Amendment
Bill No. CS/CS/CS/SB 2654
Amendment No. 370293
CHAMBER ACTION
Senate House
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1Representative 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
6Opportunity 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
11department shall have the following powers, duties, and
12responsibilities:
13     (18)  To provide services under contract to the Florida
14Healthy Kids Corporation for Florida Healthy Kids benefit plans.
15Children served under this contract are not enrollees of the
16Children's Medical Services program component of the Florida
17Kidcare program funded under Title XIX or Title XXI of the
18Social Security Act.
19     Section 3.  Subsections (13) through (40) of section
20393.063, Florida Statutes, are renumbered as subsections (14)
21through (41), respectively, subsection (9)is amended, and a new
22subsection (13) is added to that section, to read:
23     393.063  Definitions.--For the purposes of this chapter,
24the term:
25     (9)  "Developmental disability" means a disorder or
26syndrome that is attributable to retardation, cerebral palsy,
27autism, spina bifida, Down syndrome, or Prader-Willi syndrome;
28that manifests before the age of 18; and that constitutes a
29substantial handicap that can reasonably be expected to continue
30indefinitely.
31     (13)  "Down syndrome" means a genetic disorder caused by
32the presence of extra chromosomal material on chromosome 21.
33Causes of the syndrome may include Trisomy 21, Mosaicism,
34Robertsonian Translocation, and other duplications of a portion
35of 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
39Statutes, 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
42a subsection (6) is added to that section, to read:
43     409.811  Definitions relating to Florida Kidcare Act.--As
44used in ss. 409.810-409.820, the term:
45     (6)  "Autism spectrum disorder" means any of the following
46disorders as defined with most recent edition of the Diagnostic
47and Statistical Manual of Mental Disorders of the American
48Psychiatric Association:
49     1.  Autistic disorder;
50     2.  Asperger syndrome; or
51     3.  Pervasive developmental disorder not otherwise
52specified.
53     Section 5.  Subsection (7) of section 409.8132, Florida
54Statutes, is amended to read:
55     409.8132  Medikids program component.--
56     (7)  ENROLLMENT.--Enrollment in the Medikids program
57component may occur at any time throughout the year. A child may
58not receive services under the Medikids program until the child
59is enrolled in a managed care plan or MediPass. Once determined
60eligible, an applicant may receive choice counseling and select
61a managed care plan or MediPass. The agency may initiate
62mandatory assignment for a Medikids applicant who has not chosen
63a managed care plan or MediPass provider after the applicant's
64voluntary choice period ends; however, the agency shall ensure
65that family members are assigned to the same managed care plan
66or the same MediPass provider to the greatest extent possible,
67including situations in which some family members are enrolled
68in Medicaid and other family members are enrolled in a Title
69XXI-funded component of the Florida Kidcare program. An
70applicant may select MediPass under the Medikids program
71component only in counties that have fewer than two managed care
72plans available to serve Medicaid recipients and only if the
73federal Health Care Financing Administration determines that
74MediPass constitutes "health insurance coverage" as defined in
75Title XXI of the Social Security Act.
76     Section 6.  Subsection (2) of section 409.8134, Florida
77Statutes, is amended, and subsection (5) is added to that
78section, to read:
79     409.8134  Program expenditure ceiling.--
80     (2)  Open enrollment periods shall consist of:
81     (a)  Enrollment for premium assistance.--The Florida
82Kidcare program may conduct enrollment at any time throughout
83the year for the purpose of enrolling children eligible for all
84program components listed in s. 409.813 except Medicaid. The
85four Florida Kidcare administrators shall work together to
86ensure that the year-round enrollment period is announced
87statewide. Eligible children for premium assistance shall be
88enrolled on a first-come, first-served basis using the date the
89enrollment application is received. Enrollment shall immediately
90cease when the expenditure ceiling is reached. Year-round
91enrollment for premium assistance shall only be held if the
92Social Services Estimating Conference determines that sufficient
93federal and state funds will be available to finance the
94increased enrollment through federal fiscal year 2007. Any
95individual who is not enrolled must reapply by submitting a new
96application. The application for the Florida Kidcare program
97shall be valid for a period of 120 days after the date it was
98received. At the end of the 120-day period, if the applicant has
99not been enrolled in the program, the application shall be
100invalid and the applicant shall be notified of the action. The
101applicant may reactivate resubmit the application after
102notification of the action taken by the program. Except for the
103Medicaid program, whenever the Social Services Estimating
104Conference determines that there are presently, or will be by
105the end of the current fiscal year, insufficient funds to
106finance the current or projected enrollment in the Florida
107Kidcare program, all additional enrollment must cease and
108additional enrollment may not resume until sufficient funds are
109available to finance such enrollment.
110     (b)  Open enrollment without premium assistance, effective
111July 1, 2009.--
112     1.  Effective July 1, 2009, an open enrollment period for
113the Florida Healthy Kids program for those enrollees not
114eligible for premium assistance may be held once each fiscal
115year and may not exceed 30 consecutive calendar days in length.
116The timing and length of any open enrollment period shall be
117determined by the Florida Healthy Kids Corporation. Applicants
118shall be enrolled on a first come, first served basis, based
119upon the date the application was received. During the 2009-2010
120fiscal year, the effective date for new enrollees without
121premium assistance shall be October 1, 2009. However, for a
122child who has had his or her coverage in an employer-sponsored
123or private health benefit plan voluntarily canceled in the last
12490 days and who is otherwise eligible to participate without
125premium assistance the effective date of coverage shall be the
126end of the 90-day period or October 1, 2009, whichever is later.
127     2.  The following individuals are not subject to the open
128enrollment period:
129     a.  Enrollees in any Florida Kidcare program component that
130are determined to be no longer eligible under that component due
131to changes in income or age. These enrollees may transfer to the
132Healthy Kids program if such transfer is initiated within 30
133days 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
136health insurance involuntarily canceled within 30 days prior to
137submission of the application.
138     3.  Any individual who is not enrolled under this
139subsection must reapply by submitting a new application during
140the next open enrollment period. The application for the Florida
141Kidcare program without premium assistance shall be valid for
142the period of the open enrollment.
143     (5)  Effective October 1, 2009, upon determination by the
144Social Service Estimating Conference, in consultation with the
145agency and the Florida Healthy Kids Corporation, that enrollment
146of children whose family income exceeds 200 percent of the
147federal poverty level is projected to raise overall premiums per
148enrollee by greater than 5_percent of current average premiums
149in the Florida Healthy Kids plans, the board of directors of the
150Florida Healthy Kids Corporation may, with the concurrence of
151the agency, take appropriate actions to reduce the projected
152cost below the projected_5 percent increase. Actions the board
153may take may include, but are not limited to:
154     (a)  Reducing habilitative and behavior analysis benefits
155to enrollees who are receiving these services.
156     (b)  Eliminating habilitative and or behavior analysis
157services as a benefit in Healthy Kids plans for enrollees and
158providing enrollees the opportunity to purchase these benefits
159separately.
160     (c)  Increasing copayments for habilitative and behavior
161analysis services provided to nonpremium assistance enrollees.
162     (d)  Reducing benefit packages to all nonpremium assistance
163enrollees.
164     Section 7.  Paragraphs (c) and (f) of subsection (4) and
165subsections (5), (7), and (8) of section 409.814, Florida
166Statutes, are amended to read:
167     409.814  Eligibility.--A child who has not reached 19 years
168of age whose family income is equal to or below 200 percent of
169the federal poverty level is eligible for the Florida Kidcare
170program as provided in this section. For enrollment in the
171Children's Medical Services Network, a complete application
172includes the medical or behavioral health screening. If,
173subsequently, an individual is determined to be ineligible for
174coverage, he or she must immediately be disenrolled from the
175respective Florida Kidcare program component.
176     (4)  The following children are not eligible to receive
177premium assistance for health benefits coverage under the
178Florida Kidcare program, except under Medicaid if the child
179would have been eligible for Medicaid under s. 409.903 or s.
180409.904 as of June 1, 1997:
181     (c)  A child who is seeking premium assistance for the
182Florida Kidcare program through employer-sponsored group
183coverage, if the child has been covered by the same employer's
184group coverage during the 90 days 6 months prior to the family's
185submitting an application for determination of eligibility under
186the program.
187     (f)  A child who has had his or her coverage in an
188employer-sponsored or private health benefit plan voluntarily
189canceled in the last 90 days 6 months, except those children who
190were on the waiting list prior to March 12, 2004, or whose
191coverage was voluntarily canceled for good cause, including, but
192not limited to, the following circumstances:
193     1.  The cost of participation in an employer-sponsored or
194private health benefit plan is greater than 5 percent of the
195family's income;
196     2.  The parent lost a job that provided an employer-
197sponsored health benefit plan for children;
198     3.  The parent with health benefits coverage for the child
199is deceased;
200     4.  The employer of the parent canceled health benefits
201coverage for children;
202     5.  The child's health benefits coverage ended because the
203child reached the maximum lifetime coverage amount;
204     6.  The child has exhausted coverage under a COBRA
205continuation provision; or
206     7.  A situation involving domestic violence led to the loss
207of coverage.
208     (5)  A child whose family income is above 200 percent of
209the federal poverty level or a child who is excluded under the
210provisions of subsection (4) may participate in the Medikids
211program as provided in s. 409.8132 or, if the child is
212ineligible for Medikids by reason of age, in the Florida Healthy
213Kids program as provided in s. 624.91, subject to the following
214provisions:
215     (a)  The family is not eligible for premium assistance
216payments and must pay the full cost of the premium, including
217any administrative costs.
