| 1 | Representative(s) Legg offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 555 and 556, insert: |
| 5 | Section 22. Section 409.9102, Florida Statutes, as created |
| 6 | by section 2 of chapter 2005-252, Laws of Florida, is reenacted |
| 7 | and amended to read: |
| 8 | (Substantial rewording of section. See |
| 9 | s. 409.9102, F.S., for present text.) |
| 10 | 409.9102 A qualified state Long-Term Care Insurance |
| 11 | Partnership Program in Florida.--The Agency for Health Care |
| 12 | Administration, in consultation with the Office of Insurance |
| 13 | Regulation and the Department of Children and Family Services, |
| 14 | is directed to establish a qualified state Long-Term Care |
| 15 | Insurance Partnership Program in Florida, in compliance with the |
| 16 | requirements of s. 1917(b) of the Social Security Act, as |
| 17 | amended. |
| 18 | (1) The program shall: |
| 19 | (a) Provide incentives for an individual to obtain or |
| 20 | maintain insurance to cover the cost of long-term care. |
| 21 | (b) Provide a mechanism to qualify for coverage of the |
| 22 | costs of long-term care needs under Medicaid without first being |
| 23 | required to substantially exhaust his or her assets, including a |
| 24 | provision for the disregard of any assets in an amount equal to |
| 25 | the insurance benefit payments that are made to or on behalf of |
| 26 | an individual who is a beneficiary under the program. |
| 27 | (c) Alleviate the financial burden on the state's medical |
| 28 | assistance program by encouraging the pursuit of private |
| 29 | initiatives. |
| 30 | (2) The Agency for Health Care Administration, in |
| 31 | consultation with the Office of Insurance Regulation and the |
| 32 | Department of Children and Family Services, and in accordance |
| 33 | with federal guidelines, shall create standards for long-term |
| 34 | care partnership program information distributed to individuals |
| 35 | through insurance companies offering approved long-term care |
| 36 | partnership program policies. |
| 37 | (3) The Agency for Health Care Administration is |
| 38 | authorized to amend the Medicaid state plan and adopt rules |
| 39 | pursuant to ss. 120.536(1) and 120.54 to implement this section. |
| 40 | (4) The Department of Children and Family Services, when |
| 41 | determining eligibility for Medicaid long-term care services for |
| 42 | an individual who is the beneficiary of an approved long-term |
| 43 | care partnership program policy, shall reduce the total |
| 44 | countable assets of the individual by an amount equal to the |
| 45 | insurance benefit payments that are made to or on behalf of the |
| 46 | individual. The department is authorized to adopt rules pursuant |
| 47 | to ss. 120.536(1) and 120.54 to implement this subsection. |
| 48 | Section 23. Section 627.94075, Florida Statutes, is |
| 49 | created to read: |
| 50 | 627.94075 A qualified state Long-Term Care Insurance |
| 51 | Partnership Program in Florida.--The commission may adopt rules |
| 52 | pursuant to ss. 120.536(1) and 120.54 to implement applicable |
| 53 | provisions of a qualified state Long-Term Care Insurance |
| 54 | Partnership Program in Florida in accordance with the |
| 55 | requirements of s. 1917(b) of the Social Security Act, as |
| 56 | amended, any applicable federal guidelines, and any rules |
| 57 | necessary to ensure program compliance by insurers as provided |
| 58 | in s. 409.9102. |
| 59 | Section 24. Sections 1 and 2 of chapter 2005-252, Laws of |
| 60 | Florida, are repealed. |
| 61 | Section 25. Section 4 of chapter 2005-252, Laws of |
| 62 | Florida, is amended to read: |
| 63 | Section 4. This act shall take effect upon becoming a law, |
| 64 | except that the amendments to section 409.905, Florida Statutes, |
| 65 | and the newly created section 409.9102, Florida Statutes, |
| 66 | provided in this act shall take effect contingent upon amendment |
| 67 | to section 1917(b)(1)(c) of the Social Security Act by the |
| 68 | United States Congress to delete the "May 14, 1993," deadline |
| 69 | for approval by states of long-term care partnership plans. |
| 70 | Section 26. The Office of Program Policy Analysis and |
| 71 | Government Accountability is directed to prepare a report on the |
| 72 | implementation of a qualified state Long-Term Care Insurance |
| 73 | Partnership Program in Florida. The report shall include data on |
| 74 | the number and value of policies sold and the geographic areas |
| 75 | in which the policies were purchased, a demographic description |
| 76 | of the policyholders, and other information necessary to |
| 77 | evaluate the program. The report shall be provided to the |
| 78 | Governor, the President of the Senate, and the Speaker of the |
| 79 | House of Representatives by January 31, 2009. |
| 80 |
|
| 81 |
|
| 82 | ======= T I T L E A M E N D M E N T ======= |
| 83 | Remove line 53 and insert: |
| 84 | by the act; providing application; reenacting and amending s. |
| 85 | 409.9102, F.S.; directing the Agency for Health Care |
| 86 | Administration, in consultation with the Office of Insurance |
| 87 | Regulation and the Department of Children and Family Services, |
| 88 | to amend the Medicaid state plan that established the Florida |
| 89 | Long-Term Care Partnership Program for purposes of compliance |
| 90 | with provisions of the Social Security Act; establishing a |
| 91 | qualified state Long-Term Care Insurance Partnership Program in |
| 92 | Florida; providing duties of the program; requiring consultation |
| 93 | with the Office of Insurance Regulation and the Department of |
| 94 | Children and Family Services for the creation of standards for |
| 95 | certain information; providing rulemaking authority to the |
| 96 | agency for implementation of s. 409.9102, F.S.; providing |
| 97 | rulemaking authority to the department regarding determination |
| 98 | of eligibility for certain services; creating s. 627.94075, |
| 99 | F.S.; providing rulemaking authority to the Financial Services |
| 100 | Commission for the implementation of a qualified state Long-Term |
| 101 | Care Insurance Partnership Program in Florida; repealing ss. 1 |
| 102 | and 2 of ch. 2005-252, Laws of Florida, to delete conflicting |
| 103 | provisions relating to the determination of eligibility for |
| 104 | nursing and rehabilitative services and the establishment of the |
| 105 | Florida Long-Term Care Partnership Program that were contingent |
| 106 | upon amendment to the Social Security Act; amending s. 4 of ch. |
| 107 | 2005-252, Laws of Florida, to delete a contingency in an |
| 108 | effective date; requiring the Office of Program Policy Analysis |
| 109 | and Government Accountability to submit a report on the |
| 110 | implementation of a qualified state Long-Term Care Insurance |
| 111 | Partnership Program in Florida to the Governor and Legislature; |
| 112 | providing an effective |