reached. Year-round enrollment shall only be held if the 4 Social Services Estimating Conference determines that 5 sufficient federal and state funds will be available to 6 finance the increased enrollment for as long as federal 7 funding is available through federal fiscal year 2007. Any 8 individual who is not enrolled must reapply by submitting a 9 new application. The application for the Florida KidCare 10 program shall be valid for a period of 120 days after the date 11 it was received. At the end of the 120-day period, if the 12 applicant has not been enrolled in the program, the 13 application shall be invalid and the applicant shall be 14 notified of the action. The applicant may resubmit the 15 application after notification of the action taken by the 16 program. Except for the Medicaid program, whenever the Social 17 Services Estimating Conference determines that there are 18 presently, or will be by the end of the current fiscal year, 19 insufficient funds to finance the current or projected 20 enrollment in the Florida KidCare program, all additional 21 enrollment must cease and additional enrollment may not resume 22 until sufficient funds are available to finance such 23 enrollment. 24 Section 5. Section 409.814, Florida Statutes, is 25 amended to read: 26 409.814 Eligibility.--A child who has not reached 19 27 years of age whose family income is equal to or below the 28 maximum income threshold 200 percent of the federal poverty 29 level is eligible for the Florida KidCare program as provided 30 in this section. For enrollment in the Children's Medical 31 Services Network, a complete application includes the medical 3 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 or behavioral health screening. If, subsequently, an 2 individual is determined to be ineligible for coverage, he or 3 she must immediately be disenrolled from the respective 4 Florida KidCare program component. 5 (1) A child who is eligible for Medicaid coverage 6 under s. 409.903 or s. 409.904 must be enrolled in Medicaid 7 and is not eligible to receive health benefits under any other 8 health benefits coverage authorized under the Florida KidCare 9 program. 10 (2) A child who is not eligible for Medicaid, but who 11 is eligible for the Florida KidCare program, may obtain health 12 benefits coverage under any of the other components listed in 13 s. 409.813 if such coverage is approved and available in the 14 county in which the child resides. However, a child who is 15 eligible for Medikids may participate in the Florida Healthy 16 Kids program only if the child has a sibling participating in 17 the Florida Healthy Kids program and the child's county of 18 residence permits such enrollment. 19 (3) A child who is eligible for the Florida KidCare 20 program who is a child with special health care needs, as 21 determined through a medical or behavioral screening 22 instrument, is eligible for health benefits coverage from and 23 shall be referred to the Children's Medical Services Network. 24 (4) The following children are not eligible to receive 25 premium assistance for health benefits coverage under the 26 Florida KidCare program, except under Medicaid if the child 27 would have been eligible for Medicaid under s. 409.903 or s. 28 409.904 as of June 1, 1997: 29 (a) A child who is eligible for coverage under a state 30 health benefit plan on the basis of a family member's 31 employment with a public agency in the state. 4 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 (b) A child who is currently eligible for or covered 2 under a family member's group health benefit plan or under 3 other employer health insurance coverage, excluding coverage 4 provided under the Florida Healthy Kids Corporation as 5 established under s. 624.91, provided that the cost of the 6 child's participation is not greater than 5 percent of the 7 family's income. This provision shall be applied during 8 redetermination for children who were enrolled prior to July 9 1, 2004. These enrollees shall have 6 months of eligibility 10 following redetermination to allow for a transition to the 11 other health benefit plan. 12 (c) A child who is seeking premium assistance for the 13 Florida KidCare program through employer-sponsored group 14 coverage, if the child has been covered by the same employer's 15 group coverage during the 6 months prior to the family's 16 submitting an application for determination of eligibility 17 under the program. 18 (d) A child who is an alien, but who does not meet the 19 definition of qualified alien, in the United States. 20 (e) A child who is an inmate of a public institution 21 or a patient in an institution for mental diseases. 22 (f) A child who has had his or her coverage in an 23 employer-sponsored health benefit plan voluntarily canceled in 24 the last 6 months, except those children who were on the 25 waiting list prior to March 12, 2004. 