218     (b)  Effective October 1, 2009, new applicants for
219nonpremium assistance in the Medikids program shall enroll in
220the Florida Healthy Kids program component of the Florida
221Kidcare program. The agency is authorized to place limits on
222enrollment in Medikids by these children in order to avoid
223adverse selection. The number of children participating in
224Medikids whose family income exceeds 200 percent of the federal
225poverty level must not exceed 10 percent of total enrollees in
226the Medikids program.
227     (c)  The board of directors of the Florida Healthy Kids
228Corporation is authorized to place limits on enrollment of these
229children in order to avoid adverse selection. In addition, the
230board is authorized to offer a reduced benefit package to these
231children in order to limit program costs for such families. The
232number of children participating in the Florida Healthy Kids
233program whose family income exceeds 200 percent of the federal
234poverty level must not exceed 10 percent of total enrollees in
235the Florida Healthy Kids program.
236     (7)  When determining or reviewing a child's eligibility
237under the Florida Kidcare program, the applicant shall be
238provided with reasonable notice of changes in eligibility which
239may affect enrollment in one or more of the program components.
240When a transition from one program component to another is
241authorized, there shall be cooperation between the program
242components, and the affected family, the child's health
243insurance plan, and the child's health care providers to promote
244which promotes continuity of health care coverage. If a child is
245determined ineligible for Medicaid or Medikids, the agency, in
246coordination with the department, shall notify that child's
247Medicaid managed care plan or MediPass provider of such
248determination before the child's eligibility is scheduled to be
249terminated so that the Medicaid managed care plan or MediPass
250provider can assist the child's family in applying for Florida
251Kidcare program coverage. Any authorized transfers must be
252managed within the program's overall appropriated or authorized
253levels of funding. Each component of the program shall establish
254a reserve to ensure that transfers between components will be
255accomplished within current year appropriations. These reserves
256shall be reviewed by each convening of the Social Services
257Estimating Conference to determine the adequacy of such reserves
258to meet actual experience.
259     (8)  In determining the eligibility of a child for the
260Florida Kidcare program, an assets test is not required. The
261information required under this section from each applicant
262shall be obtained electronically to the extent possible. If such
263information cannot be obtained electronically, the Each
264applicant shall provide written documentation during the
265application process and the redetermination process, including,
266but not limited to, the following:
267     (a)  Proof of family income, which must include a copy of
268the applicant's most recent federal income tax return. In the
269absence of a federal income tax return, an applicant may submit
270wages and earnings statements (pay stubs), W-2 forms, or other
271appropriate documents.
272     (b)  A statement from all family members that:
273     1.  Their employer does not sponsor a health benefit plan
274for employees; or
275     2.  The potential enrollee is not covered by the employer-
276sponsored health benefit plan because the potential enrollee is
277not eligible for coverage, or, if the potential enrollee is
278eligible but not covered, a statement of the cost to enroll the
279potential enrollee in the employer-sponsored health benefit
280plan.
281
282An individual who applies for coverage under the Florida Kidcare
283program and who pays the full cost of the premium is exempt from
284the requirements of this subsection.
285     Section 8.  Paragraphs (r) through (v) of subsection (2) of
286section 409.815, Florida Statutes, are redesignated as
287paragraphs (s) through (w), respectively, present paragraphs
288(o), (r), and (u) are amended, and a new paragraph (r) is added
289to that subsection, to read:
290     409.815  Health benefits coverage; limitations.--
291     (2)  BENCHMARK BENEFITS.--In order for health benefits
292coverage to qualify for premium assistance payments for an
293eligible child under ss. 409.810-409.820, the health benefits
294coverage, except for coverage under Medicaid and Medikids, must
295include the following minimum benefits, as medically necessary.
296     (o)  Therapy services.--Covered services include
297habilitative and rehabilitative services, including
298occupational, physical, respiratory, and speech therapies, with
299the following limitations:
300     1.  Rehabilitative services are limited to:
301     a.1.  Services must be for Short-term rehabilitation when
302where significant improvement in the enrollee's condition will
303result; and
304     b.2.  Services shall be limited to Not more than 24
305treatment sessions within a 60-day period per episode or injury,
306with the 60-day period beginning with the first treatment.
307     2.  Effective October 1, 2009, habilitative services shall
308be offered and are limited to:
309     a.  Habilitation when improvements in and maintenance of
310human behavior, skill acquisition, and communication will
311result; and
312     b.  Enrollees that are diagnosed with a developmental
313disability as defined in s. 393.063 or autism spectrum disorder.
314     (r)  Behavior analysis services.--Effective October 1,
3152009, behavior analysis and behavior assistant services shall be
316covered for enrollees that are diagnosed with a developmental
317disability as defined in s. 393.063 or autism spectrum disorder.
318For purposes of this paragraph:
319     1.  "Behavior analysis" means the design, implementation,
320and evaluation of instructional and environmental modifications
321to produce socially significant improvements in human behavior
322through skill acquisition and the reduction of problematic
323behavior. Applied behavior analysis shall be provided by an
324individual certified pursuant to s. 393.17 or an individual
325licensed under chapter 490 or chapter 491.
326     2.  "Behavior assistant services" means services provided
327by an individual with specific training to assist in carrying
328out plans designed by a behavior analyst.
329     (s)(r)  Lifetime maximum and limitations.--Health benefits
330coverage obtained under ss. 409.810-409.820 shall pay an
331enrollee's covered expenses at a lifetime maximum of $1 million
332per covered child. However, coverage for the combination of
333behavior analysis services and habilitative therapy services for
334recipients diagnosed with a developmental disability as defined
335in s. 393.063 or autism spectrum disorder shall be limited to
336$36,000 annually and may not exceed $108,000 in total lifetime
337benefits. Without prior authorization by the Florida Healthy
338Kids plan, not more than 12 percent of the annual maximum amount
339for combined habilitative therapy and behavior analysis services
340may be used on a monthly basis.
341     (v)(u)  Enhancements to minimum requirements.--
342     1.  This section sets the minimum benefits that must be
343included in any health benefits coverage, other than Medicaid or
344Medikids coverage, offered under ss. 409.810-409.820. Health
345benefits coverage may include additional benefits not included
346under this subsection, but may not include benefits excluded
347under paragraph (t) (s).
348     2.  Health benefits coverage may extend any limitations
349beyond the minimum benefits described in this section.
350
351Except for the Children's Medical Services Network, the agency
352may not increase the premium assistance payment for either
353additional benefits provided beyond the minimum benefits
354described in this section or the imposition of less restrictive
355service limitations.
356     Section 9.  Paragraph (b) of subsection (1) of section
357409.818, Florida Statutes, is amended to read:
358     409.818  Administration.--In order to implement ss.
359409.810-409.820, the following agencies shall have the following
360duties:
361     (1)  The Department of Children and Family Services shall:
362     (b)  Establish and maintain the eligibility determination
363process under the program except as specified in subsection (5).
364The department shall directly, or through the services of a
365contracted third-party administrator, establish and maintain a
366process for determining eligibility of children for coverage
367under the program. The eligibility determination process must be
368used solely for determining eligibility of applicants for health
369benefits coverage under the program. The eligibility
370determination process must include an initial determination of
371eligibility for any coverage offered under the program, as well
372as a redetermination or reverification of eligibility each
373subsequent 12 6 months. Effective January 1, 1999, a child who
374has not attained the age of 5 and who has been determined
375eligible for the Medicaid program is eligible for coverage for
37612 months without a redetermination or reverification of
377eligibility. In conducting an eligibility determination, the
378department shall determine if the child has special health care
379needs. The department, in consultation with the Agency for
380Health Care Administration and the Florida Healthy Kids
381Corporation, shall develop procedures for redetermining
382eligibility which enable a family to easily update any change in
383circumstances which could affect eligibility. The department may
384accept changes in a family's status as reported to the
385department by the Florida Healthy Kids Corporation without
386requiring a new application from the family. Redetermination of
387a child's eligibility for Medicaid may not be linked to a
388child's eligibility determination for other programs.
389     Section 10.  Subsection (26) is added to section 409.906,
390Florida Statutes, to read:
391     409.906  Optional Medicaid services.--Subject to specific
392appropriations, the agency may make payments for services which
393are optional to the state under Title XIX of the Social Security
394Act and are furnished by Medicaid providers to recipients who
395are determined to be eligible on the dates on which the services
396were provided. Any optional service that is provided shall be
397provided only when medically necessary and in accordance with
398state and federal law. Optional services rendered by providers
399in mobile units to Medicaid recipients may be restricted or
400prohibited by the agency. Nothing in this section shall be
401construed to prevent or limit the agency from adjusting fees,
402reimbursement rates, lengths of stay, number of visits, or
403number of services, or making any other adjustments necessary to
404comply with the availability of moneys and any limitations or
405directions provided for in the General Appropriations Act or
406chapter 216. If necessary to safeguard the state's systems of
407providing services to elderly and disabled persons and subject
408to the notice and review provisions of s. 216.177, the Governor
409may direct the Agency for Health Care Administration to amend
410the Medicaid state plan to delete the optional Medicaid service
411known as "Intermediate Care Facilities for the Developmentally
412Disabled." Optional services may include:
413     (26)  HOME AND COMMUNITY-BASED SERVICES FOR AUTISM SPECTRUM
414DISORDER AND OTHER DEVELOPMENTAL DISABILITIES.--The agency is
415authorized to seek federal approval through a Medicaid waiver or
416a state plan amendment for the provision of occupational
417therapy, speech therapy, physical therapy, behavior analysis,
418and behavior assistant services to individuals who are 5 years
419of age and under and have a diagnosed developmental disability
420as defined in s. 393.063 or autism spectrum disorder as defined
421in s. 409.811. Coverage for such services shall be limited to
422$36,000 annually and may not exceed $108,000 in total lifetime
423benefits. The agency shall submit an annual report beginning on
424January 1, 2009, to the President of the Senate, the Speaker of
425the House of Representatives, and the relevant committees of the
426Senate and the House of Representatives regarding progress on
427obtaining federal approval and recommendations for the
428implementation of these home and community-based services. The
429agency may not implement this subsection without prior
430legislative approval.
