Amendment
Bill No. CS/CS/CS/SB 2654

Amendment No. 370293

CHAMBER ACTION
Senate		House
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1	Representative Gardiner offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Window of
6	Opportunity Act."
7	Section 2.  Subsection (18) is renumbered as subsection
8	(19) of section 391.026, Florida Statutes, and a new subsection
9	(18) is added to that section to read:
10	391.026  Powers and duties of the department.--The
11	department shall have the following powers, duties, and
12	responsibilities:
13	(18)  To provide services under contract to the Florida
14	Healthy Kids Corporation for Florida Healthy Kids benefit plans.
15	Children served under this contract are not enrollees of the
16	Children's Medical Services program component of the Florida
17	Kidcare program funded under Title XIX or Title XXI of the
18	Social Security Act.
19	Section 3.  Subsections (13) through (40) of section
20	393.063, Florida Statutes, are renumbered as subsections (14)
21	through (41), respectively, subsection (9)is amended, and a new
22	subsection (13) is added to that section, to read:
23	393.063  Definitions.--For the purposes of this chapter,
24	the term:
25	(9)  "Developmental disability" means a disorder or
26	syndrome that is attributable to retardation, cerebral palsy,
27	autism, spina bifida, Down syndrome, or Prader-Willi syndrome;
28	that manifests before the age of 18; and that constitutes a
29	substantial handicap that can reasonably be expected to continue
30	indefinitely.
31	(13)  "Down syndrome" means a genetic disorder caused by
32	the presence of extra chromosomal material on chromosome 21.
33	Causes of the syndrome may include Trisomy 21, Mosaicism,
34	Robertsonian Translocation, and other duplications of a portion
35	of chromosome 21.
36	Section 4.  Subsections (6), (7), (8), (9), (10), (11),
37	(12), (13), (14), (15), (16), (17), (18), (19), (20), (21),
38	(22), (23), (24), (25), and (26) of section 409.811, Florida
39	Statutes, are renumbered as subsections (7), (8), (9), (10),
40	(11), (12), (13), (14), (15), (16), (17), (18), (19), (20),
41	(21), (22), (23), (24), (25), (26), and (27), respectively, and
42	a subsection (6) is added to that section, to read:
43	409.811  Definitions relating to Florida Kidcare Act.--As
44	used in ss. 409.810-409.820, the term:
45	(6)  "Autism spectrum disorder" means any of the following
46	disorders as defined with most recent edition of the Diagnostic
47	and Statistical Manual of Mental Disorders of the American
48	Psychiatric Association:
49	1.  Autistic disorder;
50	2.  Asperger syndrome; or
51	3.  Pervasive developmental disorder not otherwise
52	specified.
53	Section 5.  Subsection (7) of section 409.8132, Florida
54	Statutes, is amended to read:
55	409.8132  Medikids program component.--
56	(7)  ENROLLMENT.--Enrollment in the Medikids program
57	component may occur at any time throughout the year. A child may
58	not receive services under the Medikids program until the child
59	is enrolled in a managed care plan or MediPass. Once determined
60	eligible, an applicant may receive choice counseling and select
61	a managed care plan or MediPass. The agency may initiate
62	mandatory assignment for a Medikids applicant who has not chosen
63	a managed care plan or MediPass provider after the applicant's
64	voluntary choice period ends; however, the agency shall ensure
65	that family members are assigned to the same managed care plan
66	or the same MediPass provider to the greatest extent possible,
67	including situations in which some family members are enrolled
68	in Medicaid and other family members are enrolled in a Title
69	XXI-funded component of the Florida Kidcare program. An
70	applicant may select MediPass under the Medikids program
71	component only in counties that have fewer than two managed care
72	plans available to serve Medicaid recipients and only if the
73	federal Health Care Financing Administration determines that
74	MediPass constitutes "health insurance coverage" as defined in
75	Title XXI of the Social Security Act.
76	Section 6.  Subsection (2) of section 409.8134, Florida
77	Statutes, is amended, and subsection (5) is added to that
78	section, to read:
79	409.8134  Program expenditure ceiling.--
80	(2)  Open enrollment periods shall consist of:
81	(a)  Enrollment for premium assistance.--The Florida
82	Kidcare program may conduct enrollment at any time throughout
83	the year for the purpose of enrolling children eligible for all
84	program components listed in s. 409.813 except Medicaid. The
85	four Florida Kidcare administrators shall work together to
86	ensure that the year-round enrollment period is announced
87	statewide. Eligible children for premium assistance shall be
88	enrolled on a first-come, first-served basis using the date the
89	enrollment application is received. Enrollment shall immediately
90	cease when the expenditure ceiling is reached. Year-round
91	enrollment for premium assistance shall only be held if the
92	Social Services Estimating Conference determines that sufficient
93	federal and state funds will be available to finance the
94	increased enrollment through federal fiscal year 2007. Any
95	individual who is not enrolled must reapply by submitting a new
96	application. The application for the Florida Kidcare program
97	shall be valid for a period of 120 days after the date it was
98	received. At the end of the 120-day period, if the applicant has
99	not been enrolled in the program, the application shall be
100	invalid and the applicant shall be notified of the action. The
101	applicant may reactivate resubmit the application after
102	notification of the action taken by the program. Except for the
103	Medicaid program, whenever the Social Services Estimating
104	Conference determines that there are presently, or will be by
105	the end of the current fiscal year, insufficient funds to
106	finance the current or projected enrollment in the Florida
107	Kidcare program, all additional enrollment must cease and
108	additional enrollment may not resume until sufficient funds are
109	available to finance such enrollment.
110	(b)  Open enrollment without premium assistance, effective
111	July 1, 2009.--
112	1.  Effective July 1, 2009, an open enrollment period for
113	the Florida Healthy Kids program for those enrollees not
114	eligible for premium assistance may be held once each fiscal
115	year and may not exceed 30 consecutive calendar days in length.
116	The timing and length of any open enrollment period shall be
117	determined by the Florida Healthy Kids Corporation. Applicants
118	shall be enrolled on a first come, first served basis, based
119	upon the date the application was received. During the 2009-2010
120	fiscal year, the effective date for new enrollees without
121	premium assistance shall be October 1, 2009. However, for a
122	child who has had his or her coverage in an employer-sponsored
123	or private health benefit plan voluntarily canceled in the last
124	90 days and who is otherwise eligible to participate without
125	premium assistance the effective date of coverage shall be the
126	end of the 90-day period or October 1, 2009, whichever is later.
127	2.  The following individuals are not subject to the open
128	enrollment period:
129	a.  Enrollees in any Florida Kidcare program component that
130	are determined to be no longer eligible under that component due
131	to changes in income or age. These enrollees may transfer to the
132	Healthy Kids program if such transfer is initiated within 30
133	days after the loss of such eligibility.
134	b.  Applicants that have adopted a child in the state.
135	c.  Applicants who have had employer-sponsored or private
136	health insurance involuntarily canceled within 30 days prior to
137	submission of the application.
138	3.  Any individual who is not enrolled under this
139	subsection must reapply by submitting a new application during
140	the next open enrollment period. The application for the Florida
141	Kidcare program without premium assistance shall be valid for
142	the period of the open enrollment.
143	(5)  Effective October 1, 2009, upon determination by the
144	Social Service Estimating Conference, in consultation with the
145	agency and the Florida Healthy Kids Corporation, that enrollment
146	of children whose family income exceeds 200 percent of the
147	federal poverty level is projected to raise overall premiums per
148	enrollee by greater than 5_percent of current average premiums
149	in the Florida Healthy Kids plans, the board of directors of the
150	Florida Healthy Kids Corporation may, with the concurrence of
151	the agency, take appropriate actions to reduce the projected
152	cost below the projected_5 percent increase. Actions the board
153	may take may include, but are not limited to:
154	(a)  Reducing habilitative and behavior analysis benefits
155	to enrollees who are receiving these services.
156	(b)  Eliminating habilitative and or behavior analysis
157	services as a benefit in Healthy Kids plans for enrollees and
158	providing enrollees the opportunity to purchase these benefits
159	separately.
160	(c)  Increasing copayments for habilitative and behavior
161	analysis services provided to nonpremium assistance enrollees.
162	(d)  Reducing benefit packages to all nonpremium assistance
163	enrollees.
164	Section 7.  Paragraphs (c) and (f) of subsection (4) and
165	subsections (5), (7), and (8) of section 409.814, Florida
166	Statutes, are amended to read:
167	409.814  Eligibility.--A child who has not reached 19 years
168	of age whose family income is equal to or below 200 percent of
169	the federal poverty level is eligible for the Florida Kidcare
170	program as provided in this section. For enrollment in the
171	Children's Medical Services Network, a complete application
172	includes the medical or behavioral health screening. If,
173	subsequently, an individual is determined to be ineligible for
174	coverage, he or she must immediately be disenrolled from the
175	respective Florida Kidcare program component.
176	(4)  The following children are not eligible to receive
177	premium assistance for health benefits coverage under the
178	Florida Kidcare program, except under Medicaid if the child
179	would have been eligible for Medicaid under s. 409.903 or s.
180	409.904 as of June 1, 1997:
181	(c)  A child who is seeking premium assistance for the
182	Florida Kidcare program through employer-sponsored group
183	coverage, if the child has been covered by the same employer's
184	group coverage during the 90 days 6 months prior to the family's
185	submitting an application for determination of eligibility under
186	the program.
187	(f)  A child who has had his or her coverage in an
188	employer-sponsored or private health benefit plan voluntarily
189	canceled in the last 90 days 6 months, except those children who
190	were on the waiting list prior to March 12, 2004, or whose
191	coverage was voluntarily canceled for good cause, including, but
192	not limited to, the following circumstances:
193	1.  The cost of participation in an employer-sponsored or
194	private health benefit plan is greater than 5 percent of the
195	family's income;
196	2.  The parent lost a job that provided an employer-
197	sponsored health benefit plan for children;
198	3.  The parent with health benefits coverage for the child
199	is deceased;
200	4.  The employer of the parent canceled health benefits
201	coverage for children;
202	5.  The child's health benefits coverage ended because the
203	child reached the maximum lifetime coverage amount;
204	6.  The child has exhausted coverage under a COBRA
205	continuation provision; or
206	7.  A situation involving domestic violence led to the loss
207	of coverage.
