Florida Senate - 2008 SB 2032

By Senator Fasano

11-03213A-08 20082032__

1

A bill to be entitled

2

An act relating to the Florida Kidcare program; amending.

3

s. 409.8132, F.S.; requiring the Agency for Health Care

4

Administration to assign a Medikids applicant to the same

5

or related managed care plan or same MediPass provider to

6

which other family members are assigned; conforming

7

provisions to changes made by the act; amending s.

8

409.8134, F.S.; revising provisions relating to the

9

Kidcare program expenditure ceiling; providing that an

10

invalid application may be reactivated rather than

11

resubmitted; amending s. 409.814, F.S.; providing that a

12

child who is losing eligibility for Title XIX-funded

13

Kidcare coverage is eligible for the Title XXI-funded

14

program and has a specified time of continued eligibility

15

until transferred; requiring the agency to seek a state

16

plan amendment or federal waiver authority and secure

17

federal matching funds; revising provisions relating to

18

ineligibility for premium assistance under the program;

19

requiring health plan and health care providers to promote

20

continued health care coverage under the program;

21

requiring certain agencies to provide advanced notice to

22

Medicaid managed care plans and MediPass providers when

23

members or patients are losing eligibility; requiring an

24

applicant's information to be available electronically;

25

providing an exception for applicants seeking full-pay

26

coverage under the program; amending. s. 409.816, F.S.;

27

conforming a cross-reference; amending s. 409.818, F.S.;

28

requiring the Department of Children and Family Services

29

to develop a standardized eligibility application by a

30

specified date; requiring the department to redetermine or

31

reverify eligibility after enrollment; requiring the

32

department to design a plan for determining an applicant's

33

eligibility for public assistance or Medicaid and submit

34

such plan to the Governor and the Legislature by a

35

specified date; deleting the Department of Health's duties

36

with regard to the Kidcare program; requiring certain

37

agencies to establish a single toll-free telephone number

38

by a specified date; requiring the Agency for Health Care

39

Administration to develop and implement an outreach and

40

marketing program promoting public awareness of the

41

program; requiring the agency to seek and implement

42

federal waivers or state plan amendments; amending s.

43

624.91, F.S.; providing that health and dental plans

44

participating in the Florida Healthy Kids program may

45

develop and distribute marketing and promotional materials

46

and participate in public events; providing that such

47

plans may contact current and former enrollees to

48

encourage continued participation and assist with

49

transfers from one plan to another; requiring the Florida

50

Healthy Kids Corporation and the agency to establish an

51

assignment process that keeps family members assigned to

52

the same or related plan and allows an applicant to enroll

53

in a sibling's Medicaid provider service network or health

54

maintenance organization for coverage under the Florida

55

Healthy Kids program under certain circumstances;

56

providing an effective date.

57

58

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

59

60

     Section 1.  Paragraph (b) of subsection (6) and subsection

61

(7) of section 409.8132, Florida Statutes, are amended to read:

62

     409.8132  Medikids program component.--

63

     (6)  ELIGIBILITY.--

64

     (b) The provisions of s. 409.814(3), (4), (5) (4), and (6)

65

(5) shall be applicable to the Medikids program.

66

     (7)  ENROLLMENT.--Enrollment in the Medikids program

67

component may occur at any time throughout the year. A child may

68

not receive services under the Medikids program until the child

69

is enrolled in a managed care plan or MediPass. Once determined

70

eligible, an applicant may receive choice counseling and select a

71

managed care plan or MediPass. The agency may initiate mandatory

72

assignment for a Medikids applicant who has not chosen a managed

73

care plan or MediPass provider after the applicant's voluntary

74

choice period ends. The agency shall assign the Medikids

75

applicant to the same managed care plan or to the same MediPass

76

provider to which other family members are assigned, to the

77

greatest extent possible, even if some family members are

78

enrolled in Medicaid and others are enrolled in the Medikids

79

program. An applicant may select MediPass under the Medikids

80

program component only in counties that have fewer than two

81

managed care plans available to serve Medicaid recipients and

82

only if the federal Health Care Financing Administration

83

determines that MediPass constitutes "health insurance coverage"

84

as defined in Title XXI of the Social Security Act.