431     Section 11.  Paragraph (e) of subsection (5) of section
432411.01, Florida Statutes, is amended to read:
433     411.01  School readiness programs; early learning
434coalitions.--
435     (5)  CREATION OF EARLY LEARNING COALITIONS.--
436     (e)  Requests for proposals; payment schedule.--
437     1.  Each early learning coalition must comply with s.
438287.057 for the procurement of commodities or contractual
439services from the funds described in paragraph (9)(d). The
440period of a contract for purchase of these commodities or
441contractual services, together with any renewal of the original
442contract, may not exceed 3 years.
443     2.  Each early learning coalition shall adopt a payment
444schedule that encompasses all programs funded by the coalition
445under this section. The payment schedule must take into
446consideration the relevant market rate, must include the
447projected number of children to be served, may include quality
448related payments authorized by the Federal Government, and must
449be submitted for approval by the Agency for Workforce
450Innovation. Informal child care arrangements shall be reimbursed
451at not more than 50 percent of the rate developed for a family
452day care home.
453     Section 12.  Section 456.0291, Florida Statutes, is created
454to read:
455     456.0291  Requirement for instruction on developmental
456disabilities.--
457     (1)(a)  The appropriate board shall require each person
458licensed or certified under part I of chapter 464, chapter 490,
459or chapter 491 to complete a 2-hour continuing education course,
460approved by the board, on developmental disabilities, as defined
461in s. 393.063, with the addition of autism spectrum disorder, as
462defined in s. 409.811, as part of every third biennial
463relicensure or recertification. The course shall consist of
464information on the diagnosis and treatment of developmental
465disabilities and information on counseling and education of a
466parent whose child is diagnosed with a developmental disability,
467with an emphasis on autism spectrum disorder, as defined in s.
468409.811.
469     (b)  The Board of Medicine and the Board of Osteopathic
470Medicine shall require each physician with a primary care
471specialty of pediatrics to complete a 2-hour continuing
472education course, approved by the appropriate board, on
473developmental disabilities, as defined in s. 393.063, with the
474addition of autism spectrum disorder, as defined in s. 409.811,
475as part of every third biennial relicensure. The course shall
476consist of information on the diagnosis and treatment of
477developmental disabilities and information on counseling and
478education of a parent whose child is diagnosed with a
479developmental disability, with an emphasis on autism spectrum
480disorder, as defined in s. 409.811.
481     (c)  Each such licensee or certificateholder shall submit
482confirmation of having completed the course, on a form provided
483by the board, when submitting fees for every third biennial
484renewal.
485     (d)  The board may approve additional equivalent courses
486that may be used to satisfy the requirements of paragraph (a).
487Each licensing board that requires a licensee to complete an
488educational course pursuant to this subsection may include the
489hours required for completion of the course in the total hours
490of continuing education required by law for such profession
491unless the continuing education requirements for such profession
492consist of fewer than 30 hours biennially.
493     (e)  Any person holding two or more licenses subject to the
494provisions of this subsection shall be permitted to show proof
495of having taken one board-approved course on developmental
496disabilities for purposes of relicensure or recertification for
497additional licenses.
498     (f)  Failure to comply with the requirements of this
499subsection shall constitute grounds for disciplinary action
500under each respective practice act and under s. 456.072(1)(k).
501In addition to discipline by the board, the licensee shall be
502required to complete such course.
503     (2)  Each board may adopt rules pursuant to ss. 120.536(1)
504and 120.54 to carry out the provisions of this section.
505     (3)  The department shall implement a plan to promote
506awareness of developmental disabilities, with a focus on autism
507spectrum disorder, as defined in s. 409.811, to physicians
508licensed under chapter 458 or chapter 459 and parents. The
509department shall develop the plan in consultation with
510organizations representing allopathic and osteopathic
511physicians, the Board of Medicine, the Board of Osteopathic
512Medicine, and nationally recognized organizations that promote
513awareness of developmental disabilities. The department's plan
514shall include the distribution of educational materials for
515parents, 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
518amended 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
522Healthy Kids Corporation serve as one of several providers of
523services to children eligible for medical assistance under Title
524XXI of the Social Security Act. Although the corporation may
525serve other children, the Legislature intends the primary
526recipients of services provided through the corporation be
527school-age children with a family income below 200 percent of
528the federal poverty level, who do not qualify for Medicaid. It
529is also the intent of the Legislature that state and local
530government Florida Healthy Kids funds be used to continue
531coverage, subject to specific appropriations in the General
532Appropriations Act, to children not eligible for federal
533matching 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
537contributions, or employer payment or premium, in an amount to
538be determined by the board of directors, to provide for payment
539of premiums for comprehensive insurance coverage and for the
540actual or estimated administrative expenses.
541     2.  Arrange for the collection of any voluntary
542contributions to provide for payment of premiums for children
543who are not eligible for medical assistance under Title XXI of
544the Social Security Act.
545     3.  Subject to the provisions of s. 409.8134, accept
546voluntary supplemental local match contributions that comply
547with the requirements of Title XXI of the Social Security Act
548for the purpose of providing additional coverage in contributing
549counties under Title XXI.
550     4.  Establish the administrative and accounting procedures
551for the operation of the corporation.
552     5.  Establish, with consultation from appropriate
553professional organizations, standards for preventive health
554services and providers and comprehensive insurance benefits
555appropriate to children, provided that such standards for rural
556areas shall not limit primary care providers to board-certified
557pediatricians.
558     6.  Determine eligibility for children seeking to
559participate in the Title XXI-funded components of the Florida
560Kidcare program consistent with the requirements specified in s.
561409.814, as well as the non-Title-XXI-eligible children as
562provided in subsection (3).
563     7.  Establish procedures under which providers of local
564match to, applicants to and participants in the program may have
565grievances reviewed by an impartial body and reported to the
566board of directors of the corporation.
567     8.  Establish participation criteria and, if appropriate,
568contract with an authorized insurer, health maintenance
569organization, or third-party administrator to provide
570administrative services to the corporation.
571     9.  Establish enrollment criteria which shall include
572penalties or waiting periods of not fewer than 60 days for
573reinstatement of coverage upon voluntary cancellation for
574nonpayment of family premiums.
575     10.  Contract with authorized insurers or any provider of
576health care services, meeting standards established by the
577corporation, for the provision of comprehensive insurance
578coverage to participants. Such standards shall include criteria
579under which the corporation may contract with more than one
580provider of health care services in program sites. Health plans
581shall be selected through a competitive bid process. The Florida
582Healthy Kids Corporation shall purchase goods and services in
583the most cost-effective manner consistent with the delivery of
584quality medical care. The maximum administrative cost for a
585Florida Healthy Kids Corporation contract shall be 15 percent.
586For health care contracts, the minimum medical loss ratio for a
587Florida Healthy Kids Corporation contract shall be 85 percent.
588For dental contracts, the remaining compensation to be paid to
589the authorized insurer or provider under a Florida Healthy Kids
590Corporation contract shall be no less than an amount which is 85
591percent of premium; to the extent any contract provision does
592not provide for this minimum compensation, this section shall
593prevail. The health plan selection criteria and scoring system,
594and the scoring results, shall be available upon request for
595inspection after the bids have been awarded.
596     11.  Establish disenrollment criteria in the event local
597matching funds are insufficient to cover enrollments.
598     12.  Develop and implement a plan to publicize the Florida
599Kidcare program Healthy Kids Corporation, the eligibility
600requirements of the program, and the procedures for enrollment
601in the program and to maintain public awareness of the
602corporation and the program. Health care and dental health plans
603participating in the program may develop and distribute
604marketing and other promotional materials and participate in
605activities, such as health fairs and public events, as approved
606by the corporation. Health care and dental health plans may also
607contact their current and former enrollees to encourage
608continued participation in the program and assist the enrollee
609in transferring from a Title XIX-funded plan to a Title XXI-
610funded plan.
611     13.  Establish an assignment process for Florida Healthy
612Kids program enrollees to ensure that family members are
613assigned to the same managed care plan to the greatest extent
614possible, including situations in which some family members are
615enrolled in a Medicaid managed care plan and other family
616members are enrolled in a Florida Healthy Kids plan. The Agency
617for Health Care Administration shall consult with the
618corporation to implement this subparagraph.
619     14.13.  Secure staff necessary to properly administer the
620corporation. Staff costs shall be funded from state and local
621matching funds and such other private or public funds as become
622available. The board of directors shall determine the number of
623staff members necessary to administer the corporation.
624     15.14.  Provide a report annually to the Governor, Chief
625Financial Officer, Commissioner of Education, Senate President,
626Speaker of the House of Representatives, and Minority Leaders of
627the Senate and the House of Representatives.
628     16.  Provide a report by October 31, 2008, to the Governor,
629the Senate, and the House of Representatives, which includes an
630actuarial analysis of the projected impact on premiums from the
631addition of habilitative and behavior analysis services in
632accordance with s. 409.815.
633     17.  Provide information on a quarterly basis to the
634Governor, the Senate, and the House of Representatives that
635assesses the cost and utilization of services for the Florida
636Healthy Kids health benefits plans provided through the Florida
637Healthy Kids Corporation. The information must be specific to
638each eligibility component of the plan and, at a minimum,
639include:
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
643following implementation of the Window of Opportunity Act.
644     d.  An analysis of trends regarding transfer of enrollees
645from the Florida Healthy Kids plans to the Children's Medical
646Services Network plan.