208	(5)  A child whose family income is above 200 percent of
209	the federal poverty level or a child who is excluded under the
210	provisions of subsection (4) may participate in the Medikids
211	program as provided in s. 409.8132 or, if the child is
212	ineligible for Medikids by reason of age, in the Florida Healthy
213	Kids program as provided in s. 624.91, subject to the following
214	provisions:
215	(a)  The family is not eligible for premium assistance
216	payments and must pay the full cost of the premium, including
217	any administrative costs.
218	(b)  Effective October 1, 2009, new applicants for
219	nonpremium assistance in the Medikids program shall enroll in
220	the Florida Healthy Kids program component of the Florida
221	Kidcare program. The agency is authorized to place limits on
222	enrollment in Medikids by these children in order to avoid
223	adverse selection. The number of children participating in
224	Medikids whose family income exceeds 200 percent of the federal
225	poverty level must not exceed 10 percent of total enrollees in
226	the Medikids program.
227	(c)  The board of directors of the Florida Healthy Kids
228	Corporation is authorized to place limits on enrollment of these
229	children in order to avoid adverse selection. In addition, the
230	board is authorized to offer a reduced benefit package to these
231	children in order to limit program costs for such families. The
232	number of children participating in the Florida Healthy Kids
233	program whose family income exceeds 200 percent of the federal
234	poverty level must not exceed 10 percent of total enrollees in
235	the Florida Healthy Kids program.
236	(7)  When determining or reviewing a child's eligibility
237	under the Florida Kidcare program, the applicant shall be
238	provided with reasonable notice of changes in eligibility which
239	may affect enrollment in one or more of the program components.
240	When a transition from one program component to another is
241	authorized, there shall be cooperation between the program
242	components, and the affected family, the child's health
243	insurance plan, and the child's health care providers to promote
244	which promotes continuity of health care coverage. If a child is
245	determined ineligible for Medicaid or Medikids, the agency, in
246	coordination with the department, shall notify that child's
247	Medicaid managed care plan or MediPass provider of such
248	determination before the child's eligibility is scheduled to be
249	terminated so that the Medicaid managed care plan or MediPass
250	provider can assist the child's family in applying for Florida
251	Kidcare program coverage. Any authorized transfers must be
252	managed within the program's overall appropriated or authorized
253	levels of funding. Each component of the program shall establish
254	a reserve to ensure that transfers between components will be
255	accomplished within current year appropriations. These reserves
256	shall be reviewed by each convening of the Social Services
257	Estimating Conference to determine the adequacy of such reserves
258	to meet actual experience.
259	(8)  In determining the eligibility of a child for the
260	Florida Kidcare program, an assets test is not required. The
261	information required under this section from each applicant
262	shall be obtained electronically to the extent possible. If such
263	information cannot be obtained electronically, the Each
264	applicant shall provide written documentation during the
265	application process and the redetermination process, including,
266	but not limited to, the following:
267	(a)  Proof of family income, which must include a copy of
268	the applicant's most recent federal income tax return. In the
269	absence of a federal income tax return, an applicant may submit
270	wages and earnings statements (pay stubs), W-2 forms, or other
271	appropriate documents.
272	(b)  A statement from all family members that:
273	1.  Their employer does not sponsor a health benefit plan
274	for employees; or
275	2.  The potential enrollee is not covered by the employer-
276	sponsored health benefit plan because the potential enrollee is
277	not eligible for coverage, or, if the potential enrollee is
278	eligible but not covered, a statement of the cost to enroll the
279	potential enrollee in the employer-sponsored health benefit
280	plan.
281
282	An individual who applies for coverage under the Florida Kidcare
283	program and who pays the full cost of the premium is exempt from
284	the requirements of this subsection.
285	Section 8.  Paragraphs (r) through (v) of subsection (2) of
286	section 409.815, Florida Statutes, are redesignated as
287	paragraphs (s) through (w), respectively, present paragraphs
288	(o), (r), and (u) are amended, and a new paragraph (r) is added
289	to that subsection, to read:
290	409.815  Health benefits coverage; limitations.--
291	(2)  BENCHMARK BENEFITS.--In order for health benefits
292	coverage to qualify for premium assistance payments for an
293	eligible child under ss. 409.810-409.820, the health benefits
294	coverage, except for coverage under Medicaid and Medikids, must
295	include the following minimum benefits, as medically necessary.
296	(o)  Therapy services.--Covered services include
297	habilitative and rehabilitative services, including
298	occupational, physical, respiratory, and speech therapies, with
299	the following limitations:
300	1.  Rehabilitative services are limited to:
301	a.1.  Services must be for Short-term rehabilitation when
302	where significant improvement in the enrollee's condition will
303	result; and
304	b.2.  Services shall be limited to Not more than 24
305	treatment sessions within a 60-day period per episode or injury,
306	with the 60-day period beginning with the first treatment.
307	2.  Effective October 1, 2009, habilitative services shall
308	be offered and are limited to:
309	a.  Habilitation when improvements in and maintenance of
310	human behavior, skill acquisition, and communication will
311	result; and
312	b.  Enrollees that are diagnosed with a developmental
313	disability as defined in s. 393.063 or autism spectrum disorder.
314	(r)  Behavior analysis services.--Effective October 1,
315	2009, behavior analysis and behavior assistant services shall be
316	covered for enrollees that are diagnosed with a developmental
317	disability as defined in s. 393.063 or autism spectrum disorder.
318	For purposes of this paragraph:
319	1.  "Behavior analysis" means the design, implementation,
320	and evaluation of instructional and environmental modifications
321	to produce socially significant improvements in human behavior
322	through skill acquisition and the reduction of problematic
323	behavior. Applied behavior analysis shall be provided by an
324	individual certified pursuant to s. 393.17 or an individual
325	licensed under chapter 490 or chapter 491.
326	2.  "Behavior assistant services" means services provided
327	by an individual with specific training to assist in carrying
328	out plans designed by a behavior analyst.
329	(s)(r)  Lifetime maximum and limitations.--Health benefits
330	coverage obtained under ss. 409.810-409.820 shall pay an
331	enrollee's covered expenses at a lifetime maximum of $1 million
332	per covered child. However, coverage for the combination of
333	behavior analysis services and habilitative therapy services for
334	recipients diagnosed with a developmental disability as defined
335	in s. 393.063 or autism spectrum disorder shall be limited to
336	$36,000 annually and may not exceed $108,000 in total lifetime
337	benefits. Without prior authorization by the Florida Healthy
338	Kids plan, not more than 12 percent of the annual maximum amount
339	for combined habilitative therapy and behavior analysis services
340	may be used on a monthly basis.
341	(v)(u)  Enhancements to minimum requirements.--
342	1.  This section sets the minimum benefits that must be
343	included in any health benefits coverage, other than Medicaid or
344	Medikids coverage, offered under ss. 409.810-409.820. Health
345	benefits coverage may include additional benefits not included
346	under this subsection, but may not include benefits excluded
347	under paragraph (t) (s).
348	2.  Health benefits coverage may extend any limitations
349	beyond the minimum benefits described in this section.
350
351	Except for the Children's Medical Services Network, the agency
352	may not increase the premium assistance payment for either
353	additional benefits provided beyond the minimum benefits
354	described in this section or the imposition of less restrictive
355	service limitations.
356	Section 9.  Paragraph (b) of subsection (1) of section
357	409.818, Florida Statutes, is amended to read:
358	409.818  Administration.--In order to implement ss.
359	409.810-409.820, the following agencies shall have the following
360	duties:
361	(1)  The Department of Children and Family Services shall:
362	(b)  Establish and maintain the eligibility determination
363	process under the program except as specified in subsection (5).
364	The department shall directly, or through the services of a
365	contracted third-party administrator, establish and maintain a
366	process for determining eligibility of children for coverage
367	under the program. The eligibility determination process must be
368	used solely for determining eligibility of applicants for health
369	benefits coverage under the program. The eligibility
370	determination process must include an initial determination of
371	eligibility for any coverage offered under the program, as well
372	as a redetermination or reverification of eligibility each
373	subsequent 12 6 months. Effective January 1, 1999, a child who
374	has not attained the age of 5 and who has been determined
375	eligible for the Medicaid program is eligible for coverage for
376	12 months without a redetermination or reverification of
377	eligibility. In conducting an eligibility determination, the
378	department shall determine if the child has special health care
379	needs. The department, in consultation with the Agency for
380	Health Care Administration and the Florida Healthy Kids
381	Corporation, shall develop procedures for redetermining
382	eligibility which enable a family to easily update any change in
383	circumstances which could affect eligibility. The department may
384	accept changes in a family's status as reported to the
385	department by the Florida Healthy Kids Corporation without
386	requiring a new application from the family. Redetermination of
387	a child's eligibility for Medicaid may not be linked to a
388	child's eligibility determination for other programs.
389	Section 10.  Subsection (26) is added to section 409.906,
390	Florida Statutes, to read:
391	409.906  Optional Medicaid services.--Subject to specific
392	appropriations, the agency may make payments for services which
393	are optional to the state under Title XIX of the Social Security
394	Act and are furnished by Medicaid providers to recipients who
395	are determined to be eligible on the dates on which the services
396	were provided. Any optional service that is provided shall be
397	provided only when medically necessary and in accordance with
398	state and federal law. Optional services rendered by providers
399	in mobile units to Medicaid recipients may be restricted or
400	prohibited by the agency. Nothing in this section shall be
401	construed to prevent or limit the agency from adjusting fees,
402	reimbursement rates, lengths of stay, number of visits, or
403	number of services, or making any other adjustments necessary to
404	comply with the availability of moneys and any limitations or
405	directions provided for in the General Appropriations Act or
406	chapter 216. If necessary to safeguard the state's systems of
407	providing services to elderly and disabled persons and subject
408	to the notice and review provisions of s. 216.177, the Governor
409	may direct the Agency for Health Care Administration to amend
410	the Medicaid state plan to delete the optional Medicaid service
411	known as "Intermediate Care Facilities for the Developmentally
412	Disabled." Optional services may include:
413	(26)  HOME AND COMMUNITY-BASED SERVICES FOR AUTISM SPECTRUM
414	DISORDER AND OTHER DEVELOPMENTAL DISABILITIES.--The agency is
415	authorized to seek federal approval through a Medicaid waiver or
416	a state plan amendment for the provision of occupational
417	therapy, speech therapy, physical therapy, behavior analysis,
418	and behavior assistant services to individuals who are 5 years
419	of age and under and have a diagnosed developmental disability
420	as defined in s. 393.063 or autism spectrum disorder as defined
421	in s. 409.811. Coverage for such services shall be limited to
422	$36,000 annually and may not exceed $108,000 in total lifetime
423	benefits. The agency shall submit an annual report beginning on
424	January 1, 2009, to the President of the Senate, the Speaker of
425	the House of Representatives, and the relevant committees of the
426	Senate and the House of Representatives regarding progress on
427	obtaining federal approval and recommendations for the
428	implementation of these home and community-based services. The
429	agency may not implement this subsection without prior
430	legislative approval.