85

     Section 2.  Subsection (2) of section 409.8134, Florida

86

Statutes, is amended to read:

87

     409.8134  Program expenditure ceiling.--

88

     (2)  The Florida Kidcare program may conduct enrollment at

89

any time throughout the year for the purpose of enrolling

90

children eligible for all program components listed in s. 409.813

91

except Medicaid. The four Florida Kidcare administrators shall

92

work together to ensure that the year-round enrollment period is

93

announced statewide. Eligible children shall be enrolled on a

94

first-come, first-served basis using the date the enrollment

95

application is received. Enrollment shall immediately cease when

96

the expenditure ceiling is reached. Year-round enrollment shall

97

only be held only if the Social Services Estimating Conference

98

determines that sufficient federal and state funds will be

99

available to finance the increased enrollment through federal

100

fiscal year 2007. Any individual who is not enrolled must reapply

101

by submitting a new application. The application for the Florida

102

Kidcare program is shall be valid for a period of 120 days after

103

the date it was received. At the end of the 120-day period, if

104

the applicant has not been enrolled in the program, the

105

application is shall be invalid and the applicant must shall be

106

notified of the action. The applicant may reactivate resubmit the

107

application after notification of the action taken by the

108

program. Except for the Medicaid program, whenever the Social

109

Services Estimating Conference determines that there are

110

presently, or will be by the end of the current fiscal year,

111

insufficient funds to finance the current or projected enrollment

112

in the Florida Kidcare program, all additional enrollment must

113

cease and additional enrollment may not resume until sufficient

114

funds are available to finance such enrollment.

115

     Section 3.  Section 409.814, Florida Statutes, is amended to

116

read:

117

     409.814  Eligibility.--A child who has not reached 19 years

118

of age and whose family income is equal to or below 200 percent

119

of the federal poverty level is eligible for the Florida Kidcare

120

program as provided in this section. For enrollment in the

121

Children's Medical Services Network, a complete application

122

includes the medical or behavioral health screening. If,

123

subsequently, an individual is determined to be ineligible for

124

coverage, he or she must be immediately be disenrolled from the

125

respective Florida Kidcare program component.

126

     (1)  A child who is eligible for Medicaid coverage under s.

127

409.903 or s. 409.904 must be enrolled in Medicaid and is not

128

eligible to receive health benefits under any other health

129

benefits coverage authorized under the Florida Kidcare program.

130

     (2)  A child who is not eligible for Medicaid, but who is

131

eligible for the Florida Kidcare program, may obtain health

132

benefits coverage under any of the other components listed in s.

133

409.813 if such coverage is approved and available in the county

134

in which the child resides. However, a child who is eligible for

135

Medikids may participate in the Florida Healthy Kids program only

136

if the child has a sibling participating in the Florida Healthy

137

Kids program and the child's county of residence permits such

138

enrollment.

139

     (3)  A child who is eligible for the Florida Kidcare program

140

and has who is a child with special health care needs, as

141

determined through a medical or behavioral screening instrument,

142

is eligible for health benefits coverage from and must shall be

143

referred to the Children's Medical Services Network.

144

     (4) A child who will lose eligibility for Title XIX-funded

145

Florida Kidcare coverage due to income limits or age limits is

146

presumed eligible for the Title XXI-funded Florida Kidcare

147

program and, following redetermination, has 60 days of continued

148

eligibility within his or her existing plan or coverage to allow

149

for the transition to Title XXI-funded Florida Kidcare coverage.

