Florida Senate - 2008 CS for SB 888

By the Committee on Health Policy; and Senator Dawson

587-07043-08 2008888c1

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A bill to be entitled

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An act relating to the Florida Kidcare program; amending

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s. 20.43, F.S.; redesignating the Division of Children's

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Medical Services Network within the Department of Health

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as the "Division of Children's Medical Services Network

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and Specialty Programs"; creating the Division of

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Children's Health Insurance and the Office of Child Health

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Coordination within the Department of Health; amending s.

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391.011, F.S.; redesignating ch. 391, F.S., as the

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"Children's Health Act"; amending s. 391.016, F.S.;

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revising legislative intent with respect to certain

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responsibilities of the Children's Health program;

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amending s. 391.021, F.S.; revising and providing

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definitions; amending s. 391.025, F.S.; revising the

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components of the Children's Health program; conforming

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provisions to changes made by the act; amending s.

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391.026, F.S.; requiring the Department of Health to

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administer the Florida Kidcare program; amending s.

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391.028, F.S.; revising the duties of the Children's

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Medical Services Network; revising the duties of the

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director; requiring the Division of Children's Health

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Insurance to administer the Florida Kidcare program;

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specifying that the Office of Child Health Coordination is

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responsible for child health services not directly related

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to Florida Kidcare; amending s. 391.029, F.S.; requiring

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the Department of Health to establish clinical eligibility

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requirements for Florida Kidcare Plus benefits; revising

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eligibility criteria; amending s. 409.810, F.S.;

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conforming provisions; amending s. 409.811, F.S.; revising

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and providing definitions relating to the Florida Kidcare

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Act; amending s. 409.812, F.S.; revising the purpose of

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the Florida Kidcare program; amending s. 409.813, F.S.;

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specifying the components of the program which are

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marketed collectively as the Florida Kidcare program;

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amending s. 409.8132, F.S.; revising the assignment

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requirements in the Medikids program component; amending

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s. 409.8134, F.S.; revising requirements for the

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department in conducting enrollment in the Florida Kidcare

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program; amending s. 409.814, F.S.; revising the

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eligibility requirements for the program; establishing

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good cause reasons for voluntarily canceling employer or

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other private coverage; increasing the cap on enrollment

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of full-pay children in MediKids and Healthy Kids under

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certain conditions; requiring notification of changes in

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eligibility for health plans and providers; requiring the

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electronic verification of an applicant's family income;

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providing that full-pay enrollees are not subject to the

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eligibility documentation requirements of this section;

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amending s. 409.815, F.S.; requiring that the health

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benefits coverage of the Florida Kidcare program be

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equivalent to the pediatric Medicaid benefit package;

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amending s. 409.8177, F.S.; requiring the department to

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assume responsibility from the Agency for Health Care

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Administration for contracting for the annual evaluation

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of the Florida Kidcare program; amending s. 409.818, F.S.;

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requiring the Department of Children and Family Services

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to develop and use a standardized eligibility application;

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requiring the Department of Children and Family Services

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to develop a plan for determining the eligibility of

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certain children for coverage and to submit a report of

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the plan to the Governor and the Legislature by a

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specified date; revising the duties of the Department of

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Health with respect to reviewing the intake process;

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requiring the department to publicize the Florida Kidcare

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program, determine eligibility for Florida Kidcare Plus

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coverage, and develop standards for pediatric quality

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assurance and access; requiring the department to adopt

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rules; authorizing the department to make certain program

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modifications upon the approval of the Legislature;

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requiring the Agency for Health Care Administration to

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establish a toll-free telephone number to assist families;

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requiring the agency to apply for waivers and adopt rules

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to comply with federal laws and the requirements of the

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act; requiring the Florida Healthy Kids Corporation to

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conduct eligibility determination based on rules developed

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by the Department of Health; repealing s. 409.820, F.S.,

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relating to quality assurance and access standards;

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amending s. 624.91, F.S.; revising provisions of the

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Florida Healthy Kids Corporation Act; providing for the

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transfer of certain functions to the Department of Health;

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requiring the Florida Healthy Kids Corporation to

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administer the program based on the rules and policies

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developed by the Department of Health; requiring the

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corporation to allow health plans to market the program;

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specifying the corporation's assignment process for family

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members in the program; requesting Florida's Congressional

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Delegation to support certain amendments to Title XXI of

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the Social Security Act; providing an effective date.