431	Section 11.  Paragraph (e) of subsection (5) of section
432	411.01, Florida Statutes, is amended to read:
433	411.01  School readiness programs; early learning
434	coalitions.--
435	(5)  CREATION OF EARLY LEARNING COALITIONS.--
436	(e)  Requests for proposals; payment schedule.--
437	1.  Each early learning coalition must comply with s.
438	287.057 for the procurement of commodities or contractual
439	services from the funds described in paragraph (9)(d). The
440	period of a contract for purchase of these commodities or
441	contractual services, together with any renewal of the original
442	contract, may not exceed 3 years.
443	2.  Each early learning coalition shall adopt a payment
444	schedule that encompasses all programs funded by the coalition
445	under this section. The payment schedule must take into
446	consideration the relevant market rate, must include the
447	projected number of children to be served, may include quality
448	related payments authorized by the Federal Government, and must
449	be submitted for approval by the Agency for Workforce
450	Innovation. Informal child care arrangements shall be reimbursed
451	at not more than 50 percent of the rate developed for a family
452	day care home.
453	Section 12.  Section 456.0291, Florida Statutes, is created
454	to read:
455	456.0291  Requirement for instruction on developmental
456	disabilities.--
457	(1)(a)  The appropriate board shall require each person
458	licensed or certified under part I of chapter 464, chapter 490,
459	or chapter 491 to complete a 2-hour continuing education course,
460	approved by the board, on developmental disabilities, as defined
461	in s. 393.063, with the addition of autism spectrum disorder, as
462	defined in s. 409.811, as part of every third biennial
463	relicensure or recertification. The course shall consist of
464	information on the diagnosis and treatment of developmental
465	disabilities and information on counseling and education of a
466	parent whose child is diagnosed with a developmental disability,
467	with an emphasis on autism spectrum disorder, as defined in s.
468	409.811.
469	(b)  The Board of Medicine and the Board of Osteopathic
470	Medicine shall require each physician with a primary care
471	specialty of pediatrics to complete a 2-hour continuing
472	education course, approved by the appropriate board, on
473	developmental disabilities, as defined in s. 393.063, with the
474	addition of autism spectrum disorder, as defined in s. 409.811,
475	as part of every third biennial relicensure. The course shall
476	consist of information on the diagnosis and treatment of
477	developmental disabilities and information on counseling and
478	education of a parent whose child is diagnosed with a
479	developmental disability, with an emphasis on autism spectrum
480	disorder, as defined in s. 409.811.
481	(c)  Each such licensee or certificateholder shall submit
482	confirmation of having completed the course, on a form provided
483	by the board, when submitting fees for every third biennial
484	renewal.
485	(d)  The board may approve additional equivalent courses
486	that may be used to satisfy the requirements of paragraph (a).
487	Each licensing board that requires a licensee to complete an
488	educational course pursuant to this subsection may include the
489	hours required for completion of the course in the total hours
490	of continuing education required by law for such profession
491	unless the continuing education requirements for such profession
492	consist of fewer than 30 hours biennially.
493	(e)  Any person holding two or more licenses subject to the
494	provisions of this subsection shall be permitted to show proof
495	of having taken one board-approved course on developmental
496	disabilities for purposes of relicensure or recertification for
497	additional licenses.
498	(f)  Failure to comply with the requirements of this
499	subsection shall constitute grounds for disciplinary action
500	under each respective practice act and under s. 456.072(1)(k).
501	In addition to discipline by the board, the licensee shall be
502	required to complete such course.
503	(2)  Each board may adopt rules pursuant to ss. 120.536(1)
504	and 120.54 to carry out the provisions of this section.
505	(3)  The department shall implement a plan to promote
506	awareness of developmental disabilities, with a focus on autism
507	spectrum disorder, as defined in s. 409.811, to physicians
508	licensed under chapter 458 or chapter 459 and parents. The
509	department shall develop the plan in consultation with
510	organizations representing allopathic and osteopathic
511	physicians, the Board of Medicine, the Board of Osteopathic
512	Medicine, and nationally recognized organizations that promote
513	awareness of developmental disabilities. The department's plan
514	shall include the distribution of educational materials for
515	parents, including a developmental assessment tool.
516	Section 13.  Paragraph (b) of subsection (2) and paragraph
517	(b) of subsection (5) of section 624.91, Florida Statutes, are
518	amended to read:
519	624.91  The Florida Healthy Kids Corporation Act.--
520	(2)  LEGISLATIVE INTENT.--
521	(b)  It is the intent of the Legislature that the Florida
522	Healthy Kids Corporation serve as one of several providers of
523	services to children eligible for medical assistance under Title
524	XXI of the Social Security Act. Although the corporation may
525	serve other children, the Legislature intends the primary
526	recipients of services provided through the corporation be
527	school-age children with a family income below 200 percent of
528	the federal poverty level, who do not qualify for Medicaid. It
529	is also the intent of the Legislature that state and local
530	government Florida Healthy Kids funds be used to continue
531	coverage, subject to specific appropriations in the General
532	Appropriations Act, to children not eligible for federal
533	matching funds under Title XXI.
534	(5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
535	(b)  The Florida Healthy Kids Corporation shall:
536	1.  Arrange for the collection of any family, local
537	contributions, or employer payment or premium, in an amount to
538	be determined by the board of directors, to provide for payment
539	of premiums for comprehensive insurance coverage and for the
540	actual or estimated administrative expenses.
541	2.  Arrange for the collection of any voluntary
542	contributions to provide for payment of premiums for children
543	who are not eligible for medical assistance under Title XXI of
544	the Social Security Act.
545	3.  Subject to the provisions of s. 409.8134, accept
546	voluntary supplemental local match contributions that comply
547	with the requirements of Title XXI of the Social Security Act
548	for the purpose of providing additional coverage in contributing
549	counties under Title XXI.
550	4.  Establish the administrative and accounting procedures
551	for the operation of the corporation.
552	5.  Establish, with consultation from appropriate
553	professional organizations, standards for preventive health
554	services and providers and comprehensive insurance benefits
555	appropriate to children, provided that such standards for rural
556	areas shall not limit primary care providers to board-certified
557	pediatricians.
558	6.  Determine eligibility for children seeking to
559	participate in the Title XXI-funded components of the Florida
560	Kidcare program consistent with the requirements specified in s.
561	409.814, as well as the non-Title-XXI-eligible children as
562	provided in subsection (3).
563	7.  Establish procedures under which providers of local
564	match to, applicants to and participants in the program may have
565	grievances reviewed by an impartial body and reported to the
566	board of directors of the corporation.
567	8.  Establish participation criteria and, if appropriate,
568	contract with an authorized insurer, health maintenance
569	organization, or third-party administrator to provide
570	administrative services to the corporation.
571	9.  Establish enrollment criteria which shall include
572	penalties or waiting periods of not fewer than 60 days for
573	reinstatement of coverage upon voluntary cancellation for
574	nonpayment of family premiums.
575	10.  Contract with authorized insurers or any provider of
576	health care services, meeting standards established by the
577	corporation, for the provision of comprehensive insurance
578	coverage to participants. Such standards shall include criteria
579	under which the corporation may contract with more than one
580	provider of health care services in program sites. Health plans
581	shall be selected through a competitive bid process. The Florida
582	Healthy Kids Corporation shall purchase goods and services in
583	the most cost-effective manner consistent with the delivery of
584	quality medical care. The maximum administrative cost for a
585	Florida Healthy Kids Corporation contract shall be 15 percent.
586	For health care contracts, the minimum medical loss ratio for a
587	Florida Healthy Kids Corporation contract shall be 85 percent.
588	For dental contracts, the remaining compensation to be paid to
589	the authorized insurer or provider under a Florida Healthy Kids
590	Corporation contract shall be no less than an amount which is 85
591	percent of premium; to the extent any contract provision does
592	not provide for this minimum compensation, this section shall
593	prevail. The health plan selection criteria and scoring system,
594	and the scoring results, shall be available upon request for
595	inspection after the bids have been awarded.
596	11.  Establish disenrollment criteria in the event local
597	matching funds are insufficient to cover enrollments.
598	12.  Develop and implement a plan to publicize the Florida
599	Kidcare program Healthy Kids Corporation, the eligibility
600	requirements of the program, and the procedures for enrollment
601	in the program and to maintain public awareness of the
602	corporation and the program. Health care and dental health plans
603	participating in the program may develop and distribute
604	marketing and other promotional materials and participate in
605	activities, such as health fairs and public events, as approved
606	by the corporation. Health care and dental health plans may also
607	contact their current and former enrollees to encourage
608	continued participation in the program and assist the enrollee
609	in transferring from a Title XIX-funded plan to a Title XXI-
610	funded plan.
611	13.  Establish an assignment process for Florida Healthy
612	Kids program enrollees to ensure that family members are
613	assigned to the same managed care plan to the greatest extent
614	possible, including situations in which some family members are
615	enrolled in a Medicaid managed care plan and other family
616	members are enrolled in a Florida Healthy Kids plan. The Agency
617	for Health Care Administration shall consult with the
618	corporation to implement this subparagraph.
619	14.13.  Secure staff necessary to properly administer the
620	corporation. Staff costs shall be funded from state and local
621	matching funds and such other private or public funds as become
622	available. The board of directors shall determine the number of
623	staff members necessary to administer the corporation.
624	15.14.  Provide a report annually to the Governor, Chief
625	Financial Officer, Commissioner of Education, Senate President,
626	Speaker of the House of Representatives, and Minority Leaders of
627	the Senate and the House of Representatives.
628	16.  Provide a report by October 31, 2008, to the Governor,
629	the Senate, and the House of Representatives, which includes an
630	actuarial analysis of the projected impact on premiums from the
631	addition of habilitative and behavior analysis services in
632	accordance with s. 409.815.
633	17.  Provide information on a quarterly basis to the
634	Governor, the Senate, and the House of Representatives that
635	assesses the cost and utilization of services for the Florida
636	Healthy Kids health benefits plans provided through the Florida
637	Healthy Kids Corporation. The information must be specific to
638	each eligibility component of the plan and, at a minimum,
639	include:
640	a.  The monthly enrollment and expenditures for enrollees.