647     e.  Any recommendations resulting from the analysis
648conducted under this subparagraph.
649     18.15.  Establish benefit packages which conform to the
650provisions of the Florida Kidcare program, as created in ss.
651409.810-409.820.
652     Section 14.  Section 624.916, Florida Statutes, is created
653to read:
654     624.916  Developmental disabilities compact.--
655     (1)  The Office of Insurance Regulation shall convene a
656workgroup by August 31, 2008, for the purpose of negotiating a
657compact that includes a binding agreement among the participants
658relating to insurance and access to services for persons with
659developmental disabilities as defined in s. 393.063, with the
660addition of autism spectrum disorder, as defined in s. 409.811.
661The workgroup shall consist of the following:
662     (a)  Representatives of all health insurers licensed under
663this chapter.
664     (b)  Representatives of all health maintenance
665organizations licensed under part I of chapter 641.
666     (c)  Representatives of employers with self-insured health
667benefit plans.
668     (d)  Two designees of the Governor, one of whom must be a
669consumer advocate.
670     (e)  A designee of the President of the Senate.
671     (f)  A designee of the Speaker of the House of
672Representatives.
673     (2)  The Office of Insurance Regulation shall convene a
674consumer advisory workgroup for the purpose of providing a forum
675for comment on the compact negotiated in subsection (1). The
676office shall convene the workgroup prior to finalization of the
677compact.
678     (3)  The agreement shall include the following components:
679     (a)  A requirement that each signatory to the agreement
680increase coverage for behavior analysis and behavior assistant
681services as defined in s. 409.815(2)(r) and speech therapy,
682physical therapy, and occupational therapy when medically
683necessary due to the presence of a developmental disability as
684defined in s. 393.063 or autism spectrum disorder, as defined in
685s. 409.811.
686     (b)  Procedures for clear and specific notice to
687policyholders identifying the amount, scope, and conditions
688under which coverage is provided for behavior analysis and
689behavior assistant services as defined in s. 409.815(2)(r) and
690speech therapy, physical therapy, and occupational therapy when
691medically necessary due to the presence of a developmental
692disability as defined in s. 393.063 or autism spectrum disorder,
693as defined in s. 409.811.
694     (c)  Penalties for documented cases of denial of claims for
695medically necessary services due to the presence of a
696developmental disability as defined in s. 393.063 or autism
697spectrum disorder, as defined in s. 409.811.
698     (d)  Proposals for new product lines that may be offered in
699conjunction with traditional health insurance and provide a more
700appropriate means of spreading risk, financing costs, and
701accessing favorable prices.
702     (4)  Upon completion of the negotiations for the compact,
703the office shall report the results to the Governor, the
704President of the Senate, and the Speaker of the House of
705Representatives.
706     (5)  Beginning February 15, 2009, and continuing annually
707thereafter, the Office of Insurance Regulation shall provide a
708report to the Governor, the President of the Senate, and the
709Speaker of the House of Representatives regarding the
710implementation of the agreement negotiated under this section.
711The report shall include:
712     (a)  The signatories to the agreement.
713     (b)  An analysis of the coverage provided under the
714agreement in comparison to the coverage required under ss.
715627.6686 and 641.31098.
716     (c)  An analysis of the compliance with the agreement by
717the signatories, including documented cases of claims denied in
718violation of the agreement.
719     (6)  The Office of Insurance Regulation shall continue to
720monitor participation, compliance, and effectiveness of the
721agreement and report its findings at least annually.
722     Section 15.  Section 627.6686, Florida Statutes, is created
723to read:
724     627.6686  Coverage for individuals with developmental
725disabilities required; exception.--
726     (1)  As used in this section, the term:
727     (a)  "Developmental disability" has the same meaning as
728provided in s. 393.063, with the addition of autism spectrum
729disorder, as defined in s. 409.811.
730     (b)  "Eligible individual" means an individual under 18
731years of age or an individual 18 years of age or older who is in
732high school who has been diagnosed as having a developmental
733disability at 8 years of age or younger.
734     (c)  "Health insurance plan" means a group health insurance
735policy or group health benefit plan offered by an insurer which
736includes the state group insurance program provided under s.
737110.123. The term does not include any health insurance plan
738offered in the individual market, any health insurance plan that
739is individually underwritten, or any health insurance plan
740provided to a small employer.
741     (d)  "Insurer" means an insurer providing health insurance
742coverage, which is licensed to engage in the business of
743insurance in this state and is subject to insurance regulation.
744     (2)  A health insurance plan issued or renewed on or after
745July 1, 2009, shall provide coverage to an eligible individual
746for:
747     (a)  Well-baby and well-child screening for diagnosing the
748presence of a developmental disability.
749     (b)  Treatment of a developmental disability through speech
750therapy, occupational therapy, physical therapy, and behavior
751analysis services. Behavior analysis services shall be provided
752by an individual certified pursuant to s. 393.17 or an
753individual licensed under chapter 490 or chapter 491.
754     (3)  The coverage required pursuant to subsection (2) is
755subject to the following requirements:
756     (a)  Coverage shall be limited to treatment that is
757prescribed by the insured's treating physician in accordance
758with a treatment plan.
759     (b)  Coverage for the services described in subsection (2)
760shall be limited to $36,000 annually and may not exceed $108,000
761in total lifetime benefits.
762     (c)  Coverage may not be denied on the basis that provided
763services are habilitative in nature.
764     (d)  Coverage may be subject to other general exclusions
765and limitations of the insurer's policy or plan, including, but
766not limited to, coordination of benefits, participating provider
767requirements, restrictions on services provided by family or
768household members, and utilization review of health care
769services, including the review of medical necessity, case
770management, and other managed care provisions.
771     (4)  The coverage required pursuant to subsection (2) may
772not be subject to dollar limits, deductibles, or coinsurance
773provisions that are less favorable to an insured than the dollar
774limits, deductibles, or coinsurance provisions that apply to
775physical illnesses that are generally covered under the health
776insurance plan, except as otherwise provided in subsection (3).
777     (5)  An insurer may not deny or refuse to issue coverage
778for medically necessary services, refuse to contract with, or
779refuse to renew or reissue or otherwise terminate or restrict
780coverage for an individual because the individual is diagnosed
781as having a developmental disability.
782     (6)  The treatment plan required pursuant to subsection (3)
783shall include all elements necessary for the health insurance
784plan to appropriately pay claims. These elements include, but
785are not limited to, a diagnosis, the proposed treatment by type,
786the frequency and duration of treatment, the anticipated
787outcomes stated as goals, the frequency with which the treatment
788plan will be updated, and the signature of the treating
789physician.
790     (7)  Beginning January 1, 2011, the maximum benefit under
791paragraph (3)(b) shall be adjusted annually on January 1 of each
792calendar year to reflect any change from the previous year in
793the medical component of the then current Consumer Price Index
794for all urban consumers, published by the Bureau of Labor
795Statistics of the United States Department of Labor.
796     (8)  This section may not be construed as limiting benefits
797and coverage otherwise available to an insured under a health
798insurance plan.
799     (9)  The Office of Insurance Regulation may not enforce
800this section against an insurer that is a signatory no later
801than July 1, 2009, to the developmental disabilities compact
802established under s. 624.916. The Office of Insurance Regulation
803shall enforce this section against an insurer that is a
804signatory to the compact established under s. 624.916 if the
805insurer has not complied with the terms of the compact for all
806health insurance plans by July 1, 2010.
807     Section 16.  Section 641.31098, Florida Statutes, is
808created to read:
809     641.31098  Coverage for individuals with developmental
810disabilities.--
811     (1)  As used in this section, the term:
812     (a)  "Developmental disability" has the same meaning as
813provided in s. 393.063, with the addition of autism spectrum
814disorder, as defined in s. 409.811.
815     (b)  "Eligible individual" means an individual under 18
816years of age or an individual 18 years of age or older who is in
817high school who has been diagnosed as having a developmental
818disability at 8 years of age or younger.
819     (c)  "Health maintenance contract" means a group health
820maintenance contract offered by a health maintenance
821organization. This term does not include a health maintenance
822contract offered in the individual market, a health maintenance
823contract that is individually underwritten, or a health
824maintenance contract provided to a small employer.
825     (2)  A health maintenance contract issued or renewed on or
826after July 1, 2009, shall provide coverage to an eligible
827individual for:
828     (a)  Well-baby and well-child screening for diagnosing the
829presence of a developmental disability.
830     (b)  Treatment of a developmental disability through speech
831therapy, occupational therapy, physical therapy, and behavior
832analysis services. Behavior analysis services shall be provided
833by an individual certified pursuant to s. 393.17 or an
834individual licensed under chapter 490 or chapter 491.
835     (3)  The coverage required pursuant to subsection (2) is
836subject to the following requirements:
837     (a)  Coverage shall be limited to treatment that is
838prescribed by the subscriber's treating physician in accordance
839with a treatment plan.
840     (b)  Coverage for the services described in subsection (2)
841shall be limited to $36,000 annually and may not exceed $108,000
842in total benefits.
843     (c)  Coverage may not be denied on the basis that provided
844services are habilitative in nature.
845     (d)  Coverage may be subject to general exclusions and
846limitations of the subscriber's contract, including, but not
847limited to, coordination of benefits, participating provider
848requirements, and utilization review of health care services,
849including the review of medical necessity, case management, and
850other managed care provisions.
851     (4)  The coverage required pursuant to subsection (2) may
852not be subject to dollar limits, deductibles, or coinsurance
853provisions that are less favorable to a subscriber than the
854dollar limits, deductibles, or coinsurance provisions that apply
855to physical illnesses that are generally covered under the
856subscriber's contract, except as otherwise provided in
857subsection (3).
