Florida Senate - 2008 SB 1456

By Senator Wilson

33-03591-08 20081456__

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A bill to be entitled

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An act relating to medical assistance eligibility of

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inmates; creating s. 409.9025, F.S.; providing for

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suspension of medical assistance for certain incarcerated

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persons while such persons are inmates; providing an

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exception; providing for eligibility following release

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from incarceration; providing that, to the extent

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permitted under federal law, the time during which such

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person is an inmate shall not be included in any

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calculation of when the person must recertify his or her

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eligibility; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 409.9025, Florida Statutes, is created

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to read:

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     409.9025 Eligibility while an inmate.--

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     (1) Notwithstanding any other provision of law other than

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s. 409.9021, in the event that a person who is an inmate in the

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state's correctional system as defined in s. 944.02, in a county

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detention facility as defined in s. 951.23, or in a municipal

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detention facility as defined in s. 951.23 was in receipt of

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medical assistance under this chapter immediately prior to being

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admitted as an inmate, such person shall remain eligible for

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medical assistance while an inmate, except that no medical

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assistance shall be furnished under this chapter for any care,

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services, or supplies provided during such time as the person is

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an inmate; however, nothing in this section shall be deemed as

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preventing the provision of medical assistance for inpatient

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hospital services furnished to an inmate at a hospital outside of

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the premises of the inmate's facility to the extent that federal

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financial participation is available for the costs of such

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services.

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     (2) Upon release from incarceration, such person shall

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continue to be eligible for receipt of medical assistance

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furnished under this chapter until such time as the person is

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otherwise determined to no longer be eligible for such

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assistance.

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     (3) To the extent permitted by federal law, the time during

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which such person is an inmate shall not be included in any

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calculation of when the person must recertify his or her

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eligibility for medical assistance in accordance with this

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chapter.

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     Section 2.  This act shall take effect July 1, 2008.

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