150

In order to ensure there is no lapse in coverage, the child's

151

eligibility within his or her existing plan or coverage must be

152

extended beyond the 60 days, if necessary. The Agency for Health

153

Care Administration shall seek a state plan amendment or federal

154

waiver authority under Title XIX or Title XXI of the Social

155

Security Act to continue eligibility and secure federal matching

156

funds consistent with the federal State Children's Health

157

Insurance Program match for the additional 60 days of

158

eligibility.

159

     (5)(4) The following children are not eligible to receive

160

premium assistance for health benefits coverage under the Florida

161

Kidcare program, except under Medicaid if the child would have

162

been eligible for Medicaid under s. 409.903 or s. 409.904 as of

163

June 1, 1997:

164

     (a)  A child who is eligible for coverage under a state

165

health benefit plan on the basis of a family member's employment

166

with a public agency in the state.

167

     (b)  A child who is currently eligible for or covered under

168

a family member's group health benefit plan or under other

169

employer health insurance coverage, excluding coverage provided

170

under the Florida Healthy Kids Corporation as established under

171

s. 624.91, if provided that the cost of the child's participation

172

is not greater than 5 percent of the family's income. This

173

provision shall be applied during redetermination for children

174

who were enrolled prior to July 1, 2004. These enrollees shall

175

have 6 months of eligibility following redetermination to allow

176

for a transition to the other health benefit plan.

177

     (c)  A child who is seeking premium assistance for the

178

Florida Kidcare program through employer-sponsored group

179

coverage, if the child has been covered by the same employer's

180

group coverage during the 6 months before prior to the family's

181

submitting an application for determination of eligibility under

182

the program.

183

     (d)  A child who is an alien, but who does not meet the

184

definition of qualified alien, in the United States.

185

     (e)  A child who is an inmate of a public institution or a

186

patient in an institution for mental diseases.

187

     (f)  A child who has had his or her coverage in an employer-

188

sponsored health benefit plan voluntarily canceled in the last 90

189

days 6 months, except those children who were on the waiting list

190

prior to March 12, 2004.

191

     (g)  A child who is otherwise eligible for Kidcare and who

192

has a preexisting condition that prevents coverage under another

193

insurance plan as described in paragraph (b) which would have

194

disqualified the child for Kidcare if the child were able to

195

enroll in the plan shall be eligible for Kidcare coverage when

196

enrollment is possible.

197

     (6)(5) A child whose family income is above 200 percent of

198

the federal poverty level or a child who is excluded under the

199

provisions of subsection (5) (4) may participate in the Medikids

200

program as provided in s. 409.8132 or, if the child is ineligible

201

for Medikids by reason of age, in the Florida Healthy Kids

202

program, subject to the following provisions:

203

     (a)  The family is not eligible for premium assistance

204

payments and must pay the full cost of the premium, including any

205

administrative costs.

206

     (b)  The agency is authorized to place limits on enrollment

207

in Medikids by these children in order to avoid adverse

208

selection. The number of children participating in Medikids whose

209

family income exceeds 200 percent of the federal poverty level

210

must not exceed 10 percent of total enrollees in the Medikids

211

program.

212

     (c)  The board of directors of the Florida Healthy Kids

213

Corporation is authorized to place limits on enrollment of these

214

children in order to avoid adverse selection. In addition, the

215

board is authorized to offer a reduced benefit package to these

216

children in order to limit program costs for such families. The

217

number of children participating in the Florida Healthy Kids

218

program whose family income exceeds 200 percent of the federal

219

poverty level must not exceed 10 percent of total enrollees in

220

the Florida Healthy Kids program.

221

     (7)(6) Once a child is enrolled in the Florida Kidcare

222

program, the child is eligible for coverage under the program for

223

12 months without a redetermination or reverification of

224

eligibility, if the family continues to pay the applicable

225

premium. Eligibility for program components funded through Title

226

XXI of the Social Security Act terminates shall terminate when a

227

child attains the age of 19. Effective January 1, 1999, a child

228

who has not attained the age of 5 and who has been determined

229

eligible for the Medicaid program is eligible for coverage for 12

230

months without a redetermination or reverification of

231

eligibility.