641	b.  The cost and utilization of specific services.
642	c.  An analysis of the impact on premiums prior to and
643	following implementation of the Window of Opportunity Act.
644	d.  An analysis of trends regarding transfer of enrollees
645	from the Florida Healthy Kids plans to the Children's Medical
646	Services Network plan.
647	e.  Any recommendations resulting from the analysis
648	conducted under this subparagraph.
649	18.15.  Establish benefit packages which conform to the
650	provisions of the Florida Kidcare program, as created in ss.
651	409.810-409.820.
652	Section 14.  Section 624.916, Florida Statutes, is created
653	to read:
654	624.916  Developmental disabilities compact.--
655	(1)  The Office of Insurance Regulation shall convene a
656	workgroup by August 31, 2008, for the purpose of negotiating a
657	compact that includes a binding agreement among the participants
658	relating to insurance and access to services for persons with
659	developmental disabilities as defined in s. 393.063, with the
660	addition of autism spectrum disorder, as defined in s. 409.811.
661	The workgroup shall consist of the following:
662	(a)  Representatives of all health insurers licensed under
663	this chapter.
664	(b)  Representatives of all health maintenance
665	organizations licensed under part I of chapter 641.
666	(c)  Representatives of employers with self-insured health
667	benefit plans.
668	(d)  Two designees of the Governor, one of whom must be a
669	consumer advocate.
670	(e)  A designee of the President of the Senate.
671	(f)  A designee of the Speaker of the House of
672	Representatives.
673	(2)  The Office of Insurance Regulation shall convene a
674	consumer advisory workgroup for the purpose of providing a forum
675	for comment on the compact negotiated in subsection (1). The
676	office shall convene the workgroup prior to finalization of the
677	compact.
678	(3)  The agreement shall include the following components:
679	(a)  A requirement that each signatory to the agreement
680	increase coverage for behavior analysis and behavior assistant
681	services as defined in s. 409.815(2)(r) and speech therapy,
682	physical therapy, and occupational therapy when medically
683	necessary due to the presence of a developmental disability as
684	defined in s. 393.063 or autism spectrum disorder, as defined in
685	s. 409.811.
686	(b)  Procedures for clear and specific notice to
687	policyholders identifying the amount, scope, and conditions
688	under which coverage is provided for behavior analysis and
689	behavior assistant services as defined in s. 409.815(2)(r) and
690	speech therapy, physical therapy, and occupational therapy when
691	medically necessary due to the presence of a developmental
692	disability as defined in s. 393.063 or autism spectrum disorder,
693	as defined in s. 409.811.
694	(c)  Penalties for documented cases of denial of claims for
695	medically necessary services due to the presence of a
696	developmental disability as defined in s. 393.063 or autism
697	spectrum disorder, as defined in s. 409.811.
698	(d)  Proposals for new product lines that may be offered in
699	conjunction with traditional health insurance and provide a more
700	appropriate means of spreading risk, financing costs, and
701	accessing favorable prices.
702	(4)  Upon completion of the negotiations for the compact,
703	the office shall report the results to the Governor, the
704	President of the Senate, and the Speaker of the House of
705	Representatives.
706	(5)  Beginning February 15, 2009, and continuing annually
707	thereafter, the Office of Insurance Regulation shall provide a
708	report to the Governor, the President of the Senate, and the
709	Speaker of the House of Representatives regarding the
710	implementation of the agreement negotiated under this section.
711	The report shall include:
712	(a)  The signatories to the agreement.
713	(b)  An analysis of the coverage provided under the
714	agreement in comparison to the coverage required under ss.
715	627.6686 and 641.31098.
716	(c)  An analysis of the compliance with the agreement by
717	the signatories, including documented cases of claims denied in
718	violation of the agreement.
719	(6)  The Office of Insurance Regulation shall continue to
720	monitor participation, compliance, and effectiveness of the
721	agreement and report its findings at least annually.
722	Section 15.  Section 627.6686, Florida Statutes, is created
723	to read:
724	627.6686  Coverage for individuals with developmental
725	disabilities required; exception.--
726	(1)  As used in this section, the term:
727	(a)  "Developmental disability" has the same meaning as
728	provided in s. 393.063, with the addition of autism spectrum
729	disorder, as defined in s. 409.811.
730	(b)  "Eligible individual" means an individual under 18
731	years of age or an individual 18 years of age or older who is in
732	high school who has been diagnosed as having a developmental
733	disability at 8 years of age or younger.
734	(c)  "Health insurance plan" means a group health insurance
735	policy or group health benefit plan offered by an insurer which
736	includes the state group insurance program provided under s.
737	110.123. The term does not include any health insurance plan
738	offered in the individual market, any health insurance plan that
739	is individually underwritten, or any health insurance plan
740	provided to a small employer.
741	(d)  "Insurer" means an insurer providing health insurance
742	coverage, which is licensed to engage in the business of
743	insurance in this state and is subject to insurance regulation.
744	(2)  A health insurance plan issued or renewed on or after
745	July 1, 2009, shall provide coverage to an eligible individual
746	for:
747	(a)  Well-baby and well-child screening for diagnosing the
748	presence of a developmental disability.
749	(b)  Treatment of a developmental disability through speech
750	therapy, occupational therapy, physical therapy, and behavior
751	analysis services. Behavior analysis services shall be provided
752	by an individual certified pursuant to s. 393.17 or an
753	individual licensed under chapter 490 or chapter 491.
754	(3)  The coverage required pursuant to subsection (2) is
755	subject to the following requirements:
756	(a)  Coverage shall be limited to treatment that is
757	prescribed by the insured's treating physician in accordance
758	with a treatment plan.
759	(b)  Coverage for the services described in subsection (2)
760	shall be limited to $36,000 annually and may not exceed $108,000
761	in total lifetime benefits.
762	(c)  Coverage may not be denied on the basis that provided
763	services are habilitative in nature.
764	(d)  Coverage may be subject to other general exclusions
765	and limitations of the insurer's policy or plan, including, but
766	not limited to, coordination of benefits, participating provider
767	requirements, restrictions on services provided by family or
768	household members, and utilization review of health care
769	services, including the review of medical necessity, case
770	management, and other managed care provisions.
771	(4)  The coverage required pursuant to subsection (2) may
772	not be subject to dollar limits, deductibles, or coinsurance
773	provisions that are less favorable to an insured than the dollar
774	limits, deductibles, or coinsurance provisions that apply to
775	physical illnesses that are generally covered under the health
776	insurance plan, except as otherwise provided in subsection (3).
777	(5)  An insurer may not deny or refuse to issue coverage
778	for medically necessary services, refuse to contract with, or
779	refuse to renew or reissue or otherwise terminate or restrict
780	coverage for an individual because the individual is diagnosed
781	as having a developmental disability.
782	(6)  The treatment plan required pursuant to subsection (3)
783	shall include all elements necessary for the health insurance
784	plan to appropriately pay claims. These elements include, but
785	are not limited to, a diagnosis, the proposed treatment by type,
786	the frequency and duration of treatment, the anticipated
787	outcomes stated as goals, the frequency with which the treatment
788	plan will be updated, and the signature of the treating
789	physician.
790	(7)  Beginning January 1, 2011, the maximum benefit under
791	paragraph (3)(b) shall be adjusted annually on January 1 of each
792	calendar year to reflect any change from the previous year in
793	the medical component of the then current Consumer Price Index
794	for all urban consumers, published by the Bureau of Labor
795	Statistics of the United States Department of Labor.
796	(8)  This section may not be construed as limiting benefits
797	and coverage otherwise available to an insured under a health
798	insurance plan.
799	(9)  The Office of Insurance Regulation may not enforce
800	this section against an insurer that is a signatory no later
801	than July 1, 2009, to the developmental disabilities compact
802	established under s. 624.916. The Office of Insurance Regulation
803	shall enforce this section against an insurer that is a
804	signatory to the compact established under s. 624.916 if the
805	insurer has not complied with the terms of the compact for all
806	health insurance plans by July 1, 2010.
807	Section 16.  Section 641.31098, Florida Statutes, is
808	created to read:
809	641.31098  Coverage for individuals with developmental
810	disabilities.--
811	(1)  As used in this section, the term:
812	(a)  "Developmental disability" has the same meaning as
813	provided in s. 393.063, with the addition of autism spectrum
814	disorder, as defined in s. 409.811.
815	(b)  "Eligible individual" means an individual under 18
816	years of age or an individual 18 years of age or older who is in
817	high school who has been diagnosed as having a developmental
818	disability at 8 years of age or younger.
819	(c)  "Health maintenance contract" means a group health
820	maintenance contract offered by a health maintenance
821	organization. This term does not include a health maintenance
822	contract offered in the individual market, a health maintenance
823	contract that is individually underwritten, or a health
824	maintenance contract provided to a small employer.
825	(2)  A health maintenance contract issued or renewed on or
826	after July 1, 2009, shall provide coverage to an eligible
827	individual for:
828	(a)  Well-baby and well-child screening for diagnosing the
829	presence of a developmental disability.
830	(b)  Treatment of a developmental disability through speech
831	therapy, occupational therapy, physical therapy, and behavior
832	analysis services. Behavior analysis services shall be provided
833	by an individual certified pursuant to s. 393.17 or an
834	individual licensed under chapter 490 or chapter 491.
835	(3)  The coverage required pursuant to subsection (2) is
836	subject to the following requirements:
837	(a)  Coverage shall be limited to treatment that is
838	prescribed by the subscriber's treating physician in accordance
839	with a treatment plan.
840	(b)  Coverage for the services described in subsection (2)
841	shall be limited to $36,000 annually and may not exceed $108,000
842	in total benefits.
843	(c)  Coverage may not be denied on the basis that provided
844	services are habilitative in nature.
845	(d)  Coverage may be subject to general exclusions and
846	limitations of the subscriber's contract, including, but not
847	limited to, coordination of benefits, participating provider
848	requirements, and utilization review of health care services,
849	including the review of medical necessity, case management, and
850	other managed care provisions.
851	(4)  The coverage required pursuant to subsection (2) may
852	not be subject to dollar limits, deductibles, or coinsurance
853	provisions that are less favorable to a subscriber than the
854	dollar limits, deductibles, or coinsurance provisions that apply
855	to physical illnesses that are generally covered under the
856	subscriber's contract, except as otherwise provided in
857	subsection (3).
