Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2290
Barcode 215590
CHAMBER ACTION
Senate House
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11 The Committee on General Government Appropriations (Lawson)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 6, between lines 22 and 23,
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17 insert:
18 Section 7. 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 Florida Long-Term Care Partnership
24 Program.--The Agency for Health Care Administration, in
25 consultation with the Office of Insurance Regulation and the
26 Department of Children and Family Services, is directed to
27 establish the Florida Long-Term Care Partnership Program, in
28 compliance with the requirements of s. 1917(b) of the Social
29 Security Act, as amended.
30 (1) The program shall:
31 (a) Provide incentives for an individual to obtain or
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2290
Barcode 215590
1 maintain insurance to cover the cost of long-term care.
2 (b) Provide a mechanism for an individual to qualify
3 for coverage of the costs of long-term care needs under
4 Medicaid without first being required to substantially exhaust
5 his or her assets, including a provision for the disregard of
6 any assets in an amount equal to the insurance benefit
7 payments that are made to or on behalf of an individual who is
8 a beneficiary under the Florida Long-Term Care Partnership
9 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, shall create
16 standards for long-term care partnership plan information
17 distributed to individuals through insurance companies
18 offering approved partnership policies.
19 (3) The Agency for Health Care Administration is
20 authorized to amend the Medicaid state plan and adopt rules
21 pursuant to ss. 120.536(1) and 120.54 to implement this
22 section.
23 (4) The Department of Children and Family Services,
24 when determining eligibility for Medicaid long-term care
25 services for an individual who is the beneficiary of an
26 approved long-term care partnership policy, shall reduce the
27 total countable assets of the individual by an amount equal to
28 the insurance benefit payments that are made to or on behalf
29 of the individual. The department is authorized to adopt rules
30 pursuant to ss. 120.536(1) and 120.54 to implement this
31 subsection.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2290
Barcode 215590
1 Section 8. Section 627.94076, Florida Statutes, is
2 created to read:
3 627.94076 Florida Long-Term Care Partnership
4 Program.--
5 (1) The office, in consultation with the Agency for
6 Health Care Administration and the Department of Children and
7 Family Services, is directed to develop standards for the
8 designation of eligible long-term care policies to be issued
9 in accordance with the Florida Long-Term Care Partnership
10 Program as described in s. 409.9102 and a form or forms that
11 shall be used by insurers to assist insureds and the program
12 in making a determination of eligible policies. Insurers, upon
13 request of the office, shall provide information necessary to
14 determine the number of eligible policies, the amount of
15 benefits paid, and the types and kinds of products offered in
16 order to monitor the implementation of the program.
17 (2) The commission may adopt rules pursuant to ss.
18 120.536(1) and 120.54 to implement applicable provisions of
19 the Long-Term Care Partnership Program, establish standards
20 for the determination of whether a policy is eligible for the
21 program, establish the proper reporting of benefits paid under
22 partnership-eligible insurance policies, adopt standardized
23 forms to be used by insurers to provide information to
24 insureds and the program regarding the eligibility of the
25 insurer's long-term care policy as a qualifying or
26 nonqualifying policy with the program, and adopt forms to be
27 filed by insurers to report information requested by the
28 office in connection with the program.
29 Section 9. Sections 1 and 2 of chapter 2005-252, Laws
30 of Florida, are repealed.
31 Section 10. Section 4 of chapter 2005-252, Laws of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2290
Barcode 215590
1 Florida, is amended to read:
2 Section 4. This act shall take effect upon becoming a
3 law, except that the amendments to section 409.905, Florida
4 Statutes, and the newly created section 409.9102, Florida
5 Statutes, provided in this act shall take effect contingent
6 upon amendment to section 1917(b)(1)(c) of the Social Security
7 Act by the United States Congress to delete the "May 14,
8 1993," deadline for approval by states of long-term care
9 partnership plans.
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11 (Redesignate subsequent sections.)
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 23, following the first semicolon
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18 insert:
19 reenacting and amending s. 409.9102, F.S.;
20 directing the Agency for Health Care
21 Administration, in consultation with the Office
22 of Insurance Regulation and the Department of
23 Children and Family Services, to amend the
24 Medicaid state plan that established the
25 Florida Long-Term Care Partnership Program for
26 purposes of compliance with provisions of the
27 Social Security Act; providing duties of the
28 program; requiring consultation with the Office
29 of Insurance Regulation and the Department of
30 Children and Family Services for the creation
31 of standards for certain information; providing
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2290
Barcode 215590
1 rulemaking authority to the agency for
2 implementation of s. 409.9102, F.S.; providing
3 rulemaking authority to the department
4 regarding determination of eligibility for
5 certain services; creating s. 627.94076, F.S.;
6 requiring the office, in consultation with the
7 agency and the department, to develop standards
8 for designation of eligible long-term care
9 policies and related forms; providing
10 rulemaking authority to the Financial Services
11 Commission for the implementation of the
12 Long-Term Care Partnership Program; repealing
13 ss. 1 and 2 of ch. 2005-252, Laws of Florida,
14 to delete conflicting provisions relating to
15 determining eligibility for nursing and
16 rehabilitative services and establishing a
17 Long-Term Care Partnership Program which were
18 contingent upon amendment to the Social
19 Security Act; amending s. 4 of ch. 2005-252,
20 Laws of Florida, to delete a contingency in an
21 effective date;
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