232

     (8)(7) When determining or reviewing a child's eligibility

233

under the Florida Kidcare program, the applicant must shall be

234

provided with reasonable notice of changes in eligibility which

235

may affect enrollment in one or more of the program components.

236

When a transition from one program component to another is

237

authorized, there must shall be cooperation between the program

238

components, and the affected family, the child's health plan, and

239

the child's health care providers to promote which promotes

240

continuity of health care coverage. The agency, in coordination

241

with the Department of Children and Family Services, shall notify

242

Medicaid managed care plans and MediPass providers at least 60

243

days in advance of members or patients who will lose eligibility

244

for Medicaid or Medikids so that the health plans and providers

245

may assist the families of such members or patients in applying

246

for Florida Kidcare coverage. Any authorized transfers must be

247

managed within the program's overall appropriated or authorized

248

levels of funding. Each component of the program shall establish

249

a reserve to ensure that transfers between components will be

250

accomplished within current year appropriations. These reserves

251

shall be reviewed by each convening of the Social Services

252

Estimating Conference to determine the adequacy of such reserves

253

to meet actual experience.

254

     (9)(8) In determining the eligibility of a child, an assets

255

test is not required. An applicant's information must be

256

available electronically, if possible, to determine eligibility

257

for the Florida Kidcare program. If such information cannot be

258

verified electronically, each applicant shall provide written

259

documentation during the application process and the

260

redetermination process, including, but not limited to, the

261

following:

262

     (a) Proof of family income that includes, which must

263

include a copy of the applicant's most recent federal income tax

264

return. In the absence of a federal income tax return, an

265

applicant may submit wages and earnings statements (pay stubs),

266

W-2 forms, or other appropriate documents.

267

     (b) A statement from all employed family members that:

268

     1.  Their employer does not sponsor a health benefit plan

269

for employees; or

270

     2.  The potential enrollee is not covered by the employer-

271

sponsored health benefit plan because the potential enrollee is

272

not eligible for coverage, or, if the potential enrollee is

273

eligible but not covered, a statement of the cost to enroll the

274

potential enrollee in the employer-sponsored health benefit plan.

275

     (10)(9) Subject to paragraph (5)(b) (4)(b) and s.

276

624.91(4), the Florida Kidcare program shall withhold benefits

277

from an enrollee if the program obtains evidence that the

278

enrollee is no longer eligible, submitted incorrect or fraudulent

279

information in order to establish eligibility, or failed to

280

provide verification of eligibility. The applicant or enrollee

281

shall be notified that because of such evidence program benefits

282

will be withheld unless the applicant or enrollee contacts a

283

designated representative of the program by a specified date,

284

which must be within 10 days after the date of notice, to discuss

285

and resolve the matter. The program shall make every effort to

286

resolve the matter within a timeframe that will not cause

287

benefits to be withheld from an eligible enrollee.

288

     (11)(10) The following individuals may be subject to

289

prosecution in accordance with s. 414.39:

290

     (a)  An applicant obtaining or attempting to obtain benefits

291

for a potential enrollee under the Florida Kidcare program when

292

the applicant knows or should have known the potential enrollee

293

does not qualify for the Florida Kidcare program.

294

     (b)  An individual who assists an applicant in obtaining or

295

attempting to obtain benefits for a potential enrollee under the

296

Florida Kidcare program when the individual knows or should have

297

known the potential enrollee does not qualify for the Florida

298

Kidcare program.

299

300

A person applying for full-pay coverage under the Florida Kidcare

301

program is not required to provide the information required under

302

this section.

303

     Section 4.  Subsection (3) of section 409.816, Florida

304

Statutes, is amended to read:

305

     409.816  Limitations on premiums and cost-sharing.--The

306

following limitations on premiums and cost-sharing are

307

established for the program.