858	(5)  A health maintenance organization may not deny or
859	refuse to issue coverage for medically necessary services,
860	refuse to contract with, or refuse to renew or reissue or
861	otherwise terminate or restrict coverage for an individual
862	solely because the individual is diagnosed as having a
863	developmental disability.
864	(6)  The treatment plan required pursuant to subsection (3)
865	shall include, but is not limited to, a diagnosis, the proposed
866	treatment by type, the frequency and duration of treatment, the
867	anticipated outcomes stated as goals, the frequency with which
868	the treatment plan will be updated, and the signature of the
869	treating physician.
870	(7)  Beginning January 1, 2011, the maximum benefit under
871	paragraph (3)(b) shall be adjusted annually on January 1 of each
872	calendar year to reflect any change from the previous year in
873	the medical component of the then current Consumer Price Index
874	for all urban consumers, published by the Bureau of Labor
875	Statistics of the United States Department of Labor.
876	(8)  The Office of Insurance Regulation may not enforce
877	this section against a health maintenance organization that is a
878	signatory no later than July 1, 2009, to the developmental
879	disabilities compact established under s. 624.916. The Office of
880	Insurance Regulation shall enforce this section against a health
881	maintenance organization that is a signatory to the compact
882	established under s. 624.916 if the health maintenance
883	organization has not complied with the terms of the compact for
884	all health maintenance contracts by July 1, 2010.
885	Section 17.  Subsections (1), (2), and (3), paragraph (a)
886	of subsection (4), paragraph (d) of subsection (8), and
887	paragraphs (a), (c), and (d) of subsection (10) of section
888	1002.39, Florida Statutes, are amended, subsections (11), (12),
889	and (13) are renumbered as subsections (13), (14), and (15),
890	respectively, and new subsections (11) and (12) are added to
891	that section, to read:
892	1002.39  The John M. McKay Scholarships for Students with
893	Disabilities Program.--There is established a program that is
894	separate and distinct from the Opportunity Scholarship Program
895	and is named the John M. McKay Scholarships for Students with
896	Disabilities Program.
897	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
898	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
899	Students with Disabilities Program is established to provide the
900	option to attend a public school other than the one to which
901	assigned, or to provide a scholarship to a private school of
902	choice, for students with disabilities for whom an individual
903	educational education plan has been written in accordance with
904	rules of the State Board of Education. Students with
905	disabilities include K-12 students who are documented as having
906	an intellectual disability a mental handicap, including
907	trainable, profound, or educable; a speech impairment; a or
908	language impairment; a hearing impairment, including deafness; a
909	visual impairment, including blindness; a dual sensory
910	impairment; an orthopedic a physical impairment or other health
911	impairment; a serious emotional disturbance, including an
912	emotional or behavioral disability handicap; a specific learning
913	disability, including, but not limited to, dyslexia,
914	dyscalculia, or developmental aphasia; a traumatic brain injury;
915	a developmental delay; or autism spectrum disorder.
916	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
917	a public school student with a disability who is dissatisfied
918	with the student's progress may request and receive from the
919	state a John M. McKay Scholarship for the child to enroll in and
920	attend a private school in accordance with this section if:
921	(a)  The student has either:
922	1.  Received early intervention services under the
923	Voluntary Prekindergarten Education Program pursuant to s.
924	1002.66 during the previous school year; or
925	2.  Spent the prior school year in attendance at a Florida
926	public school or the Florida School for the Deaf and the Blind.
927	For purposes of this subparagraph, prior school year in
928	attendance means that the student was:
929	1.  enrolled and reported by:
930	a.  A school district for funding during the preceding
931	October and February Florida Education Finance Program surveys
932	in kindergarten through grade 12, which shall include time spent
933	in a Department of Juvenile Justice commitment program if funded
934	under the Florida Education Finance Program;
935	b.2.  Enrolled and reported by The Florida School for the
936	Deaf and the Blind during the preceding October and February
937	student membership surveys in kindergarten through grade 12; or
938	c.3.  Enrolled and reported by A school district for
939	funding during the preceding October and February Florida
940	Education Finance Program surveys, was at least 4 years old when
941	so enrolled and reported, and was eligible for services under s.
942	1003.21(1)(e).
943
944	However, a dependent child of a member of the United States
945	Armed Forces who transfers to a school in this state from out of
946	state or from a foreign country pursuant to a parent's permanent
947	change of station orders is exempt from this paragraph but must
948	meet all other eligibility requirements to participate in the
949	program.
950	(b)  The parent has obtained acceptance for admission of
951	the student to a private school that is eligible for the program
952	under subsection (8) and has requested from the department a
953	scholarship at least 60 days prior to the date of the first
954	scholarship payment. The request must be through a communication
955	directly to the department in a manner that creates a written or
956	electronic record of the request and the date of receipt of the
957	request. The Department of Education must notify the district of
958	the parent's intent upon receipt of the parent's request.
959	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
960	not eligible for a John M. McKay Scholarship while he or she is:
961	(a)  Enrolled in a school operating for the purpose of
962	providing educational services to youth in Department of
963	Juvenile Justice commitment programs;
964	(b)  Receiving a corporate income tax credit scholarship
965	under s. 220.187;
966	(c)  Receiving an educational scholarship pursuant to this
967	chapter;
968	(d)  Participating in a home education program as defined
969	in s. 1002.01(1);
970	(e)  Participating in a private tutoring program pursuant
971	to s. 1002.43;
972	(f)  Participating in a virtual school, correspondence
973	school, or distance learning program that receives state funding
974	pursuant to the student's participation unless the participation
975	is limited to no more than two courses per school year;
976	(g)  Enrolled in the Florida School for the Deaf and the
977	Blind; or
978	(h)  Not having regular and direct contact with his or her
979	private school teachers at the school's physical location,
980	except as provided in subsection (11).
981	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
982	(a)  For purposes of continuity of educational choice, a
983	John M. McKay Scholarship shall remain in force until the
984	student enrolls in returns to a public school, graduates from
985	high school, or reaches the age of 22, whichever occurs first.
986	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
987	eligible to participate in the John M. McKay Scholarships for
988	Students with Disabilities Program, a private school may be
989	sectarian or nonsectarian and must:
990	(d)  Maintain in this state a physical location where a
991	scholarship student regularly attends classes or where it
992	provides case management services under subsection (11).
993
994	The inability of a private school to meet the requirements of
995	this subsection shall constitute a basis for the ineligibility
996	of the private school to participate in the scholarship program
997	as determined by the department.
998	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
999	(a)1.  The maximum scholarship granted for an eligible
1000	student with disabilities shall be a calculated amount
1001	equivalent to the base student allocation in the Florida
1002	Education Finance Program multiplied by the appropriate cost
1003	factor for the educational program that would have been provided
1004	for the student in the district school to which he or she was
1005	assigned, multiplied by the district cost differential.
1006	2.  In addition, a share of the guaranteed allocation for
1007	exceptional students shall be determined and added to the
1008	calculated amount. The calculation shall be based on the
1009	methodology and the data used to calculate the guaranteed
1010	allocation for exceptional students for each district in chapter
1011	2000-166, Laws of Florida. Except as provided in subparagraphs
1012	3. and 4., the calculation shall be based on the student's
1013	grade, matrix level of services, and the difference between the
1014	2000-2001 basic program and the appropriate level of services
1015	cost factor, multiplied by the 2000-2001 base student allocation
1016	and the 2000-2001 district cost differential for the sending
1017	district. Also, the calculated amount shall include the per-
1018	student share of supplemental academic instruction funds,
1019	instructional materials funds, technology funds, and other
1020	categorical funds as provided for such purposes in the General
1021	Appropriations Act.
1022	3.  The calculated scholarship amount for a student who is
1023	eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
1024	shall be calculated as provided in subparagraphs 1. and 2.
1025	However, the calculation shall be based on the school district
1026	in which the parent resides at the time of the scholarship
1027	request.
1028	4.  Until the school district completes the matrix required
1029	by paragraph (5)(b), the calculation shall be based on the
1030	matrix that assigns the student to support level I of service as
1031	it existed prior to the 2000-2001 school year. When the school
1032	district completes the matrix, the amount of the payment shall
1033	be adjusted as needed.
1034	(c)1.  The school district shall report all students who
1035	are attending a private school under this program. The students
1036	with disabilities attending private schools on John M. McKay
1037	Scholarships shall be reported separately from other students
1038	reported for purposes of the Florida Education Finance Program.
1039	2.  For program participants who are eligible under sub-
1040	subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
1041	district that is used as the basis for the calculation of the
1042	scholarship amount as provided in subparagraph (a)3. shall:
1043	a.  Report to the department all such students who are
1044	attending a private school under this program.
1045	b.  Be held harmless for such students from the weighted
1046	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
1047	during the first school year in which the students are reported.
1048	(d)  Following notification on July 1, September 1,
1049	December 1, or February 1 of the number of program participants,
1050	the department shall transfer, from General Revenue funds only,
1051	the amount calculated under paragraph (b) from the school
1052	district's total funding entitlement under the Florida Education
1053	Finance Program and from authorized categorical accounts to a
1054	separate account for the scholarship program for quarterly
1055	disbursement to the parents of participating students. Funds may
1056	not be transferred from any funding provided to the Florida
1057	School for the Deaf and the Blind for program participants who
1058	are eligible under sub-subparagraph (2)(a)2.b. subparagraph
1059	(2)(a)2. For a student exiting a Department of Juvenile Justice
1060	commitment program who chooses to participate in the scholarship
1061	program, the amount of the John M. McKay Scholarship calculated
1062	pursuant to paragraph (b) shall be transferred from the school
1063	district in which the student last attended a public school
1064	prior to commitment to the Department of Juvenile Justice. When
1065	a student enters the scholarship program, the department must
1066	receive all documentation required for the student's
1067	participation, including the private school's and student's fee
1068	schedules, at least 30 days before the first quarterly
1069	scholarship payment is made for the student.
1070	(11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
1071	student eligible for a scholarship under this section may
1072	receive regular and direct instruction and services from a
1073	private school at a site other than the school's physical
1074	location if the following criteria are met:
1075	(a)  The student's parent provides a notarized statement
1076	from the medical doctor or psychologist treating the student's
1077	disability which certifies that the student's welfare or the
1078	welfare of other students in the classroom will be jeopardized
1079	if the student is required to regularly attend class at the
1080	school's physical location. Such notarized statement must be:
1081	1.  Annually provided to the department at least 60 days
1082	prior to the date of the first scholarship payment for each
1083	school year.
