HB 0947

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to long-term care coverage; reenacting and
7	amending s. 409.9102, F.S.; directing the Agency for
8	Health Care Administration, in consultation with the
9	Office of Insurance Regulation and the Department of
10	Children and Family Services, to amend the Medicaid state
11	plan that established the Florida Long-Term Care
12	Partnership Program for purposes of compliance with
13	provisions of the Social Security Act; establishing a
14	qualified state Long-Term Care Insurance Partnership
15	Program in Florida; providing duties of the program;
16	requiring consultation with the Office of Insurance
17	Regulation and the Department of Children and Family
18	Services for the creation of standards for certain
19	information; providing rulemaking authority to the agency
20	for implementation of s. 409.9102, F.S.; providing
21	rulemaking authority to the department regarding
22	determination of eligibility for certain services;
23	creating s. 627.94075, F.S.; providing rulemaking
24	authority to the Financial Services Commission for the
25	implementation of a qualified state Long-Term Care
26	Insurance Partnership Program in Florida; repealing ss. 1
27	and 2 of ch. 2005-252, Laws of Florida, to delete
28	conflicting provisions relating to the determination of
29	eligibility for nursing and rehabilitative services and
30	the establishment of the Florida Long-Term Care
31	Partnership Program that were contingent upon amendment to
32	the Social Security Act; amending s. 4 of ch. 2005-252,
33	Laws of Florida, to delete a contingency in an effective
34	date; requiring the Office of Program Policy Analysis and
35	Government Accountability to submit a report on the
36	implementation of a qualified state Long-Term Care
37	Insurance Partnership Program in Florida to the Governor
38	and Legislature; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 409.9102, Florida Statutes, as created
43	by section 2 of chapter 2005-252, Laws of Florida, is reenacted
44	and amended to read:
45	(Substantial rewording of section. See
46	s. 409.9102, F.S., for present text.)
47	409.9102  A qualified state Long-Term Care Insurance
48	Partnership Program in Florida.--The Agency for Health Care
49	Administration, in consultation with the Office of Insurance
50	Regulation and the Department of Children and Family Services,
51	is directed to establish a qualified state Long-Term Care
52	Insurance Partnership Program in Florida, in compliance with the
53	requirements of s. 1917(b) of the Social Security Act, as
54	amended.
55	(1)  The program shall:
56	(a)  Provide incentives for an individual to obtain or
57	maintain insurance to cover the cost of long-term care.
58	(b)  Provide a mechanism to qualify for coverage of the
59	costs of long-term care needs under Medicaid without first being
60	required to substantially exhaust his or her assets, including a
61	provision for the disregard of any assets in an amount equal to
62	the insurance benefit payments that are made to or on behalf of
63	an individual who is a beneficiary under the program.
64	(c)  Alleviate the financial burden on the state's medical
65	assistance program by encouraging the pursuit of private
66	initiatives.
67	(2)  The Agency for Health Care Administration, in
68	consultation with the Office of Insurance Regulation and the
69	Department of Children and Family Services, and in accordance
70	with federal guidelines, shall create standards for long-term
71	care partnership program information distributed to individuals
72	through insurance companies offering approved long-term care
73	partnership program policies.
74	(3)  The Agency for Health Care Administration is
75	authorized to amend the Medicaid state plan and adopt rules
76	pursuant to ss. 120.536(1) and 120.54 to implement this section.
77	(4)  The Department of Children and Family Services, when
78	determining eligibility for Medicaid long-term care services for
79	an individual who is the beneficiary of an approved long-term
80	care partnership program policy, shall reduce the total
81	countable assets of the individual by an amount equal to the
82	insurance benefit payments that are made to or on behalf of the
83	individual. The department is authorized to adopt rules pursuant
84	to ss. 120.536(1) and 120.54 to implement this subsection.
85	Section 2.  Section 627.94075, Florida Statutes, is created
86	to read:
87	627.94075  A qualified state Long-Term Care Insurance
88	Partnership Program in Florida.--The commission may adopt rules
89	pursuant to ss. 120.536(1) and 120.54 to implement applicable
90	provisions of a qualified state Long-Term Care Insurance
91	Partnership Program in Florida in accordance with the
92	requirements of s. 1917(b) of the Social Security Act, as
93	amended, any applicable federal guidelines, and any rules
94	necessary to ensure program compliance by insurers as provided
95	in s. 409.9102.
96	Section 3.  Sections 1 and 2 of chapter 2005-252, Laws of
97	Florida, are repealed.
98	Section 4.  Section 4 of chapter 2005-252, Laws of Florida,
99	is amended to read:
100	Section 4.  This act shall take effect upon becoming a law,
101	except that the amendments to section 409.905, Florida Statutes,
102	and the newly created section 409.9102, Florida Statutes,
103	provided in this act shall take effect contingent upon amendment
104	to section 1917(b)(1)(c) of the Social Security Act by the
105	United States Congress to delete the "May 14, 1993," deadline
106	for approval by states of long-term care partnership plans.
107	Section 5.  The Office of Program Policy Analysis and
108	Government Accountability is directed to prepare a report on the
109	implementation of a qualified state Long-Term Care Insurance
110	Partnership Program in Florida. The report shall include data on
111	the number and value of policies sold and the geographic areas
112	in which the policies were purchased, a demographic description
113	of the policyholders, and other information necessary to
114	evaluate the program. The report shall be provided to the
115	Governor, the President of the Senate, and the Speaker of the
116	House of Representatives by January 31, 2009.
117	Section 6.  This act shall take effect upon becoming a law.

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