308

     (3)  Enrollees in families with a family income above 150

309

percent of the federal poverty level, who are not receiving

310

coverage under the Medicaid program or who are not eligible under

311

s. 409.814(6) s. 409.814(5), may be required to pay enrollment

312

fees, premiums, copayments, deductibles, coinsurance, or similar

313

charges on a sliding scale related to income, except that the

314

total annual aggregate cost-sharing with respect to all children

315

in a family may not exceed 5 percent of the family's income.

316

However, copayments, deductibles, coinsurance, or similar charges

317

may not be imposed for preventive services, including well-baby

318

and well-child care, age-appropriate immunizations, and routine

319

hearing and vision screenings.

320

     Section 5.  Section 409.818, Florida Statutes, is amended to

321

read:

322

     409.818  Administration.--In order to implement ss. 409.810-

323

409.820, the following agencies shall have the following duties:

324

     (1)  The Department of Children and Family Services shall:

325

     (a) Develop a standardized simplified eligibility

326

application mail-in form to be used for determining the

327

eligibility of children for coverage for all components of under

328

the Florida Kidcare program, in consultation with the agency, the

329

Department of Health, and the Florida Healthy Kids Corporation.

330

The standardized simplified eligibility application form must

331

include an item that provides an opportunity for the applicant to

332

indicate whether coverage is being sought for a child having with

333

special health care needs. Families applying for children's

334

Medicaid coverage must also be able to use the standardized

335

simplified application form without having to pay a premium. The

336

standardized eligibility application form must be available for

337

use no later than July 1, 2009.

338

     (b)  Establish and maintain the eligibility determination

339

process under the program except as specified in subsection (4)

340

(5). The department shall directly, or through the services of a

341

contracted third-party administrator, establish and maintain a

342

process for determining eligibility of children for coverage

343

under the program. The eligibility determination process must be

344

used solely for determining eligibility of applicants for health

345

benefits coverage under the program. The eligibility

346

determination process must include an initial determination of

347

eligibility for any coverage offered under the program, as well

348

as a redetermination or reverification of eligibility 12 months

349

after enrollment and each subsequent 12 6 months. Effective

350

January 1, 1999, a child who has not attained the age of 5 and

351

who has been determined eligible for the Medicaid program is

352

eligible for coverage for 12 months without a redetermination or

353

reverification of eligibility. In conducting an eligibility

354

determination, the department shall determine if the child has

355

special health care needs. The department, in consultation with

356

the Agency for Health Care Administration and the Florida Healthy

357

Kids Corporation, shall develop procedures for redetermining

358

eligibility which enable a family to easily update any change in

359

circumstances which could affect eligibility. The department may

360

accept changes in a family's status as reported to the department

361

by the Florida Healthy Kids Corporation without requiring a new

362

application from the family. Redetermination of a child's

363

eligibility for Medicaid may not be linked to a child's

364

eligibility determination for other programs.

365

     (c)  Inform program applicants about eligibility

366

determinations and provide information about eligibility of

367

applicants to Medicaid, Medikids, the Children's Medical Services

368

Network, and the Florida Healthy Kids Corporation, and to

369

insurers and their agents, through a centralized coordinating

370

office.

371

     (d) Design a plan, in consultation with the Florida Healthy

372

Kids Corporation, to determine an applicant's eligibility for

373

public assistance or Medicaid which allows:

374

     1. Applicants who have children and are applying for

375

Medicaid or other public assistance to use the same information

376

provided when applying for the Kidcare program, if they are found

377

ineligible for Medicaid.

378

     2. Applicants to submit all information required for

379

enrollment in the Kidcare program, including whether coverage is

380

being sought for a child who has special health care needs.

381

     3. The department to forward an applicant's information and

382

accompanying documentation to the Florida Healthy Kids

383

Corporation, if necessary.