1084	2.  Based on an annual review of the student's disability
1085	by the student's medical doctor or psychologist.
1086	(b)  The private school serving the student:
1087	1.  Employs or contracts with a case manager who
1088	coordinates and monitors the student's instruction and services,
1089	reviews and maintains the documentation submitted under
1090	subparagraph 2., and provides the student's parent and private
1091	school with monthly reports on the student's progress.
1092	2.  Requires private school employees or contracted
1093	personnel who provide regular and direct instruction or services
1094	to a student at a site other than the private school's physical
1095	location to submit to the case manager documentation of the
1096	instruction, services, and progress of the student.
1097	3.  Notifies the department of each student subject to this
1098	subsection.
1099	(12)  RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who
1100	received a scholarship under this section in the 2005-2006
1101	school year, but who was unable to receive a scholarship in the
1102	2006-2007 school year due to the regular and direct contact
1103	requirement in paragraph (3)(h), is eligible for a scholarship
1104	in the 2008-2009 school year if the student:
1105	(a)  Demonstrates that he or she would have met the
1106	criteria of paragraph (11)(a) at the time of his or her 2006-
1107	2007 scholarship.
1108	(b)  Satisfies the requirements for a scholarship under
1109	this section other than the prior school year attendance
1110	requirement in paragraph (2)(a).
1111	Section 18.  Subsections (2) through (5) of section
1112	1002.51, Florida Statutes, are renumbered as subsections (3)
1113	through (6), respectively, and a new subsection (2) is added to
1114	that section to read:
1115	1002.51  Definitions.--As used in this part, the term:
1116	(2)  "Early intervention service provider" means a provider
1117	delivering early intervention services under s. 1002.66.
1118	Section 19.  Subsections (1) and (3) of section 1002.53,
1119	Florida Statutes, are amended to read:
1120	1002.53  Voluntary Prekindergarten Education Program;
1121	eligibility and enrollment.--
1122	(1)  There is created the Voluntary Prekindergarten
1123	Education Program, which. The program shall take effect in each
1124	county at the beginning of the 2005-2006 school year and shall
1125	be organized, designed, and delivered in accordance with s. 1(b)
1126	and (c), Art. IX of the State Constitution.
1127	(3)  The parent of each child eligible under subsection (2)
1128	may enroll the child in one of the following programs:
1129	(a)  A school-year prekindergarten program delivered by a
1130	private prekindergarten provider under s. 1002.55;
1131	(b)  A summer prekindergarten program delivered by a public
1132	school or private prekindergarten provider under s. 1002.61; or
1133	(c)  A school-year prekindergarten program delivered by a
1134	public school, if offered by a school district that is eligible
1135	under s. 1002.63; or
1136	(d)  Beginning with the 2010-2011 school year, a
1137	prekindergarten program of early intervention services, if the
1138	child is eligible for the program under s. 1002.66.
1139
1140	Except as provided in s. 1002.71(4), a child may not enroll in
1141	more than one of these programs.
1142	Section 20.  Section 1002.66, Florida Statutes, is created
1143	to read:
1144	1002.66  Prekindergarten program of early intervention
1145	services.--
1146	(1)  Beginning with the 2010-2011 school year, a child who
1147	enrolls with the early learning coalition under s. 1002.53(3)(d)
1148	is eligible for a prekindergarten program of early intervention
1149	services if:
1150	(a)  The child is eligible for the Voluntary
1151	Prekindergarten Education Program under s. 1002.53(2); and
1152	(b)  A current individual educational plan has been
1153	developed for the child in accordance with State Board of
1154	Education rule and the plan indicates the child's need for
1155	multiple and intensive services, delivered weekly or daily, to
1156	address the child's development of the following skills:
1157	1.  Social skills, including replacement of problematic
1158	behaviors with more conventional and appropriate behaviors;
1159	2.  Communication skills, including the development of a
1160	functional communication system;
1161	3.  Fine and gross motor skills;
1162	4.  Cognitive skills, including basic concepts and
1163	developmentally appropriate pre-academic skills; and
1164	5.  Independent organizational skills and other behaviors
1165	necessary for future success in the typical educational
1166	environment.
1167
1168	If a child's individual educational plan indicates that the
1169	child meets the eligibility requirements for a prekindergarten
1170	program of early intervention services under this paragraph, the
1171	school district shall record the child's eligibility on a form,
1172	or otherwise in the format, developed by the Department of
1173	Education in consultation with the Agency for Workforce
1174	Innovation.
1175	(2)  The parent of a child who is eligible for a
1176	prekindergarten program under this section may select one or
1177	more early intervention services that the child's individual
1178	educational plan indicates is appropriate for the child. These
1179	early intervention services may include, but are not limited to:
1180	(a)  Applied behavior analysis.
1181	(b)  Speech-language pathology.
1182	(c)  Occupational therapy.
1183	(d)  Physical therapy.
1184	(3)  The early intervention services provided for a child
1185	under this section must be delivered according to professionally
1186	accepted standards and must, in accordance with the performance
1187	standards adopted by the department under s. 1002.67, address
1188	the age-appropriate progress of the child in the development of
1189	the capabilities, capacities, and skills required under s. 1(b),
1190	Art. IX of the State Constitution.
1191	(4)  Each Center for Autism and Related Disabilities
1192	established under s. 1004.55 shall, within the center's region,
1193	approve early intervention service providers whose services meet
1194	the standards in subsection (3), maintain a list of approved
1195	providers, and notify each school district and early learning
1196	coalition in the center's region of the approved provider list.
1197	Upon the request of a child's parent, a Center for Autism and
1198	Related Disabilities may approve an early intervention service
1199	provider that is not on the approved list if the provider's
1200	services meet the standards in subsection (3) and the child's
1201	individual educational plan indicates that the services are
1202	appropriate for the child.
1203	(5)  From the funds allocated to the early learning
1204	coalition for the Voluntary Prekindergarten Education Program,
1205	the coalition shall reimburse an approved early intervention
1206	service provider for authorized services provided for an
1207	eligible child, except that the cumulative total of services
1208	reimbursed for a child may not exceed the amount of the base
1209	student allocation provided for the Voluntary Prekindergarten
1210	Education Program in the General Appropriations Act.
1211	Section 21.  Paragraph (a) of subsection (4) of section
1212	1002.71, Florida Statutes, is amended to read:
1213	1002.71  Funding; financial and attendance reporting.--
1214	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
1215	(a)  A child who, for any of the prekindergarten programs
1216	listed in s. 1002.53(3), has not completed more than 10 percent
1217	of the hours authorized to be reported for funding under
1218	subsection (2), or has not expended more than 10 percent of the
1219	funds authorized for the child under s. 1002.66, may withdraw
1220	from the program for good cause, reenroll in one of the
1221	programs, and be reported for funding purposes as a full-time
1222	equivalent student in the program for which the child is
1223	reenrolled.
1224
1225	A child may reenroll only once in a prekindergarten program
1226	under this section. A child who reenrolls in a prekindergarten
1227	program under this subsection may not subsequently withdraw from
1228	the program and reenroll. The Agency for Workforce Innovation
1229	shall establish criteria specifying whether a good cause exists
1230	for a child to withdraw from a program under paragraph (a),
1231	whether a child has substantially completed a program under
1232	paragraph (b), and whether an extreme hardship exists which is
1233	beyond the child's or parent's control under paragraph (b).
1234	Section 22.  Paragraph (d) of subsection (2) of section
1235	1002.73, Florida Statutes, is redesignated as paragraph (e) and
1236	a new paragraph (d) is added to that subsection to read:
1237	1002.73  Department of Education; powers and duties;
1238	accountability requirements.--
1239	(2)  The department shall adopt procedures for the
1240	department's:
1241	(d)  Development, in consultation with the Agency for
1242	Workforce Innovation, of the form or format for recording a
1243	child's eligibility for early intervention services under s.
1244	1002.66(1)(b).
1245	Section 23.  Paragraphs (a) and (f) of subsection (2) of
1246	section 1002.75, Florida Statutes, are amended to read:
1247	1002.75  Agency for Workforce Innovation; powers and
1248	duties; operational requirements.--
1249	(2)  The Agency for Workforce Innovation shall adopt
1250	procedures governing the administration of the Voluntary
1251	Prekindergarten Education Program by the early learning
1252	coalitions and school districts for:
1253	(a)  Enrolling children in and determining the eligibility
1254	of children for the Voluntary Prekindergarten Education Program
1255	under ss. 1002.53 and 1002.66 s. 1002.53.
1256	(f)  Paying private prekindergarten providers, and public
1257	schools, and early intervention service providers under ss.
1258	1002.66 and 1002.71 s. 1002.71.
1259	Section 24.  Effective upon this act becoming a law,
1260	section 1004.55, Florida Statutes, is amended to read:
1261	1004.55  Regional autism Centers for Autism and Related
1262	Disabilities.--
1263	(1)  Seven regional autism Centers for Autism and Related
1264	Disabilities are established to provide nonresidential resource
1265	and training services for:
1266	(a)  Children younger than 5 years of age who have:
1267	1.  An autism spectrum disorder; a genetic or metabolic
1268	disorder; a neurological disorder; a severe attachment disorder;
1269	a hearing impairment, including deafness; a visual impairment,
1270	including blindness; or dual sensory impairment; or
1271	2.  A developmental delay in cognition; physical or motor
1272	development, including hearing or vision; communication; social
1273	or emotional development; or adaptive development.
1274	(b)  Persons 5 years of age or older who have an autism
1275	spectrum disorder or a severe communication disorder persons of
1276	all ages and of all levels of intellectual functioning who have
1277	autism, as defined in s. 393.063; who have a pervasive
1278	developmental disorder that is not otherwise specified; who have
1279	an autistic-like disability; who have a dual sensory impairment;
1280	or who have a sensory impairment with other handicapping
1281	conditions.
1282	(2)  Each center shall be operationally and fiscally
1283	independent and shall provide services within its geographical
1284	region of the state. Service delivery shall be consistent for
1285	all centers. Each center shall coordinate services within and
1286	between state and local agencies and school districts but may
1287	not duplicate services provided by those agencies or school
1288	districts. The respective locations and service areas of the
1289	centers are:
1290	(a)  The Department of Communication Disorders at Florida
1291	State University, which serves Bay, Calhoun, Escambia, Franklin,
1292	Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
1293	Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
1294	Washington Counties.
1295	(b)  The College of Medicine at the University of Florida,
1296	which serves Alachua, Bradford, Citrus, Columbia, Dixie,
1297	Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam,
1298	Suwannee, and Union Counties.
1299	(c)  The University of Florida Health Science Center at
1300	Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau,
1301	and St. Johns Counties.