26 (g) A child who is otherwise eligible for KidCare and 27 who has a preexisting condition that prevents coverage under 28 another insurance plan as described in paragraph (b) which 29 would have disqualified the child for KidCare if the child 30 were able to enroll in the plan shall be eligible for KidCare 31 coverage when enrollment is possible. 5 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 (5) A child whose family income is above the maximum 2 income threshold 200 percent of the federal poverty level or a 3 child who is excluded under the provisions of subsection (4) 4 may participate in the Florida KidCare program, excluding the 5 Medicaid program, but is subject to the following provisions: 6 (a) The family is not eligible for premium assistance 7 payments and must pay the full cost of the premium, including 8 any administrative costs. 9 (b) The agency is authorized to place limits on 10 enrollment in Medikids by these children in order to avoid 11 adverse selection. The number of children participating in 12 Medikids whose family income exceeds the maximum income 13 threshold 200 percent of the federal poverty level must not 14 exceed 10 percent of total enrollees in the Medikids program. 15 (c) The board of directors of the Florida Healthy Kids 16 Corporation is authorized to place limits on enrollment of 17 these children in order to avoid adverse selection. In 18 addition, the board is authorized to offer a reduced benefit 19 package to these children in order to limit program costs for 20 such families. The number of children participating in the 21 Florida Healthy Kids program whose family income exceeds the 22 maximum income threshold 200 percent of the federal poverty 23 level must not exceed 10 percent of total enrollees in the 24 Florida Healthy Kids program. 25 (d) Children described in this subsection are not 26 counted in the annual enrollment ceiling for the Florida 27 KidCare program. 28 (6) Once a child is enrolled in the Florida KidCare 29 program, the child is eligible for coverage under the program 30 for 12 months without a redetermination or reverification of 31 eligibility, if the family continues to pay the applicable 6 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 premium. Eligibility for program components funded through 2 Title XXI of the Social Security Act shall terminate when a 3 child attains the age of 19. Effective January 1, 1999, a 4 child who has not attained the age of 5 and who has been 5 determined eligible for the Medicaid program is eligible for 6 coverage for 12 months without a redetermination or 7 reverification of eligibility. 8 (7) When determining or reviewing a child's 9 eligibility under the Florida KidCare program, the applicant 10 shall be provided with reasonable notice of changes in 11 eligibility which may affect enrollment in one or more of the 12 program components. When a transition from one program 13 component to another is authorized, there shall be cooperation 14 between the program components and the affected family which 15 promotes continuity of health care coverage. Any authorized 16 transfers must be managed within the program's overall 17 appropriated or authorized levels of funding. Each component 18 of the program shall establish a reserve to ensure that 19 transfers between components will be accomplished within 20 current year appropriations. These reserves shall be reviewed 21 by each convening of the Social Services Estimating Conference 22 to determine the adequacy of such reserves to meet actual 23 experience. 24 (8) In determining the eligibility of a child, an 25 assets test is not required. Each applicant shall provide 26 written documentation during the application process and the 27 redetermination process, including, but not limited to, the 28 following: 29 (a) Proof of family income, which must include a copy 30 of the applicant's most recent federal income tax return. In 31 the absence of a federal income tax return, an applicant may 7 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 submit wages and earnings statements (pay stubs), W-2 forms, 2 or other appropriate documents. 3 (b) A statement from all family members that: 4 1. Their employer does not sponsor a health benefit 5 plan for employees; or 6 2. The potential enrollee is not covered by the 7 employer-sponsored health benefit plan because the potential 8 enrollee is not eligible for coverage, or, if the potential 9 enrollee is eligible but not covered, a statement of the cost 10 to enroll the potential enrollee in the employer-sponsored 11 health benefit plan. 12 (9) Subject to paragraph (4)(b) and s. 624.91(3), the 13 Florida KidCare program shall withhold benefits from an 14 enrollee if the program obtains evidence that the enrollee is 15 no longer eligible, submitted incorrect or fraudulent 16 information in order to establish eligibility, or failed to 17 provide verification of eligibility. The applicant or enrollee 18 shall be notified that because of such evidence program 19 benefits will be withheld unless the applicant or enrollee 20 contacts a designated representative of the program by a 21 specified date, which must be within 10 days after the date of 22 notice, to discuss and resolve the matter. The program shall 23 make every effort to resolve the matter within a timeframe 24 that will not cause benefits to be withheld from an eligible 25 enrollee. 