858     (5)  A health maintenance organization may not deny or
859refuse to issue coverage for medically necessary services,
860refuse to contract with, or refuse to renew or reissue or
861otherwise terminate or restrict coverage for an individual
862solely because the individual is diagnosed as having a
863developmental disability.
864     (6)  The treatment plan required pursuant to subsection (3)
865shall include, but is not limited to, a diagnosis, the proposed
866treatment by type, the frequency and duration of treatment, the
867anticipated outcomes stated as goals, the frequency with which
868the treatment plan will be updated, and the signature of the
869treating physician.
870     (7)  Beginning January 1, 2011, the maximum benefit under
871paragraph (3)(b) shall be adjusted annually on January 1 of each
872calendar year to reflect any change from the previous year in
873the medical component of the then current Consumer Price Index
874for all urban consumers, published by the Bureau of Labor
875Statistics of the United States Department of Labor.
876     (8)  The Office of Insurance Regulation may not enforce
877this section against a health maintenance organization that is a
878signatory no later than July 1, 2009, to the developmental
879disabilities compact established under s. 624.916. The Office of
880Insurance Regulation shall enforce this section against a health
881maintenance organization that is a signatory to the compact
882established under s. 624.916 if the health maintenance
883organization has not complied with the terms of the compact for
884all health maintenance contracts by July 1, 2010.
885     Section 17.  Subsections (1), (2), and (3), paragraph (a)
886of subsection (4), paragraph (d) of subsection (8), and
887paragraphs (a), (c), and (d) of subsection (10) of section
8881002.39, Florida Statutes, are amended, subsections (11), (12),
889and (13) are renumbered as subsections (13), (14), and (15),
890respectively, and new subsections (11) and (12) are added to
891that section, to read:
892     1002.39  The John M. McKay Scholarships for Students with
893Disabilities Program.--There is established a program that is
894separate and distinct from the Opportunity Scholarship Program
895and is named the John M. McKay Scholarships for Students with
896Disabilities Program.
897     (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
898DISABILITIES PROGRAM.--The John M. McKay Scholarships for
899Students with Disabilities Program is established to provide the
900option to attend a public school other than the one to which
901assigned, or to provide a scholarship to a private school of
902choice, for students with disabilities for whom an individual
903educational education plan has been written in accordance with
904rules of the State Board of Education. Students with
905disabilities include K-12 students who are documented as having
906an intellectual disability a mental handicap, including
907trainable, profound, or educable; a speech impairment; a or
908language impairment; a hearing impairment, including deafness; a
909visual impairment, including blindness; a dual sensory
910impairment; an orthopedic a physical impairment or other health
911impairment; a serious emotional disturbance, including an
912emotional or behavioral disability handicap; a specific learning
913disability, including, but not limited to, dyslexia,
914dyscalculia, or developmental aphasia; a traumatic brain injury;
915a developmental delay; or autism spectrum disorder.
916     (2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
917a public school student with a disability who is dissatisfied
918with the student's progress may request and receive from the
919state a John M. McKay Scholarship for the child to enroll in and
920attend a private school in accordance with this section if:
921     (a)  The student has either:
922     1.  Received early intervention services under the
923Voluntary Prekindergarten Education Program pursuant to s.
9241002.66 during the previous school year; or
925     2.  Spent the prior school year in attendance at a Florida
926public school or the Florida School for the Deaf and the Blind.
927For purposes of this subparagraph, prior school year in
928attendance means that the student was:
929     1.  enrolled and reported by:
930     a.  A school district for funding during the preceding
931October and February Florida Education Finance Program surveys
932in kindergarten through grade 12, which shall include time spent
933in a Department of Juvenile Justice commitment program if funded
934under the Florida Education Finance Program;
935     b.2.  Enrolled and reported by The Florida School for the
936Deaf and the Blind during the preceding October and February
937student membership surveys in kindergarten through grade 12; or
938     c.3.  Enrolled and reported by A school district for
939funding during the preceding October and February Florida
940Education Finance Program surveys, was at least 4 years old when
941so enrolled and reported, and was eligible for services under s.
9421003.21(1)(e).
943
944However, a dependent child of a member of the United States
945Armed Forces who transfers to a school in this state from out of
946state or from a foreign country pursuant to a parent's permanent
947change of station orders is exempt from this paragraph but must
948meet all other eligibility requirements to participate in the
949program.
950     (b)  The parent has obtained acceptance for admission of
951the student to a private school that is eligible for the program
952under subsection (8) and has requested from the department a
953scholarship at least 60 days prior to the date of the first
954scholarship payment. The request must be through a communication
955directly to the department in a manner that creates a written or
956electronic record of the request and the date of receipt of the
957request. The Department of Education must notify the district of
958the parent's intent upon receipt of the parent's request.
959     (3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
960not eligible for a John M. McKay Scholarship while he or she is:
961     (a)  Enrolled in a school operating for the purpose of
962providing educational services to youth in Department of
963Juvenile Justice commitment programs;
964     (b)  Receiving a corporate income tax credit scholarship
965under s. 220.187;
966     (c)  Receiving an educational scholarship pursuant to this
967chapter;
968     (d)  Participating in a home education program as defined
969in s. 1002.01(1);
970     (e)  Participating in a private tutoring program pursuant
971to s. 1002.43;
972     (f)  Participating in a virtual school, correspondence
973school, or distance learning program that receives state funding
974pursuant to the student's participation unless the participation
975is limited to no more than two courses per school year;
976     (g)  Enrolled in the Florida School for the Deaf and the
977Blind; or
978     (h)  Not having regular and direct contact with his or her
979private school teachers at the school's physical location,
980except as provided in subsection (11).
981     (4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
982     (a)  For purposes of continuity of educational choice, a
983John M. McKay Scholarship shall remain in force until the
984student enrolls in returns to a public school, graduates from
985high school, or reaches the age of 22, whichever occurs first.
986     (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
987eligible to participate in the John M. McKay Scholarships for
988Students with Disabilities Program, a private school may be
989sectarian or nonsectarian and must:
990     (d)  Maintain in this state a physical location where a
991scholarship student regularly attends classes or where it
992provides case management services under subsection (11).
993
994The inability of a private school to meet the requirements of
995this subsection shall constitute a basis for the ineligibility
996of the private school to participate in the scholarship program
997as determined by the department.
998     (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
999     (a)1.  The maximum scholarship granted for an eligible
1000student with disabilities shall be a calculated amount
1001equivalent to the base student allocation in the Florida
1002Education Finance Program multiplied by the appropriate cost
1003factor for the educational program that would have been provided
1004for the student in the district school to which he or she was
1005assigned, multiplied by the district cost differential.
1006     2.  In addition, a share of the guaranteed allocation for
1007exceptional students shall be determined and added to the
1008calculated amount. The calculation shall be based on the
1009methodology and the data used to calculate the guaranteed
1010allocation for exceptional students for each district in chapter
10112000-166, Laws of Florida. Except as provided in subparagraphs
10123. and 4., the calculation shall be based on the student's
1013grade, matrix level of services, and the difference between the
10142000-2001 basic program and the appropriate level of services
1015cost factor, multiplied by the 2000-2001 base student allocation
1016and the 2000-2001 district cost differential for the sending
1017district. Also, the calculated amount shall include the per-
1018student share of supplemental academic instruction funds,
1019instructional materials funds, technology funds, and other
1020categorical funds as provided for such purposes in the General
1021Appropriations Act.
1022     3.  The calculated scholarship amount for a student who is
1023eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
1024shall be calculated as provided in subparagraphs 1. and 2.
1025However, the calculation shall be based on the school district
1026in which the parent resides at the time of the scholarship
1027request.
1028     4.  Until the school district completes the matrix required
1029by paragraph (5)(b), the calculation shall be based on the
1030matrix that assigns the student to support level I of service as
1031it existed prior to the 2000-2001 school year. When the school
1032district completes the matrix, the amount of the payment shall
1033be adjusted as needed.
1034     (c)1.  The school district shall report all students who
1035are attending a private school under this program. The students
1036with disabilities attending private schools on John M. McKay
1037Scholarships shall be reported separately from other students
1038reported for purposes of the Florida Education Finance Program.
1039     2.  For program participants who are eligible under sub-
1040subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
1041district that is used as the basis for the calculation of the
1042scholarship amount as provided in subparagraph (a)3. shall:
1043     a.  Report to the department all such students who are
1044attending a private school under this program.
1045     b.  Be held harmless for such students from the weighted
1046enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
1047during the first school year in which the students are reported.
1048     (d)  Following notification on July 1, September 1,
1049December 1, or February 1 of the number of program participants,
1050the department shall transfer, from General Revenue funds only,
1051the amount calculated under paragraph (b) from the school
1052district's total funding entitlement under the Florida Education
1053Finance Program and from authorized categorical accounts to a
1054separate account for the scholarship program for quarterly
1055disbursement to the parents of participating students. Funds may
1056not be transferred from any funding provided to the Florida
1057School for the Deaf and the Blind for program participants who
1058are eligible under sub-subparagraph (2)(a)2.b. subparagraph
1059(2)(a)2. For a student exiting a Department of Juvenile Justice
1060commitment program who chooses to participate in the scholarship
1061program, the amount of the John M. McKay Scholarship calculated
1062pursuant to paragraph (b) shall be transferred from the school
1063district in which the student last attended a public school
1064prior to commitment to the Department of Juvenile Justice. When
1065a student enters the scholarship program, the department must
1066receive all documentation required for the student's
1067participation, including the private school's and student's fee
1068schedules, at least 30 days before the first quarterly
1069scholarship payment is made for the student.