384

     4. The Florida Healthy Kids Corporation to process

385

application information and other documents for enrollment in the

386

Kidcare program without requiring the applicant to submit a

387

separate application.

388

389

The department shall submit the plan to the Governor, the

390

President of the Senate, and the Speaker of the House of

391

Representatives by December 31, 2008.

392

     (e)(d) Adopt rules necessary for conducting program

393

eligibility functions.

394

     (2) The Department of Health shall:

395

     (a) Design an eligibility intake process for the program,

396

in coordination with the Department of Children and Family

397

Services, the agency, and the Florida Healthy Kids Corporation.

398

The eligibility intake process may include local intake points

399

that are determined by the Department of Health in coordination

400

with the Department of Children and Family Services.

401

     (b) Chair a state-level coordinating council to review and

402

make recommendations concerning the implementation and operation

403

of the program. The coordinating council shall include

404

representatives from the department, the Department of Children

405

and Family Services, the agency, the Florida Healthy Kids

406

Corporation, the Office of Insurance Regulation of the Financial

407

Services Commission, local government, health insurers, health

408

maintenance organizations, health care providers, families

409

participating in the program, and organizations representing low-

410

income families.

411

     (c) In consultation with the Florida Healthy Kids

412

Corporation and the Department of Children and Family Services,

413

establish a toll-free telephone line to assist families with

414

questions about the program.

415

     (d) Adopt rules necessary to implement outreach activities.

416

     (2)(3) The Agency for Health Care Administration, under the

417

authority granted in s. 409.914(1), shall:

418

     (a)  Calculate the premium assistance payment necessary to

419

comply with the premium and cost-sharing limitations specified in

420

s. 409.816. The premium assistance payment for each enrollee in a

421

health insurance plan participating in the Florida Healthy Kids

422

Corporation must shall equal the premium approved by the Florida

423

Healthy Kids Corporation and the Office of Insurance Regulation

424

of the Financial Services Commission pursuant to ss. 627.410 and

425

641.31, less any enrollee's share of the premium established

426

within the limitations specified in s. 409.816. The premium

427

assistance payment for each enrollee in an employer-sponsored

428

health insurance plan approved under ss. 409.810-409.820 must

429

shall equal the premium for the plan adjusted for any benchmark

430

benefit plan actuarial equivalent benefit rider approved by the

431

Office of Insurance Regulation pursuant to ss. 627.410 and

432

641.31, less any enrollee's share of the premium established

433

within the limitations specified in s. 409.816. In calculating

434

the premium assistance payment levels for children with family

435

coverage, the agency shall set the premium assistance payment

436

levels for each child proportionately to the total cost of family

437

coverage.

438

     (b)  Make premium assistance payments to health insurance

439

plans on a periodic basis. The agency may use its Medicaid fiscal

440

agent or a contracted third-party administrator to make in making

441

these payments. The agency may require health insurance plans

442

that participate in the Medikids program or employer-sponsored

443

group health insurance to collect premium payments from an

444

enrollee's family. Participating health insurance plans shall

445

report premium payments collected on behalf of enrollees in the

446

program to the agency in accordance with a schedule established

447

by the agency.

448

     (c)  Monitor compliance with quality assurance and access

449

standards developed under s. 409.820.

450

     (d)  Establish a mechanism for investigating and resolving

451

complaints and grievances from program applicants, enrollees, and

452

health benefits coverage providers, and maintain a record of

453

complaints and confirmed problems. In the case of a child who is

454

enrolled in a health maintenance organization, the agency must

455

use the provisions of s. 641.511 to address grievance reporting

456

and resolution requirements.

457

     (e)  Approve health benefits coverage for participation in

458

the program, following certification by the Office of Insurance

459

Regulation under subsection (3) (4).

460

     (f) In consultation with the Department of Children and

461

Family Services and the Florida Healthy Kids Corporation,

462

establish a single toll-free telephone number by July 1, 2009, to

463

assist families who have questions about the Florida Kidcare

464

program. The toll-free number must provide information regarding

465

eligibility, enrollment, benefits, and other information relating

466

to all components of the Florida Kidcare program and ensure that

467

such information is easily accessible.