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

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     Section 1.  Subsection (3) of section 20.43, Florida

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Statutes, is amended to read:

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     20.43  Department of Health.--There is created a Department

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of Health.

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     (3)  The following divisions of the Department of Health are

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established:

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     (a)  Division of Administration.

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     (b)  Division of Environmental Health.

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     (c)  Division of Disease Control.

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     (d)  Division of Family Health Services.

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     (e) Division of Children's Medical Services Network and

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Specialty Programs.

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     (f)  Division of Emergency Medical Operations.

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     (g)  Division of Medical Quality Assurance, which is

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responsible for the following boards and professions established

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within the division:

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     1.  The Board of Acupuncture, created under chapter 457.

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     2.  The Board of Medicine, created under chapter 458.

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     3.  The Board of Osteopathic Medicine, created under chapter

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459.

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     4.  The Board of Chiropractic Medicine, created under

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chapter 460.

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     5.  The Board of Podiatric Medicine, created under chapter

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461.

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     6.  Naturopathy, as provided under chapter 462.

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     7.  The Board of Optometry, created under chapter 463.

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     8.  The Board of Nursing, created under part I of chapter

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464.

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     9.  Nursing assistants, as provided under part II of chapter

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464.

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     10.  The Board of Pharmacy, created under chapter 465.

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     11.  The Board of Dentistry, created under chapter 466.

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     12.  Midwifery, as provided under chapter 467.

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     13.  The Board of Speech-Language Pathology and Audiology,

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created under part I of chapter 468.

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     14.  The Board of Nursing Home Administrators, created under

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part II of chapter 468.

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     15.  The Board of Occupational Therapy, created under part

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III of chapter 468.

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     16.  Respiratory therapy, as provided under part V of

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chapter 468.

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     17.  Dietetics and nutrition practice, as provided under

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part X of chapter 468.

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     18.  The Board of Athletic Training, created under part XIII

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of chapter 468.

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     19.  The Board of Orthotists and Prosthetists, created under

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part XIV of chapter 468.

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     20.  Electrolysis, as provided under chapter 478.

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     21.  The Board of Massage Therapy, created under chapter

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480.

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     22.  The Board of Clinical Laboratory Personnel, created

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under part III of chapter 483.

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     23.  Medical physicists, as provided under part IV of

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chapter 483.

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     24.  The Board of Opticianry, created under part I of

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chapter 484.

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     25.  The Board of Hearing Aid Specialists, created under

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part II of chapter 484.

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     26.  The Board of Physical Therapy Practice, created under

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chapter 486.

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     27.  The Board of Psychology, created under chapter 490.

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     28.  School psychologists, as provided under chapter 490.

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     29.  The Board of Clinical Social Work, Marriage and Family

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Therapy, and Mental Health Counseling, created under chapter 491.

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     (h)  Division of Children's Medical Services Prevention and

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Intervention.

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     (i)  Division of Information Technology.

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     (j)  Division of Health Access and Tobacco.

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     (k)  Division of Disability Determinations.

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     (l) Division of Children's Health Insurance.

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     (m) Division of Child Health Coordination.

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     Section 2.  Section 391.011, Florida Statutes, is amended to

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read:

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     391.011  Short title.--The provisions of this chapter may be

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cited as the "Children's Health Medical Services Act."

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     Section 3.  Section 391.016, Florida Statutes, is amended to

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read:

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     391.016  Legislative intent.--The Legislature intends that

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the Children's Health Medical Services program:

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     (1) Provide to children with special health care needs a

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family-centered, comprehensive, and coordinated statewide managed

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system of care that links community-based health care with

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multidisciplinary, regional, and tertiary pediatric specialty

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care. The program may provide for the coordination and

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maintenance of consistency of the medical home for children in

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families with a Children's Medical Services program participant,

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in order to achieve family-centered care.

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     (2)  Provide essential preventive, evaluative, and early

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intervention services for children at risk for or having special

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health care needs, in order to prevent or reduce long-term

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disabilities.

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     (3)  Serve as a principal provider for children with special

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health care needs under Titles XIX and XXI of the Social Security

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Act.

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     (4)  Be complementary to children's health training programs

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essential for the maintenance of a skilled pediatric health care

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workforce for all Floridians.