1070     (11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
1071student eligible for a scholarship under this section may
1072receive regular and direct instruction and services from a
1073private school at a site other than the school's physical
1074location if the following criteria are met:
1075     (a)  The student's parent provides a notarized statement
1076from the medical doctor or psychologist treating the student's
1077disability which certifies that the student's welfare or the
1078welfare of other students in the classroom will be jeopardized
1079if the student is required to regularly attend class at the
1080school's physical location. Such notarized statement must be:
1081     1.  Annually provided to the department at least 60 days
1082prior to the date of the first scholarship payment for each
1083school year.
1084     2.  Based on an annual review of the student's disability
1085by 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
1088coordinates and monitors the student's instruction and services,
1089reviews and maintains the documentation submitted under
1090subparagraph 2., and provides the student's parent and private
1091school with monthly reports on the student's progress.
1092     2.  Requires private school employees or contracted
1093personnel who provide regular and direct instruction or services
1094to a student at a site other than the private school's physical
1095location to submit to the case manager documentation of the
1096instruction, services, and progress of the student.
1097     3.  Notifies the department of each student subject to this
1098subsection.
1099     (12)  RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who
1100received a scholarship under this section in the 2005-2006
1101school year, but who was unable to receive a scholarship in the
11022006-2007 school year due to the regular and direct contact
1103requirement in paragraph (3)(h), is eligible for a scholarship
1104in the 2008-2009 school year if the student:
1105     (a)  Demonstrates that he or she would have met the
1106criteria of paragraph (11)(a) at the time of his or her 2006-
11072007 scholarship.
1108     (b)  Satisfies the requirements for a scholarship under
1109this section other than the prior school year attendance
1110requirement in paragraph (2)(a).
1111     Section 18.  Subsections (2) through (5) of section
11121002.51, Florida Statutes, are renumbered as subsections (3)
1113through (6), respectively, and a new subsection (2) is added to
1114that section to read:
1115     1002.51  Definitions.--As used in this part, the term:
1116     (2)  "Early intervention service provider" means a provider
1117delivering early intervention services under s. 1002.66.
1118     Section 19.  Subsections (1) and (3) of section 1002.53,
1119Florida Statutes, are amended to read:
1120     1002.53  Voluntary Prekindergarten Education Program;
1121eligibility and enrollment.--
1122     (1)  There is created the Voluntary Prekindergarten
1123Education Program, which. The program shall take effect in each
1124county at the beginning of the 2005-2006 school year and shall
1125be organized, designed, and delivered in accordance with s. 1(b)
1126and (c), Art. IX of the State Constitution.
1127     (3)  The parent of each child eligible under subsection (2)
1128may enroll the child in one of the following programs:
1129     (a)  A school-year prekindergarten program delivered by a
1130private prekindergarten provider under s. 1002.55;
1131     (b)  A summer prekindergarten program delivered by a public
1132school or private prekindergarten provider under s. 1002.61; or
1133     (c)  A school-year prekindergarten program delivered by a
1134public school, if offered by a school district that is eligible
1135under s. 1002.63; or
1136     (d)  Beginning with the 2010-2011 school year, a
1137prekindergarten program of early intervention services, if the
1138child is eligible for the program under s. 1002.66.
1139
1140Except as provided in s. 1002.71(4), a child may not enroll in
1141more than one of these programs.
1142     Section 20.  Section 1002.66, Florida Statutes, is created
1143to read:
1144     1002.66  Prekindergarten program of early intervention
1145services.--
1146     (1)  Beginning with the 2010-2011 school year, a child who
1147enrolls with the early learning coalition under s. 1002.53(3)(d)
1148is eligible for a prekindergarten program of early intervention
1149services if:
1150     (a)  The child is eligible for the Voluntary
1151Prekindergarten Education Program under s. 1002.53(2); and
1152     (b)  A current individual educational plan has been
1153developed for the child in accordance with State Board of
1154Education rule and the plan indicates the child's need for
1155multiple and intensive services, delivered weekly or daily, to
1156address the child's development of the following skills:
1157     1.  Social skills, including replacement of problematic
1158behaviors with more conventional and appropriate behaviors;
1159     2.  Communication skills, including the development of a
1160functional communication system;
1161     3.  Fine and gross motor skills;
1162     4.  Cognitive skills, including basic concepts and
1163developmentally appropriate pre-academic skills; and
1164     5.  Independent organizational skills and other behaviors
1165necessary for future success in the typical educational
1166environment.
1167
1168If a child's individual educational plan indicates that the
1169child meets the eligibility requirements for a prekindergarten
1170program of early intervention services under this paragraph, the
1171school district shall record the child's eligibility on a form,
1172or otherwise in the format, developed by the Department of
1173Education in consultation with the Agency for Workforce
1174Innovation.
1175     (2)  The parent of a child who is eligible for a
1176prekindergarten program under this section may select one or
1177more early intervention services that the child's individual
1178educational plan indicates is appropriate for the child. These
1179early 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
1185under this section must be delivered according to professionally
1186accepted standards and must, in accordance with the performance
1187standards adopted by the department under s. 1002.67, address
1188the age-appropriate progress of the child in the development of
1189the capabilities, capacities, and skills required under s. 1(b),
1190Art. IX of the State Constitution.
1191     (4)  Each Center for Autism and Related Disabilities
1192established under s. 1004.55 shall, within the center's region,
1193approve early intervention service providers whose services meet
1194the standards in subsection (3), maintain a list of approved
1195providers, and notify each school district and early learning
1196coalition in the center's region of the approved provider list.
1197Upon the request of a child's parent, a Center for Autism and
1198Related Disabilities may approve an early intervention service
1199provider that is not on the approved list if the provider's
1200services meet the standards in subsection (3) and the child's
1201individual educational plan indicates that the services are
1202appropriate for the child.
1203     (5)  From the funds allocated to the early learning
1204coalition for the Voluntary Prekindergarten Education Program,
1205the coalition shall reimburse an approved early intervention
1206service provider for authorized services provided for an
1207eligible child, except that the cumulative total of services
1208reimbursed for a child may not exceed the amount of the base
1209student allocation provided for the Voluntary Prekindergarten
1210Education Program in the General Appropriations Act.
1211     Section 21.  Paragraph (a) of subsection (4) of section
12121002.71, 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
1216listed in s. 1002.53(3), has not completed more than 10 percent
1217of the hours authorized to be reported for funding under
1218subsection (2), or has not expended more than 10 percent of the
1219funds authorized for the child under s. 1002.66, may withdraw
1220from the program for good cause, reenroll in one of the
1221programs, and be reported for funding purposes as a full-time
1222equivalent student in the program for which the child is
1223reenrolled.
1224
1225A child may reenroll only once in a prekindergarten program
1226under this section. A child who reenrolls in a prekindergarten
1227program under this subsection may not subsequently withdraw from
1228the program and reenroll. The Agency for Workforce Innovation
1229shall establish criteria specifying whether a good cause exists
1230for a child to withdraw from a program under paragraph (a),
1231whether a child has substantially completed a program under
1232paragraph (b), and whether an extreme hardship exists which is
1233beyond the child's or parent's control under paragraph (b).
1234     Section 22.  Paragraph (d) of subsection (2) of section
12351002.73, Florida Statutes, is redesignated as paragraph (e) and
1236a new paragraph (d) is added to that subsection to read:
1237     1002.73  Department of Education; powers and duties;
1238accountability requirements.--
1239     (2)  The department shall adopt procedures for the
1240department's:
1241     (d)  Development, in consultation with the Agency for
1242Workforce Innovation, of the form or format for recording a
1243child's eligibility for early intervention services under s.
12441002.66(1)(b).
1245     Section 23.  Paragraphs (a) and (f) of subsection (2) of
1246section 1002.75, Florida Statutes, are amended to read:
1247     1002.75  Agency for Workforce Innovation; powers and
1248duties; operational requirements.--
1249     (2)  The Agency for Workforce Innovation shall adopt
1250procedures governing the administration of the Voluntary
1251Prekindergarten Education Program by the early learning
1252coalitions and school districts for:
1253     (a)  Enrolling children in and determining the eligibility
1254of children for the Voluntary Prekindergarten Education Program
1255under ss. 1002.53 and 1002.66 s. 1002.53.
1256     (f)  Paying private prekindergarten providers, and public
1257schools, and early intervention service providers under ss.
12581002.66 and 1002.71 s. 1002.71.
1259     Section 24.  Effective upon this act becoming a law,
1260section 1004.55, Florida Statutes, is amended to read:
1261     1004.55  Regional autism Centers for Autism and Related
1262Disabilities.--
1263     (1)  Seven regional autism Centers for Autism and Related
1264Disabilities are established to provide nonresidential resource
1265and training services for:
1266     (a)  Children younger than 5 years of age who have:
1267     1.  An autism spectrum disorder; a genetic or metabolic
1268disorder; a neurological disorder; a severe attachment disorder;
1269a hearing impairment, including deafness; a visual impairment,
1270including blindness; or dual sensory impairment; or
1271     2.  A developmental delay in cognition; physical or motor
1272development, including hearing or vision; communication; social
1273or emotional development; or adaptive development.
1274     (b)  Persons 5 years of age or older who have an autism
1275spectrum disorder or a severe communication disorder persons of
1276all ages and of all levels of intellectual functioning who have
1277autism, as defined in s. 393.063; who have a pervasive
1278developmental disorder that is not otherwise specified; who have
1279an autistic-like disability; who have a dual sensory impairment;
1280or who have a sensory impairment with other handicapping
1281conditions.