1302	(d)  The Louis de la Parte Florida Mental Health Institute
1303	at the University of South Florida, which serves Charlotte,
1304	Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
1305	Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota
1306	Counties.
1307	(e)  The Mailman Center for Child Development and the
1308	Department of Psychology at the University of Miami, which
1309	serves Broward, Dade, and Monroe Counties.
1310	(f)  The College of Health and Public Affairs at the
1311	University of Central Florida, which serves Brevard, Lake,
1312	Orange, Osceola, Seminole, Sumter, and Volusia Counties.
1313	(g)  The Department of Exceptional Student Education at
1314	Florida Atlantic University, which serves Palm Beach, Martin,
1315	St. Lucie, Okeechobee, and Indian River Counties.
1316	(3)(2)  There is established for each center a constituency
1317	board, which shall work collaboratively with the center. Each
1318	board shall consist of no fewer than six members, each of whom
1319	is either an individual who has an autism spectrum disorder or
1320	another a disability that is described in subsection (1) or is a
1321	member of a family that includes a person who has such a
1322	disability, who are selected by each university president from a
1323	list that has been developed by the Autism Society of Florida
1324	and other relevant constituency groups that represent persons
1325	who have an autism spectrum disorder or another disability
1326	sensory impairments as described in subsection (1). As
1327	representatives of the center's constituencies, these boards
1328	shall meet quarterly with the staff of each of the centers to
1329	provide advice on policies, priorities, and activities. Each
1330	board shall submit to the university president and to the
1331	Department of Education an annual report that evaluates the
1332	activities and accomplishments of its center during the year.
1333	The board for each center should raise funds equivalent to 2
1334	percent of the total funds allocated to that center in each
1335	fiscal year.
1336	(4)(3)  To promote statewide planning and coordination, a
1337	conference must be held annually for staff from each of the
1338	seven centers and representatives from each center's
1339	constituency board. The purpose of the conference is to
1340	facilitate coordination, networking, cross-training, and
1341	feedback among the staffs and constituency boards of the
1342	centers.
1343	(5)(4)(a)  Each center shall provide:
1344	1.  A staff that has expertise in autism spectrum disorder
1345	and the other disabilities described in subsection (1) autistic-
1346	like behaviors and in sensory impairments.
1347	2.  Individual and direct family assistance in the home,
1348	community, and school. A center's assistance should not supplant
1349	other responsibilities of state and local agencies, and each
1350	school district is responsible for providing an appropriate
1351	education program for clients of a center who are school age.
1352	3.  Technical assistance and consultation services,
1353	including specific intervention and assistance for a client of
1354	the center, the client's family, and the school district, and
1355	any other services that are appropriate.
1356	4.  Professional training programs that include developing,
1357	providing, and evaluating preservice and inservice training in
1358	state-of-the-art practices for personnel who work with the
1359	populations served by the centers and their families.
1360	5.  Public education programs to increase awareness of the
1361	public about autism spectrum disorder and the other disabilities
1362	described in subsection (1), autistic-related disabilities of
1363	communication and behavior, dual sensory impairments, and
1364	sensory impairments with other handicapping conditions.
1365	6.  Coordination of regional learning gateways established
1366	in accordance with s. 1006.80.
1367	7.  Approval of early intervention service providers for
1368	prekindergarten programs for children with disabilities in
1369	accordance with s. 1002.66.
1370	(b)  Effective October 1, 2008, a center that is not
1371	designated a medical model for the treatment of autism spectrum
1372	disorder under s. 1006.82 may not provide direct medical
1373	intervention or pharmaceutical intervention is prohibited in any
1374	center on or after July 1, 2008.
1375	(6)(5)  The State Board of Education, in cooperation with
1376	the regional autism Centers for Autism and Related Disabilities,
1377	shall adopt the necessary rules to carry out the purposes of
1378	this section.
1379	Section 25.  Effective upon this act becoming a law,
1380	subsection (1), paragraph (b) of subsection (2), and subsections
1381	(3) and (4) of section 1006.03, Florida Statutes, are amended to
1382	read:
1383	1006.03  Florida Diagnostic and Learning Resources System;
1384	regional resource centers.--
1385	(1)  The department shall maintain the Florida Diagnostic
1386	and Learning Resources System, which shall be comprised of a
1387	network of regional diagnostic and learning resources resource
1388	centers for exceptional students. The regional centers shall, to
1389	assist in the provision of medical, physiological,
1390	psychological, and educational testing and other services
1391	designed to evaluate and diagnose exceptionalities, to make
1392	referrals for necessary instruction and services, and to
1393	facilitate the provision of instruction and services to
1394	exceptional students. The department shall cooperate with the
1395	Department of Children and Family Services and the Centers for
1396	Autism and Related Disabilities in identifying service needs and
1397	areas.
1398	(2)  Within its identified service area, each regional
1399	center shall:
1400	(b)  Assist in the provision of services for exceptional
1401	children, using to the maximum, but not supplanting, the
1402	existing facilities and services of each school district.
1403	(3)  Regional diagnostic and learning resources resource
1404	centers may provide testing and evaluation services to private
1405	school students and other children who are not enrolled in
1406	public schools.
1407	(4)  Regional diagnostic and learning resources resource
1408	centers may assist districts in providing testing and evaluation
1409	services for infants and preschool children with or at risk of
1410	developing disabilities, and may assist districts in providing
1411	interdisciplinary training and resources to parents of infants
1412	and preschool children with or at risk of developing
1413	disabilities and to early learning school readiness programs.
1414	Section 26.  Effective upon this act becoming a law, part
1415	III of chapter 1006, Florida Statutes, shall be entitled
1416	"Learning Gateway" and shall consist of sections 1006.80 and
1417	1006.82, Florida Statutes.
1418	Section 27.  Effective upon this act becoming a law,
1419	section 1006.80, Florida Statutes, is created to read:
1420	1006.80  Regional learning gateways.--The Centers for
1421	Autism and Related Disabilities established under s. 1004.55, in
1422	collaboration with the Department of Education and the Florida
1423	Diagnostic and Learning Resources System, shall establish a
1424	statewide system of learning gateways. The system must include
1425	the establishment of a learning gateway in the geographic region
1426	of each center. Each region's learning gateway shall:
1427	(1)  Establish a single point of access for referral to the
1428	appropriate agencies for the screening and assessment of
1429	children younger than 5 years of age for disabilities,
1430	conducting diagnostic evaluations for children with suspected
1431	disabilities, and referring children with disabilities for early
1432	intervention services and early learning programs.
1433	(2)  Designate a central telephone number in the center's
1434	region, and an Internet website, for parents, practitioners, and
1435	providers to obtain information about services available through
1436	the learning gateway, screenings, assessments, diagnostic
1437	evaluations, early intervention services, and early learning
1438	programs for children with disabilities.
1439	(3)  Provide followup contact for families whose children
1440	are determined ineligible for services under Part B or Part C of
1441	the federal Individuals with Disabilities Education Act.
1442	(4)  Provide interagency coordination in the center's
1443	region among the regional offices of state agencies, including
1444	offices of the Division of Children's Medical Services Network
1445	of the Department of Health; regional diagnostic and learning
1446	resources centers; diagnostic and learning resources centers at
1447	state universities; school districts; early learning coalitions;
1448	county and municipal agencies; community agencies and
1449	organizations; and public and private providers of early
1450	intervention services and early learning programs, in order to
1451	develop and implement strategies to reduce a child's waiting
1452	time for services, reduce interagency duplication, and reduce
1453	interagency differences in eligibility criteria for services and
1454	programs which cause cross-agency screenings, assessments, and
1455	diagnostic evaluations.
1456	(5)  Facilitate the integration of services, linkages among
1457	providers, and the array of services required to address the
1458	needs of children and families.
1459	(6)  Improve community awareness and education for parents
1460	and practitioners about the developmental milestones, and the
1461	warning signs or precursors of disabilities, exhibited by
1462	children younger than 5 years of age.
1463	(7)  Provide training and technical assistance for parents,
1464	practitioners, and providers.
1465	Section 28.  Effective upon this act becoming a law,
1466	section 1006.82, Florida Statutes, is created to read:
1467	1006.82  State Learning Gateway Council.--
1468	(1)  There is created the State Learning Gateway Council,
1469	which is assigned to the Department of Education for
1470	administrative purposes. The council is composed of the
1471	following agency heads, and officers of the following
1472	organizations, or their permanent designees:
1473	(a)  Secretary of Children and Family Services.
1474	(b)  Director of the Agency for Persons with Disabilities.
1475	(c)  Director of Workforce Innovation.
1476	(d)  State Surgeon General.
1477	(e)  Secretary of Health Care Administration.
1478	(f)  Commissioner of Education.
1479	(g)  The director of a regional diagnostic and learning
1480	resources center appointed by the Commissioner of Education.
1481	(h)  The director of a diagnostic and learning resources
1482	center at a state university, selected from among the directors
1483	of the university centers.
1484	(i)  Chair of the Florida Early Learning Advisory Council.
1485	(j)  President of the Autism Society of Florida.
1486	(k)  President of the Florida Association for Behavioral
1487	Analysis.
1488	(l)  President of the Florida Pediatric Society.
1489	(m)  President of the Florida Psychological Association.
1490	(2)  The council shall select a chair from among its
1491	members. An executive director of a Center for Autism and
1492	Related Disabilities, selected from among the executive
1493	directors of the centers, shall serve as the council's executive
1494	director.
1495	(3)(a)  The council shall coordinate the statewide
1496	implementation of regional learning gateways and shall advise
1497	the Legislature, the Governor, and the agencies represented by
1498	the council's members on the system of regional learning
1499	gateways.
1500	(b)  Each Center for Autism and Related Disabilities shall
1501	submit an implementation plan to the council for the region's
1502	learning gateway by January 15, 2009. The plan must include the
1503	center's proposed expenditures for implementation of the
1504	regional learning gateway.
1505	(c)  The council may designate a Center for Autism and
1506	Related Disabilities on the main campus, or at any branch campus
1507	or center, of the University of Florida, as a medical model for
1508	the treatment of autism spectrum disorder, if the center
1509	demonstrates a unique community need for such treatment in the
1510	center's region. A center designated as a medical model shall,
1511	by October 1 of each year, submit an annual report to the
1512	council. Each annual report must summarize the center's
1513	activities related to the treatment of autism spectrum disorder,
1514	including the center's expenditures for those services, for the
1515	prior state fiscal year.