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     (5) Consolidate and coordinate Florida Kidcare child health

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policy, develop pediatric benefit packages, develop budget and

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federal and state legislative issues, and develop pediatric

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quality assurance and access standards.

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     Section 4.  Section 391.021, Florida Statutes, is amended to

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read:

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     391.021  Definitions.--When used in this act, unless the

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context clearly indicates otherwise:

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     (1)  "Children's Medical Services network" or "network"

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means a statewide managed care service system that includes

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health care providers, health care facilities, or entities

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licensed or certified to provide health services in this state

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which meet the pediatric access and quality standards established

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by the department. The network shall provide Florida Kidcare Plus

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benefits as defined in s. 409.811 as defined in this section.

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     (2)  "Children with special health care needs" means those

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children younger than 21 years of age who have chronic physical,

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developmental, behavioral, or emotional conditions and who also

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require health care and related services of a type or amount

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beyond that which is generally required by children.

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     (3)  "Department" means the Department of Health.

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     (4)  "Eligible individual" means a child with a special

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health care need or a female with a high-risk pregnancy, who

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meets the financial and medical eligibility standards established

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in s. 391.029.

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     (5)  "Health care provider" means a health care

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professional, health care facility, or entity licensed or

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certified to provide health services in this state that meets the

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criteria as established by the department.

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     (6)  "Health services" includes the prevention, diagnosis,

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and treatment of human disease, pain, injury, deformity, or

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disabling conditions.

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     (7)  "Participant" means an eligible individual who is

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enrolled in the Children's Medical Services program.

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     (8) "Pediatric benefit" means a benefit that is determined

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to be medically necessary to treat a health condition. The scope,

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duration, and frequency of the service are based on medical-

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necessity criteria "Program" means the Children's Medical

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Services program established in the department.

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     (9) "Program" means the Children's Health program

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established in the department.

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     (10) "Safety net" means limited services provided to

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children with special health care needs who are uninsured or

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underinsured and do not qualify for Title XIX-funded or Title

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XXI-funded health benefits coverage.

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     Section 5.  Section 391.025, Florida Statutes, is amended to

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read:

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     391.025  Applicability and scope.--

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     (1) The Children's Health Medical Services program consists

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of the following components:

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     (a)  The newborn screening program established in s. 383.14.

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     (b)  The regional perinatal intensive care centers program

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established in ss. 383.15-383.21.

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     (c)  A federal or state program authorized by the

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Legislature.

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     (d)  The developmental evaluation and intervention program,

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including the Florida Infants and Toddlers Early Intervention

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Program.

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     (e)  The Children's Medical Services network.

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     (f) The Division of Children's Health Insurance.

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     (g) The Office of Child Health Coordination.

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     (2) The Children's Medical Services Network program shall

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not be deemed an insurer and is not subject to the licensing

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requirements of the Florida Insurance Code or the rules adopted

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thereunder, when providing services to children who receive Title

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XIX-funded Medicaid benefits, to other Title XIX-eligible

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Medicaid-eligible children with special health care needs, or to

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Title XIX-funded and children with special health care needs

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participating in the Florida Kidcare program.

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     Section 6.  Subsection (19) is added to section 391.026,

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Florida Statutes, to read:

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     391.026  Powers and duties of the department.--The

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department shall have the following powers, duties, and

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responsibilities:

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     (19) To administer the provisions of the Florida Kidcare

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Act assigned to the Department of Health in ss. 409.810-409.821.

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     Section 7.  Section 391.028, Florida Statutes, is amended to

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read:

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     391.028  Administration.--The Children's Medical Services

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Network program shall have a central office and area offices.

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     (1) The Director of Children's Health Medical Services must

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be a physician licensed under chapter 458 or chapter 459 who has

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specialized training and experience in the provision of health

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care to children and who has recognized skills in leadership and

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the promotion of children's health programs. The director shall

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be the deputy secretary and the Deputy State Health Officer for

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Children's Health Medical Services and is appointed by and

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reports to the State Surgeon General. The director may appoint

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division directors subject to the approval of the State Surgeon

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General.

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     (2)  The director shall designate Children's Medical

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Services Network area offices to perform operational activities

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for children with special health care needs, including, but not

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limited to:

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     (a)  Providing case management services for the network.

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     (b) Providing local oversight of the program.