1282     (2)  Each center shall be operationally and fiscally
1283independent and shall provide services within its geographical
1284region of the state. Service delivery shall be consistent for
1285all centers. Each center shall coordinate services within and
1286between state and local agencies and school districts but may
1287not duplicate services provided by those agencies or school
1288districts. The respective locations and service areas of the
1289centers are:
1290     (a)  The Department of Communication Disorders at Florida
1291State University, which serves Bay, Calhoun, Escambia, Franklin,
1292Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
1293Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
1294Washington Counties.
1295     (b)  The College of Medicine at the University of Florida,
1296which serves Alachua, Bradford, Citrus, Columbia, Dixie,
1297Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam,
1298Suwannee, and Union Counties.
1299     (c)  The University of Florida Health Science Center at
1300Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau,
1301and St. Johns Counties.
1302     (d)  The Louis de la Parte Florida Mental Health Institute
1303at the University of South Florida, which serves Charlotte,
1304Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
1305Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota
1306Counties.
1307     (e)  The Mailman Center for Child Development and the
1308Department of Psychology at the University of Miami, which
1309serves Broward, Dade, and Monroe Counties.
1310     (f)  The College of Health and Public Affairs at the
1311University of Central Florida, which serves Brevard, Lake,
1312Orange, Osceola, Seminole, Sumter, and Volusia Counties.
1313     (g)  The Department of Exceptional Student Education at
1314Florida Atlantic University, which serves Palm Beach, Martin,
1315St. Lucie, Okeechobee, and Indian River Counties.
1316     (3)(2)  There is established for each center a constituency
1317board, which shall work collaboratively with the center. Each
1318board shall consist of no fewer than six members, each of whom
1319is either an individual who has an autism spectrum disorder or
1320another a disability that is described in subsection (1) or is a
1321member of a family that includes a person who has such a
1322disability, who are selected by each university president from a
1323list that has been developed by the Autism Society of Florida
1324and other relevant constituency groups that represent persons
1325who have an autism spectrum disorder or another disability
1326sensory impairments as described in subsection (1). As
1327representatives of the center's constituencies, these boards
1328shall meet quarterly with the staff of each of the centers to
1329provide advice on policies, priorities, and activities. Each
1330board shall submit to the university president and to the
1331Department of Education an annual report that evaluates the
1332activities and accomplishments of its center during the year.
1333The board for each center should raise funds equivalent to 2
1334percent of the total funds allocated to that center in each
1335fiscal year.
1336     (4)(3)  To promote statewide planning and coordination, a
1337conference must be held annually for staff from each of the
1338seven centers and representatives from each center's
1339constituency board. The purpose of the conference is to
1340facilitate coordination, networking, cross-training, and
1341feedback among the staffs and constituency boards of the
1342centers.
1343     (5)(4)(a)  Each center shall provide:
1344     1.  A staff that has expertise in autism spectrum disorder
1345and the other disabilities described in subsection (1) autistic-
1346like behaviors and in sensory impairments.
1347     2.  Individual and direct family assistance in the home,
1348community, and school. A center's assistance should not supplant
1349other responsibilities of state and local agencies, and each
1350school district is responsible for providing an appropriate
1351education program for clients of a center who are school age.
1352     3.  Technical assistance and consultation services,
1353including specific intervention and assistance for a client of
1354the center, the client's family, and the school district, and
1355any other services that are appropriate.
1356     4.  Professional training programs that include developing,
1357providing, and evaluating preservice and inservice training in
1358state-of-the-art practices for personnel who work with the
1359populations served by the centers and their families.
1360     5.  Public education programs to increase awareness of the
1361public about autism spectrum disorder and the other disabilities
1362described in subsection (1), autistic-related disabilities of
1363communication and behavior, dual sensory impairments, and
1364sensory impairments with other handicapping conditions.
1365     6.  Coordination of regional learning gateways established
1366in accordance with s. 1006.80.
1367     7.  Approval of early intervention service providers for
1368prekindergarten programs for children with disabilities in
1369accordance with s. 1002.66.
1370     (b)  Effective October 1, 2008, a center that is not
1371designated a medical model for the treatment of autism spectrum
1372disorder under s. 1006.82 may not provide direct medical
1373intervention or pharmaceutical intervention is prohibited in any
1374center on or after July 1, 2008.
1375     (6)(5)  The State Board of Education, in cooperation with
1376the regional autism Centers for Autism and Related Disabilities,
1377shall adopt the necessary rules to carry out the purposes of
1378this section.
1379     Section 25.  Effective upon this act becoming a law,
1380subsection (1), paragraph (b) of subsection (2), and subsections
1381(3) and (4) of section 1006.03, Florida Statutes, are amended to
1382read:
1383     1006.03  Florida Diagnostic and Learning Resources System;
1384regional resource centers.--
1385     (1)  The department shall maintain the Florida Diagnostic
1386and Learning Resources System, which shall be comprised of a
1387network of regional diagnostic and learning resources resource
1388centers for exceptional students. The regional centers shall, to
1389assist in the provision of medical, physiological,
1390psychological, and educational testing and other services
1391designed to evaluate and diagnose exceptionalities, to make
1392referrals for necessary instruction and services, and to
1393facilitate the provision of instruction and services to
1394exceptional students. The department shall cooperate with the
1395Department of Children and Family Services and the Centers for
1396Autism and Related Disabilities in identifying service needs and
1397areas.
1398     (2)  Within its identified service area, each regional
1399center shall:
1400     (b)  Assist in the provision of services for exceptional
1401children, using to the maximum, but not supplanting, the
1402existing facilities and services of each school district.
1403     (3)  Regional diagnostic and learning resources resource
1404centers may provide testing and evaluation services to private
1405school students and other children who are not enrolled in
1406public schools.
1407     (4)  Regional diagnostic and learning resources resource
1408centers may assist districts in providing testing and evaluation
1409services for infants and preschool children with or at risk of
1410developing disabilities, and may assist districts in providing
1411interdisciplinary training and resources to parents of infants
1412and preschool children with or at risk of developing
1413disabilities and to early learning school readiness programs.
1414     Section 26.  Effective upon this act becoming a law, part
1415III of chapter 1006, Florida Statutes, shall be entitled
1416"Learning Gateway" and shall consist of sections 1006.80 and
14171006.82, Florida Statutes.
1418     Section 27.  Effective upon this act becoming a law,
1419section 1006.80, Florida Statutes, is created to read:
1420     1006.80  Regional learning gateways.--The Centers for
1421Autism and Related Disabilities established under s. 1004.55, in
1422collaboration with the Department of Education and the Florida
1423Diagnostic and Learning Resources System, shall establish a
1424statewide system of learning gateways. The system must include
1425the establishment of a learning gateway in the geographic region
1426of each center. Each region's learning gateway shall:
1427     (1)  Establish a single point of access for referral to the
1428appropriate agencies for the screening and assessment of
1429children younger than 5 years of age for disabilities,
1430conducting diagnostic evaluations for children with suspected
1431disabilities, and referring children with disabilities for early
1432intervention services and early learning programs.
1433     (2)  Designate a central telephone number in the center's
1434region, and an Internet website, for parents, practitioners, and
1435providers to obtain information about services available through
1436the learning gateway, screenings, assessments, diagnostic
1437evaluations, early intervention services, and early learning
1438programs for children with disabilities.
1439     (3)  Provide followup contact for families whose children
1440are determined ineligible for services under Part B or Part C of
1441the federal Individuals with Disabilities Education Act.
1442     (4)  Provide interagency coordination in the center's
1443region among the regional offices of state agencies, including
1444offices of the Division of Children's Medical Services Network
1445of the Department of Health; regional diagnostic and learning
1446resources centers; diagnostic and learning resources centers at
1447state universities; school districts; early learning coalitions;
1448county and municipal agencies; community agencies and
1449organizations; and public and private providers of early
1450intervention services and early learning programs, in order to
1451develop and implement strategies to reduce a child's waiting
1452time for services, reduce interagency duplication, and reduce
1453interagency differences in eligibility criteria for services and
1454programs which cause cross-agency screenings, assessments, and
1455diagnostic evaluations.
1456     (5)  Facilitate the integration of services, linkages among
1457providers, and the array of services required to address the
1458needs of children and families.
1459     (6)  Improve community awareness and education for parents
1460and practitioners about the developmental milestones, and the
1461warning signs or precursors of disabilities, exhibited by
1462children younger than 5 years of age.
1463     (7)  Provide training and technical assistance for parents,
1464practitioners, and providers.
1465     Section 28.  Effective upon this act becoming a law,
1466section 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,
1469which is assigned to the Department of Education for
1470administrative purposes. The council is composed of the
1471following agency heads, and officers of the following
1472organizations, 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
1480resources center appointed by the Commissioner of Education.
1481     (h)  The director of a diagnostic and learning resources
1482center at a state university, selected from among the directors
1483of 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
1487Analysis.
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
1491members. An executive director of a Center for Autism and
1492Related Disabilities, selected from among the executive
1493directors of the centers, shall serve as the council's executive
1494director.
1495     (3)(a)  The council shall coordinate the statewide
1496implementation of regional learning gateways and shall advise
1497the Legislature, the Governor, and the agencies represented by
1498the council's members on the system of regional learning
1499gateways.
1500     (b)  Each Center for Autism and Related Disabilities shall
1501submit an implementation plan to the council for the region's
1502learning gateway by January 15, 2009. The plan must include the
1503center's proposed expenditures for implementation of the
1504regional learning gateway.
1505     (c)  The council may designate a Center for Autism and
1506Related Disabilities on the main campus, or at any branch campus
1507or center, of the University of Florida, as a medical model for
1508the treatment of autism spectrum disorder, if the center
1509demonstrates a unique community need for such treatment in the
1510center's region. A center designated as a medical model shall,
1511by October 1 of each year, submit an annual report to the
1512council. Each annual report must summarize the center's
1513activities related to the treatment of autism spectrum disorder,
1514including the center's expenditures for those services, for the
1515prior state fiscal year.
