Florida Senate - 2008 CS for CS for SB 2652

By the Committees on Governmental Operations; Health Policy; and Senators Garcia and Crist

585-07973-08 20082652c2

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A bill to be entitled

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An act relating to maternal and child health programs;

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amending s. 409.942, F.S.; requiring the Department of

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Health to establish an electronic benefits transfer system

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for the Special Supplemental Nutrition Program for Women,

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Infants, and Children (WIC); requiring the Department of

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Children and Family Services to assist the Department of

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Health in developing the electronic benefits transfer

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program; requiring the Department of Health to reimburse

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the Department of Children and Family Services for costs

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incurred; amending s. 383.011, F.S.; requiring the

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Department of Health to compare the average cost of

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certain food items and collect individual food item

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redemption costs; prohibiting the Department of Health

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from discontinuing a WIC-eligible generic product;

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providing an exception; 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 409.942, Florida Statutes, is amended

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to read:

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     409.942  Electronic benefit transfer program.--

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     (1)  The Department of Children and Family Services shall

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establish an electronic benefit transfer program for the

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dissemination of food stamp benefits and temporary assistance

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payments, including refugee cash assistance payments, asylum

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applicant payments, and child support disregard payments. If

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the Federal Government does not enact legislation or

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regulations providing for dissemination of supplemental

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security income by electronic benefit transfer, the state may

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include supplemental security income in the electronic benefit

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transfer program.

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     (a)(2) The department shall, in accordance with

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applicable federal laws and regulations, develop minimum

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program requirements and other policy initiatives for the

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electronic benefit transfer program.

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     (b)(3) The department shall enter into public-private

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contracts for all provisions of electronic transfer of public

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assistance benefits.

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     (2)(4) Workforce Florida, Inc., through the Agency for

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Workforce Innovation, shall establish an electronic benefit

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transfer program for the use and management of education,

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training, child care, transportation, and other program

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benefits under its direction. The workforce electronic benefit

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transfer program shall fulfill all federal and state

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requirements for Individual Training Accounts, Retention

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Incentive Training Accounts, Individual Development Accounts,

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and Individual Services Accounts. The workforce electronic

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benefit transfer program shall be designed to enable an

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individual who receives an electronic benefit transfer card

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under subsection (1) to use that card for purposes of benefits

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provided under the workforce development system as well. The

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Department of Children and Family Services shall assist

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Workforce Florida, Inc., in developing an electronic benefit

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transfer program for the workforce development system that is

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fully compatible with the department's electronic benefit

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transfer program. The agency shall reimburse the department for

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all costs incurred in providing such assistance and shall pay

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all costs for the development of the workforce electronic

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benefit transfer program.

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     (3) By July 1, 2010, the Department of Health shall

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establish a statewide electronic benefit transfer program for the

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dissemination of benefits under the "Special Supplemental

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Nutrition Program for Women, Infants, and Children," or WIC,

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authorized by the Child Nutrition Act of 1966, as amended.

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     (a) The WIC electronic benefit transfer program shall be

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designed to enable an individual who receives an electronic

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benefit transfer card under subsections (1) or (2) to use that

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card for purposes of benefits provided under the WIC program.

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     (b) The Department of Children and Family Services shall

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assist the Department of Health in developing an electronic

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benefit transfer program for the WIC program system which is

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fully compatible with the electronic benefit transfer programs

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operated by the Department of Children and Family Services and

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Workforce Florida, Inc. The Department of Health shall reimburse

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the Department of Children and Family Services for all costs

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incurred in providing such assistance and shall pay all costs of

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the development of the WIC electronic benefit transfer program.

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     Section 2.  Subsection (3) is added to section 383.011,

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Florida Statutes, to read:

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     383.011  Administration of maternal and child health

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programs.--

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     (3) In administering the WIC program, the Department of

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Health:

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     (a) For purposes of meeting the federal cost neutrality

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requirement of 7 C.F.R. part 246, shall compare the average cost

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of each food item redeemed by above-50-percent vendors against

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the average cost of the same food item redeemed by regular

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vendors. The department shall collect individual food item

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redemption costs by requiring authorized vendors to record the

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price of each redeemed item on the WIC voucher.

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     (b) Shall not discontinue a WIC-eligible generic product

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unless the product no longer meets the nutritional guidelines of

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the WIC program.

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     Section 3.  This act shall take effect July 1, 2008.

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