1516	(4)(a)  The agencies represented by the council's
1517	membership shall enter into an interagency agreement to provide
1518	staffing and administrative support for the council.
1519	(b)  Members of the council shall serve without
1520	compensation but are entitled to per diem and travel expenses
1521	for required attendance at council meetings in accordance with
1522	the provisions of s. 112.061. Each council member is subject to
1523	the Code of Ethics for Public Officers and Employees under part
1524	III of chapter 112.
1525	(5)(a)  The council may use any method of
1526	telecommunications to conduct meetings, including establishing a
1527	quorum through telecommunications, if the public is given proper
1528	notice of a telecommunications meeting and reasonable access to
1529	observe and, when appropriate, participate.
1530	(b)  The council appointments shall be made, and the
1531	council shall conduct its initial meeting, within 45 days after
1532	the effective date of this section.
1533	Section 29.  Effective upon this act becoming a law,
1534	sections 411.226, 411.227, and 411.228, Florida Statutes, are
1535	repealed.
1536	Section 30.  Except as otherwise expressly provided in
1537	this act, this act shall take effect July 1, 2008.
1538
1539
1540
1541	-----------------------------------------------------
1542	T I T L E  A M E N D M E N T
1543	Remove the entire title and insert:
1544	A bill to be entitled
1545	An act relating to children with disabilities; creating
1546	the "Window of Opportunity Act"; amending s. 391.026,
1547	F.S.; requiring the Department of Health to provide
1548	certain services under contract to the Florida Healthy
1549	Kids Corporation; specifying that children served under
1550	such contract are not enrollees of Children's Medical
1551	Services; amending 393.063, F.S.; revising the definition
1552	of the term "developmental disability"; providing a
1553	definition of the term "Down syndrome"; amending s.
1554	409.811, F.S.; providing a definition of the term "autism
1555	spectrum disorder"; amending s. 409.8132, F.S.; revising
1556	provisions relating to enrollment in the Medikids program
1557	component of Florida Kidcare; providing for the Agency for
1558	Health Care Administration to assign family members to the
1559	same managed care plan or Medicaid provider, under certain
1560	circumstances; amending s. 409.8134, F.S.; providing
1561	eligibility criteria for enrollment for premium
1562	assistance; providing for enrollment without premium
1563	assistance in the Florida Kidcare program during open
1564	enrollment periods; providing limitations on year-round
1565	enrollment for premium assistance; specifying a time
1566	period for enrollees not eligible for premium assistance
1567	to enroll in the Florida Healthy Kids program; providing
1568	exceptions; providing for certain enrollees to transfer to
1569	the Healthy Kids program under certain circumstances;
1570	authorizing the board of directors of the Florida Healthy
1571	Kids Corporation to take certain actions to reduce
1572	projected costs of the program under certain
1573	circumstances; amending s. 409.814, F.S.; revising
1574	conditions for eligibility for premium assistance for the
1575	Florida Kidcare Program; providing limitations on
1576	enrollment in the Medikids program after January 1, 2009;
1577	providing for enrollment of new applicants in the Florida
1578	Healthy Kids program; revising duties of the board of
1579	directors of the Florida Healthy Kids Corporation
1580	regarding enrollment limitations; providing for
1581	notification to certain managed care plans or MediPass
1582	providers prior to termination of a child's eligibility
1583	for Florida Kidcare; providing for certain information
1584	relating to eligibility to be obtained electronically;
1585	providing an exemption from certain requirements for
1586	individuals who pay the full cost of the Florida Kidcare
1587	premium; amending s. 409.815, F.S.; revising provisions
1588	relating to health benefits coverage for specified
1589	services to include habilitative and behavior analysis
1590	services; providing definitions; limiting the lifetime
1591	maximum of health benefits coverage for certain services;
1592	amending s. 409.818, F.S.; revising timeframe for
1593	redetermination or reverification of eligibility for
1594	Florida Kidcare; amending s. 409.906, F.S.; authorizing
1595	the Agency for Health Care Administration to seek federal
1596	approval through a state plan amendment to provide home
1597	and community-based services for autism spectrum disorder
1598	and other development disabilities; specifying eligibility
1599	criteria; specifying limitations on provision of benefits;
1600	requiring reports to the Legislature; requiring
1601	legislative approval for implementation of certain
1602	provisions; amending s. 411.01, F.S.; providing for the
1603	payment schedules of early learning coalitions to include
1604	certain payments authorized by the Federal Government;
1605	creating s. 456.0291, F.S.; authorizing certain licensing
1606	boards to require special continuing education on
1607	developmental disabilities for certain licensees and
1608	certificateholders; providing penalties; providing
1609	rulemaking authority; requiring the Department of Health
1610	to develop and implement a plan to promote awareness of
1611	developmental disabilities, with a focus on autism
1612	spectrum disorder; amending s. 624.91, F.S.; revising
1613	legislative intent; requiring the Florida Healthy Kids
1614	Corporation to provide information relating to costs and
1615	utilization of full-pay and Title XXI subsidized
1616	populations enrolled in Florida Healthy Kids health
1617	benefits coverage plans; establishing an assignment
1618	process; requiring the corporation to provide a report by
1619	October 31, 2008, to the Governor and Legislature that
1620	includes an analysis of the projected impact on premiums
1621	resulting from the provision of additional services;
1622	requiring the corporation to provide a quarterly
1623	assessment of costs and utilization of services for
1624	Florida Healthy Kids benefit plans to the Governor and
1625	Legislature; creating s. 624.916, F.S.; directing the
1626	Office of Insurance Regulation to establish a workgroup to
1627	develop and execute a compact relating to coverage for
1628	insured persons with development disabilities; providing
1629	for membership of the workgroup; requiring the workgroup
1630	to convene within a specified period of time; directing
1631	the office to establish a consumer advisory workgroup and
1632	providing purpose thereof; requiring the compact to
1633	contain specified components; requiring reports to the
1634	Governor and the Legislature; creating s. 627.6686, F.S.;
1635	providing health insurance coverage for individuals with
1636	developmental disabilities; providing definitions;
1637	providing coverage for certain screening to diagnose and
1638	treat developmental disabilities; providing limitations on
1639	coverage; providing for eligibility standards for benefits
1640	and coverage; prohibiting insurers from denying coverage
1641	under certain circumstances; specifying required elements
1642	of a treatment plan; providing, beginning January 1, 2011,
1643	that the maximum benefit shall be adjusted annually;
1644	clarifying that the section may not be construed as
1645	limiting benefits and coverage otherwise available to an
1646	insured under a health insurance plan; prohibiting the
1647	Office of Insurance Regulation from enforcing certain
1648	provisions against insurers that are signatories to the
1649	developmental disabilities compact by a specified date;
1650	creating s. 641.31098, F.S.; providing coverage under a
1651	health maintenance contract for individuals with
1652	developmental disabilities; providing definitions;
1653	providing coverage for certain screening to diagnose and
1654	treat developmental disabilities; providing limitations on
1655	coverage; providing for eligibility standards for benefits
1656	and coverage; prohibiting health maintenance organizations
1657	from denying coverage under certain circumstances;
1658	specifying required elements of a treatment plan;
1659	providing, beginning January 1, 2011, that the maximum
1660	benefit shall be adjusted annually; prohibiting the Office
1661	of Insurance Regulation from enforcing certain provisions
1662	against health maintenance organizations that are
1663	signatories to the developmental disabilities compact by a
1664	specified date; amending s. 1002.39, F.S., relating to the
1665	John M. McKay Scholarships for Students with Disabilities
1666	Program; revising the terminology used to identify
1667	students with certain disabilities; authorizing students
1668	who receive certain services under the Voluntary
1669	Prekindergarten Education Program to receive a John M.
1670	McKay Scholarship; conforming cross-references; permitting
1671	students to receive scholarship services at locations
1672	other than the private school's site under specified
1673	conditions; providing retroactive eligibility for
1674	scholarships under certain circumstances; amending s.
1675	1002.51, F.S.; revising definitions for the Voluntary
1676	Prekindergarten Education Program; amending s. 1002.53 and
1677	creating s. 1002.66, F.S.; establishing a prekindergarten
1678	program option for early intervention services; providing
1679	eligibility criteria for early intervention services;
1680	requiring the Department of Education to develop forms;
1681	providing for the approval of early intervention service
1682	providers; authorizing the expenditure of funds for early
1683	intervention services; amending s. 1002.71, F.S.;
1684	authorizing a child participating in a prekindergarten
1685	program for children with disabilities to reenroll in
1686	another program option under certain conditions; amending
1687	ss. 1002.73 and 1002.75, F.S.; revising the powers and
1688	duties of the Department of Education and Agency for
1689	Workforce Innovation for prekindergarten programs;
1690	amending s. 1004.55, F.S.; redesignating regional autism
1691	centers as Centers for Autism and Related Disabilities;
1692	revising terminology and duties of the regional autism
1693	centers; revising date that regional autism centers are
1694	prohibited from providing direct medical intervention or
1695	pharmaceutical intervention and providing an exception for
1696	a center designated a medical model by the State Learning
1697	Gateway Council; amending s. 1006.03, F.S.; requiring the
1698	Department of Education to maintain the Florida Diagnostic
1699	and Learning Resources System; revising duties of regional
1700	diagnostic and learning resources centers; creating part
1701	III of chapter 1006, F.S., relating to the Learning
1702	Gateway; creating s. 1006.80, F.S.; requiring Centers for
1703	Autism and Related Disabilities to establish a statewide
1704	system of learning gateways; specifying functions of
1705	learning gateways; creating s. 1006.82, F.S.; establishing
1706	the State Learning Gateway Council; assigning the council
1707	to the Department of Education for administrative
1708	purposes; specifying the membership of the council;
1709	providing for selection of the council's chair and
1710	executive director; prescribing the council's duties;
1711	requiring the Centers for Autism and Related Disabilities
1712	to submit an implementation plan by a specified date;
1713	authorizing the council to designate a center at the
1714	University of Florida as a medical model under certain
1715	circumstances; requiring a center designated as a medical
1716	model to submit an annual report; repealing ss. 411.226,
1717	411.227, and 411.228, F.S., relating to the Learning
1718	Gateway, components of the Learning Gateway, and
1719	accountability; providing effective dates.

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