26 (10) The following individuals may be subject to 27 prosecution in accordance with s. 414.39: 28 (a) An applicant obtaining or attempting to obtain 29 benefits for a potential enrollee under the Florida KidCare 30 program when the applicant knows or should have known the 31 potential enrollee does not qualify for the Florida KidCare 8 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 program. 2 (b) An individual who assists an applicant in 3 obtaining or attempting to obtain benefits for a potential 4 enrollee under the Florida KidCare program when the individual 5 knows or should have known the potential enrollee does not 6 qualify for the Florida KidCare program. 7 Section 6. Paragraph (a) of subsection (1) of section 8 409.818, Florida Statutes, is amended to read: 9 409.818 Administration.--In order to implement ss. 10 409.810-409.820, the following agencies shall have the 11 following duties: 12 (1) The Department of Children and Family Services 13 shall: 14 (a) Develop a simplified eligibility application 15 system, including the use of mail-in forms and electronic 16 information intake methods, mail-in form to be used for 17 determining the eligibility of children for coverage under the 18 Florida KidCare program, in consultation with the agency, the 19 Department of Health, and the Florida Healthy Kids 20 Corporation. The simplified eligibility application system 21 form must include an item that provides an opportunity for the 22 applicant to indicate whether coverage is being sought for a 23 child with special health care needs. Families applying for 24 children's Medicaid coverage must also be able to use the 25 simplified application form without having to pay a premium. 26 1. The department shall forward the family's 27 application information, together with accompanying 28 documentation, if any, to the Florida Healthy Kids 29 Corporation, and such application information and documents 30 shall be processed for KidCare program enrollment by the 31 Florida Healthy Kids Corporation in accordance with 9 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 eligibility criteria then in effect, without requiring the 2 applicant to submit a separate application for the KidCare 3 program. 4 2. A child shall be enrolled in the KidCare program if 5 the child is determined to be eligible for KidCare enrollment 6 and the family agrees to pay the KidCare program premiums, as 7 applicable. 8 Section 7. Section 409.8195, Florida Statutes, is 9 created to read: 10 409.8195 Marketing.-- 11 (1) Participating health insurance plans may develop 12 advertising and outreach materials and participate in outreach 13 activities such as health fairs and other public events, as 14 approved by the entity responsible for outreach, for the 15 purpose of educating families about the benefits of the 16 Florida KidCare program and contacting families when they are 17 disenrolled from or found ineligible for the Medicaid program 18 and at the time of redeterminations for both Medicaid and 19 KidCare programs. 20 (2) In all counties where there is more than one 21 Healthy Kids health insurance plan available, families shall 22 have a choice of health insurance plans. If a family does not 23 choose a health insurance plan, the corporation will assign 24 children to a health insurance plan. 25 Section 8. This act shall take effect upon becoming a 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 1, lines 11-13, delete those lines 10 4:42 PM 03/20/06 s2050c-bi40-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2050 Barcode 422358 1 and insert: 2 contribution; amending s. 409.811, F.S.; 3 defining the term "maximum income threshold"; 4 amending s. 409.8132, F.S.; revising 5 eligibility requirements for the Medikids 6 program component of the Florida KidCare 7 program; amending s. 409.8134, F.S.; revising 8 restrictions on enrollment in the Florida 9 KidCare program; amending s. 409.814, F.S.; 10 revising eligibility requirements for the 11 Florida KidCare program which relate to maximum 12 income levels; conforming a cross-reference; 13 amending s. 409.818, F.S.; revising duties of 14 the Department of Children and Family Services 15 relating to administration of the Florida 16 KidCare Act; creating s. 409.8195, F.S.; 17 allowing participating health insurance plans 18 to develop advertising and conduct outreach to 19 educate families about the Florida KidCare 20 program; requiring families to have a choice of 21 Healthy Kids health insurance plans if more 22 than one such plan is available in the county; 23 providing an effective date. 24 25 26 27 28 29 30 31 11 4:42 PM 03/20/06 s2050c-bi40-j02