1516     (4)(a)  The agencies represented by the council's
1517membership shall enter into an interagency agreement to provide
1518staffing and administrative support for the council.
1519     (b)  Members of the council shall serve without
1520compensation but are entitled to per diem and travel expenses
1521for required attendance at council meetings in accordance with
1522the provisions of s. 112.061. Each council member is subject to
1523the Code of Ethics for Public Officers and Employees under part
1524III of chapter 112.
1525     (5)(a)  The council may use any method of
1526telecommunications to conduct meetings, including establishing a
1527quorum through telecommunications, if the public is given proper
1528notice of a telecommunications meeting and reasonable access to
1529observe and, when appropriate, participate.
1530     (b)  The council appointments shall be made, and the
1531council shall conduct its initial meeting, within 45 days after
1532the effective date of this section.
1533     Section 29.  Effective upon this act becoming a law,
1534sections 411.226, 411.227, and 411.228, Florida Statutes, are
1535repealed.
1536     Section 30.  Except as otherwise expressly provided in
1537this 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
1545An act relating to children with disabilities; creating
1546the "Window of Opportunity Act"; amending s. 391.026,
1547F.S.; requiring the Department of Health to provide
1548certain services under contract to the Florida Healthy
1549Kids Corporation; specifying that children served under
1550such contract are not enrollees of Children's Medical
1551Services; amending 393.063, F.S.; revising the definition
1552of the term "developmental disability"; providing a
1553definition of the term "Down syndrome"; amending s.
1554409.811, F.S.; providing a definition of the term "autism
1555spectrum disorder"; amending s. 409.8132, F.S.; revising
1556provisions relating to enrollment in the Medikids program
1557component of Florida Kidcare; providing for the Agency for
1558Health Care Administration to assign family members to the
1559same managed care plan or Medicaid provider, under certain
1560circumstances; amending s. 409.8134, F.S.; providing
1561eligibility criteria for enrollment for premium
1562assistance; providing for enrollment without premium
1563assistance in the Florida Kidcare program during open
1564enrollment periods; providing limitations on year-round
1565enrollment for premium assistance; specifying a time
1566period for enrollees not eligible for premium assistance
1567to enroll in the Florida Healthy Kids program; providing
1568exceptions; providing for certain enrollees to transfer to
1569the Healthy Kids program under certain circumstances;
1570authorizing the board of directors of the Florida Healthy
1571Kids Corporation to take certain actions to reduce
1572projected costs of the program under certain
1573circumstances; amending s. 409.814, F.S.; revising
1574conditions for eligibility for premium assistance for the
1575Florida Kidcare Program; providing limitations on
1576enrollment in the Medikids program after January 1, 2009;
1577providing for enrollment of new applicants in the Florida
1578Healthy Kids program; revising duties of the board of
1579directors of the Florida Healthy Kids Corporation
1580regarding enrollment limitations; providing for
1581notification to certain managed care plans or MediPass
1582providers prior to termination of a child's eligibility
1583for Florida Kidcare; providing for certain information
1584relating to eligibility to be obtained electronically;
1585providing an exemption from certain requirements for
1586individuals who pay the full cost of the Florida Kidcare
1587premium; amending s. 409.815, F.S.; revising provisions
1588relating to health benefits coverage for specified
1589services to include habilitative and behavior analysis
1590services; providing definitions; limiting the lifetime
1591maximum of health benefits coverage for certain services;
1592amending s. 409.818, F.S.; revising timeframe for
1593redetermination or reverification of eligibility for
1594Florida Kidcare; amending s. 409.906, F.S.; authorizing
1595the Agency for Health Care Administration to seek federal
1596approval through a state plan amendment to provide home
1597and community-based services for autism spectrum disorder
1598and other development disabilities; specifying eligibility
1599criteria; specifying limitations on provision of benefits;
1600requiring reports to the Legislature; requiring
1601legislative approval for implementation of certain
1602provisions; amending s. 411.01, F.S.; providing for the
1603payment schedules of early learning coalitions to include
1604certain payments authorized by the Federal Government;
1605creating s. 456.0291, F.S.; authorizing certain licensing
1606boards to require special continuing education on
1607developmental disabilities for certain licensees and
1608certificateholders; providing penalties; providing
1609rulemaking authority; requiring the Department of Health
1610to develop and implement a plan to promote awareness of
1611developmental disabilities, with a focus on autism
1612spectrum disorder; amending s. 624.91, F.S.; revising
1613legislative intent; requiring the Florida Healthy Kids
1614Corporation to provide information relating to costs and
1615utilization of full-pay and Title XXI subsidized
1616populations enrolled in Florida Healthy Kids health
1617benefits coverage plans; establishing an assignment
1618process; requiring the corporation to provide a report by
1619October 31, 2008, to the Governor and Legislature that
1620includes an analysis of the projected impact on premiums
1621resulting from the provision of additional services;
1622requiring the corporation to provide a quarterly
1623assessment of costs and utilization of services for
1624Florida Healthy Kids benefit plans to the Governor and
1625Legislature; creating s. 624.916, F.S.; directing the
1626Office of Insurance Regulation to establish a workgroup to
1627develop and execute a compact relating to coverage for
1628insured persons with development disabilities; providing
1629for membership of the workgroup; requiring the workgroup
1630to convene within a specified period of time; directing
1631the office to establish a consumer advisory workgroup and
1632providing purpose thereof; requiring the compact to
1633contain specified components; requiring reports to the
1634Governor and the Legislature; creating s. 627.6686, F.S.;
1635providing health insurance coverage for individuals with
1636developmental disabilities; providing definitions;
1637providing coverage for certain screening to diagnose and
1638treat developmental disabilities; providing limitations on
1639coverage; providing for eligibility standards for benefits
1640and coverage; prohibiting insurers from denying coverage
1641under certain circumstances; specifying required elements
1642of a treatment plan; providing, beginning January 1, 2011,
1643that the maximum benefit shall be adjusted annually;
1644clarifying that the section may not be construed as
1645limiting benefits and coverage otherwise available to an
1646insured under a health insurance plan; prohibiting the
1647Office of Insurance Regulation from enforcing certain
1648provisions against insurers that are signatories to the
1649developmental disabilities compact by a specified date;
1650creating s. 641.31098, F.S.; providing coverage under a
1651health maintenance contract for individuals with
1652developmental disabilities; providing definitions;
1653providing coverage for certain screening to diagnose and
1654treat developmental disabilities; providing limitations on
1655coverage; providing for eligibility standards for benefits
1656and coverage; prohibiting health maintenance organizations
1657from denying coverage under certain circumstances;
1658specifying required elements of a treatment plan;
1659providing, beginning January 1, 2011, that the maximum
1660benefit shall be adjusted annually; prohibiting the Office
1661of Insurance Regulation from enforcing certain provisions
1662against health maintenance organizations that are
1663signatories to the developmental disabilities compact by a
1664specified date; amending s. 1002.39, F.S., relating to the
1665John M. McKay Scholarships for Students with Disabilities
1666Program; revising the terminology used to identify
1667students with certain disabilities; authorizing students
1668who receive certain services under the Voluntary
1669Prekindergarten Education Program to receive a John M.
1670McKay Scholarship; conforming cross-references; permitting
1671students to receive scholarship services at locations
1672other than the private school's site under specified
1673conditions; providing retroactive eligibility for
1674scholarships under certain circumstances; amending s.
16751002.51, F.S.; revising definitions for the Voluntary
1676Prekindergarten Education Program; amending s. 1002.53 and
1677creating s. 1002.66, F.S.; establishing a prekindergarten
1678program option for early intervention services; providing
1679eligibility criteria for early intervention services;
1680requiring the Department of Education to develop forms;
1681providing for the approval of early intervention service
1682providers; authorizing the expenditure of funds for early
1683intervention services; amending s. 1002.71, F.S.;
1684authorizing a child participating in a prekindergarten
1685program for children with disabilities to reenroll in
1686another program option under certain conditions; amending
1687ss. 1002.73 and 1002.75, F.S.; revising the powers and
1688duties of the Department of Education and Agency for
1689Workforce Innovation for prekindergarten programs;
1690amending s. 1004.55, F.S.; redesignating regional autism
1691centers as Centers for Autism and Related Disabilities;
1692revising terminology and duties of the regional autism
1693centers; revising date that regional autism centers are
1694prohibited from providing direct medical intervention or
1695pharmaceutical intervention and providing an exception for
1696a center designated a medical model by the State Learning
1697Gateway Council; amending s. 1006.03, F.S.; requiring the
1698Department of Education to maintain the Florida Diagnostic
1699and Learning Resources System; revising duties of regional
1700diagnostic and learning resources centers; creating part
1701III of chapter 1006, F.S., relating to the Learning
1702Gateway; creating s. 1006.80, F.S.; requiring Centers for
1703Autism and Related Disabilities to establish a statewide
1704system of learning gateways; specifying functions of
1705learning gateways; creating s. 1006.82, F.S.; establishing
1706the State Learning Gateway Council; assigning the council
1707to the Department of Education for administrative
1708purposes; specifying the membership of the council;
1709providing for selection of the council's chair and
1710executive director; prescribing the council's duties;
1711requiring the Centers for Autism and Related Disabilities
1712to submit an implementation plan by a specified date;
1713authorizing the council to designate a center at the
1714University of Florida as a medical model under certain
1715circumstances; requiring a center designated as a medical
1716model to submit an annual report; repealing ss. 411.226,
1717411.227, and 411.228, F.S., relating to the Learning
1718Gateway, components of the Learning Gateway, and
1719accountability; providing effective dates.


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