468

     (g) Seek and implement federal waivers or state plan

469

amendments necessary to implement this section and ss. 409.810-

470

409.820.

471

     (h)(f) Adopt rules necessary for calculating premium

472

assistance payment levels, making premium assistance payments,

473

monitoring access and quality assurance standards, investigating

474

and resolving complaints and grievances, administering the

475

Medikids program, and approving health benefits coverage.

476

477

The agency is designated the lead state agency for Title XXI of

478

the Social Security Act for purposes of receipt of federal funds,

479

for reporting purposes, and for ensuring compliance with federal

480

and state regulations and rules.

481

     (3)(4) The Office of Insurance Regulation shall certify

482

that health benefits coverage plans that seek to provide services

483

under the Florida Kidcare program, except those offered through

484

the Florida Healthy Kids Corporation or the Children's Medical

485

Services Network, meet, exceed, or are actuarially equivalent to

486

the benchmark benefit plan and that health insurance plans will

487

be offered at an approved rate. In determining actuarial

488

equivalence of benefits coverage, the Office of Insurance

489

Regulation and health insurance plans must comply with the

490

requirements of s. 2103 of Title XXI of the Social Security Act.

491

The department shall adopt rules necessary for certifying health

492

benefits coverage plans.

493

     (4)(5) The Florida Healthy Kids Corporation shall retain

494

its functions as authorized in s. 624.91, including eligibility

495

determination for participation in the Healthy Kids program.

496

     (5)(6) The agency, the Department of Health, the Department

497

of Children and Family Services, the Florida Healthy Kids

498

Corporation, and the Office of Insurance Regulation, after

499

consultation with and approval of the President of the Senate and

500

the Speaker of the House of Representatives Speaker of the House

501

of Representatives and the President of the Senate, are

502

authorized to make program modifications that are necessary to

503

overcome any objections of the United States Department of Health

504

and Human Services to obtain approval of the state's child health

505

insurance plan under Title XXI of the Social Security Act.

506

     Section 6.  Paragraph (b) of subsection (5) of section

507

624.91, Florida Statutes, is amended to read:

508

     624.91  The Florida Healthy Kids Corporation Act.--

509

     (5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

510

     (b)  The Florida Healthy Kids Corporation shall:

511

     1.  Arrange for the collection of any family, local

512

contributions, or employer payment or premium, in an amount to be

513

determined by the board of directors, to provide for payment of

514

premiums for comprehensive insurance coverage and for the actual

515

or estimated administrative expenses.

516

     2.  Arrange for the collection of any voluntary

517

contributions to provide for payment of premiums for children who

518

are not eligible for medical assistance under Title XXI of the

519

Social Security Act.

520

     3.  Subject to the provisions of s. 409.8134, accept

521

voluntary supplemental local match contributions that comply with

522

the requirements of Title XXI of the Social Security Act for the

523

purpose of providing additional coverage in contributing counties

524

under Title XXI.

525

     4.  Establish the administrative and accounting procedures

526

for the operation of the corporation.

527

     5.  Establish, with consultation from appropriate

528

professional organizations, standards for preventive health

529

services and providers and comprehensive insurance benefits

530

appropriate to children, if provided that such standards for

531

rural areas do shall not limit primary care providers to board-

532

certified pediatricians.

533

     6.  Determine eligibility for children seeking to

534

participate in the Title XXI-funded components of the Florida

535

Kidcare program consistent with the requirements specified in s.

536

409.814, as well as the non-Title-XXI-eligible children as

537

provided in subsection (3).

538

     7.  Establish procedures under which providers of local

539

match to, applicants to and participants in the program may have

540

grievances reviewed by an impartial body and reported to the

541

board of directors of the corporation.

542

     8.  Establish participation criteria and, if appropriate,

543

contract with an authorized insurer, health maintenance

544

organization, or third-party administrator to provide

545

administrative services to the corporation.

546

     9. Establish enrollment criteria that include which shall

547

include penalties or waiting periods of not fewer than 60 days

548

for reinstatement of coverage upon voluntary cancellation for

549

nonpayment of family premiums.

550

     10.  Contract with authorized insurers or any provider of

551

health care services, meeting standards established by the

552

corporation, for the provision of comprehensive insurance

553

coverage to participants. Such standards shall include criteria

554

under which the corporation may contract with more than one

555

provider of health care services in program sites. Health plans

556

shall be selected through a competitive bid process. The Florida

557

Healthy Kids Corporation shall purchase goods and services in the

558

most cost-effective manner consistent with the delivery of

559

quality medical care. The maximum administrative cost for a

560

Florida Healthy Kids Corporation contract shall be 15 percent.

561

For health care contracts, the minimum medical loss ratio for a

562

Florida Healthy Kids Corporation contract shall be 85 percent.

563

For dental contracts, the remaining compensation to be paid to

564

the authorized insurer or provider under a Florida Healthy Kids

565

Corporation contract shall be no less than an amount which is 85

566

percent of premium; to the extent any contract provision does not

567

provide for this minimum compensation, this section shall

568

prevail. The health plan selection criteria and scoring system,

569

and the scoring results, shall be available upon request for

570

inspection after the bids have been awarded.

571

     11.  Establish disenrollment criteria in the event local

572

matching funds are insufficient to cover enrollments.

573

     12.  Develop and implement a plan to publicize the Florida

574

Healthy Kids Corporation, the eligibility requirements of the

575

program, and the procedures for enrollment in the program and to

576

maintain public awareness of the corporation and the program.

577

Health and dental plans participating in the Florida Healthy Kids

578

program may develop and distribute marketing and promotional

579

materials and participate in activities, such as health fairs and

580

public events, which are approved by the corporation. The health

581

and dental plans may also contact their current and former

582

enrollees to encourage continued participation in the program and

583

to assist the enrollees with transferring from a Title XIX-

584

financed plan to a Title XXI-financed plan.

585

     13.  Secure staff necessary to properly administer the

586

corporation. Staff costs must shall be funded from state and

587

local matching funds and such other private or public funds as

588

become available. The board of directors shall determine the

589

number of staff members necessary to administer the corporation.

590

     14.  Provide a report annually to the Governor, Chief

591

Financial Officer, Commissioner of Education, the President of

592

the Senate President, the Speaker of the House of

593

Representatives, and Minority Leaders of the Senate and the House

594

of Representatives.

595

     15.  Establish benefit packages which conform to the

596

provisions of the Florida Kidcare program, as created in ss.

597

409.810-409.820.

598

16. Establish an assignment process that keeps enrollees in

599

the Florida Healthy Kids program with family members assigned to

600

the same managed care plans, to the greatest extent possible,

601

even if some family members are enrolled in a Medicaid managed

602

care plan and others are enrolled in a plan under the program.

603

The Agency for Health Care Administration shall work with the

604

corporation to implement this subparagraph.

605

a. The assignment process must allow an enrollee in the

606

program to enroll in a sibling's Medicaid provider service

607

network for coverage under the program, if the enrollee's sibling

608

is currently enrolled in a Medicaid provider service network in

609

the same county as the enrollee and the county does not contain a

610

health plan under the program.

611

     b. The assignment process must allow an enrollee in the

612

program to enroll in a sibling's Medicaid health maintenance

613

organization for coverage under the program, if the enrollee's

614

sibling is currently enrolled in a Medicaid health maintenance

615

organization in the same county as the enrollee and the county

616

does not contain a health plan under the program that is operated

617

by or related to the Medicaid health maintenance organization.

618

     Section 7.  This act shall take effect upon becoming a law.

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