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     (c) Determining an individual's clinical medical and

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financial eligibility for the program.

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     (d)  Participating in the determination of a level of care

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and medical complexity for long-term care services.

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     (e) Authorizing services in the program and developing

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spending plans.

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     (f)  Participating in the development of treatment plans.

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     (g)  Taking part in the resolution of complaints and

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grievances from participants and health care providers.

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     (3) Each Children's Medical Services Network area office

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shall be directed by a physician licensed under chapter 458 or

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chapter 459 who has specialized training and experience in the

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provision of health care to children. The director of a

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Children's Medical Services area office shall be appointed by the

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director from the active panel of Children's Medical Services

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physician consultants.

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     (4) The Division of Children's Health Insurance shall be

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responsible for administering the provisions of the Florida

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Kidcare Act assigned to the Department of Health in ss. 409.810-

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409.821.

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     (5) The Office of Child Health Coordination is responsible

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for child health services not directly related to Florida Kidcare

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health benefits coverage.

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     Section 8.  Subsections (1), (2), and (3) of section

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391.029, Florida Statutes, are amended to read:

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     391.029  Program eligibility.--

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     (1) The department shall establish clinical eligibility the

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medical criteria to determine whether if an applicant for Florida

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Kidcare Plus benefits the Children's Medical Services program is

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an eligible individual.

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     (2)  The following individuals are financially eligible to

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receive services through the Children's Medical Services Network

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program:

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     (a)  A high-risk pregnant female who is eligible for

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Medicaid.

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     (b)  Children with special health care needs from birth to

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21 years of age who are eligible for Medicaid.

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     (c)  Children with special health care needs from birth to

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19 years of age who are eligible for a program under Title XXI of

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the Social Security Act.

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     (3)  Subject to the availability of funds, the following

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individuals may receive services through the program:

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     (a)  Children with special health care needs from birth to

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21 years of age whose families do not qualify for Title XIX-

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financed or Title XXI-financed health benefits coverage family

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income is above the requirements for financial eligibility under

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Title XXI of the Social Security Act and whose projected annual

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cost of care adjusts the family income to Medicaid financial

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criteria. In cases where the family income is adjusted based on a

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projected annual cost of care, the family shall participate

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financially in the cost of care based on criteria established by

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the department. These children may receive safety net services,

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subject to the availability of funds.

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     (b)  Children with special health care needs from birth to

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21 years of age, as provided in Title V of the Social Security

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Act.

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     (c)  An infant who receives an award of compensation under

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s. 766.31(1). The Florida Birth-Related Neurological Injury

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Compensation Association shall reimburse the Children's Medical

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Services Network the state's share of funding, which must

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thereafter be used to obtain matching federal funds under Title

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XXI of the Social Security Act.

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     Section 9.  Section 409.810, Florida Statutes, is amended to

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read:

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     409.810 Short title.--Sections 409.810-409.821 409.810-

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409.820 may be cited as the "Florida Kidcare Act."

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     Section 10.  Section 409.811, Florida Statutes, is amended

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to read:

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     409.811  Definitions relating to Florida Kidcare Act.--As

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used in ss. 409.810-409.821 ss. 409.810-409.820, the term:

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     (1)  "Actuarially equivalent" means that:

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     (a)  The aggregate value of the benefits included in health

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benefits coverage is equal to the value of the benefits in the

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benchmark benefit plan; and

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     (b)  The benefits included in health benefits coverage are

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substantially similar to the benefits included in the benchmark

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benefit plan, except that preventive health services must be the

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same as in the benchmark benefit plan.

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     (2)  "Agency" means the Agency for Health Care

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Administration.

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     (3)  "Applicant" means a parent or guardian of a child or a

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child whose disability of nonage has been removed under chapter

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743, who applies for determination of eligibility for health

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benefits coverage under ss. 409.810-409.821 ss. 409.810-409.820.

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     (4)  "Benchmark benefit plan" means the form and level of

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health benefits coverage established in s. 409.815.

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     (5)  "Child" means any person under 19 years of age.

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     (6)  "Child with special health care needs" means a child

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who has a chronic physical, developmental, behavioral, or

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emotional condition and who also requires health care and related

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services of a type or amount beyond that which is generally

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required by children whose serious or chronic physical or

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developmental condition requires extensive preventive and

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maintenance care beyond that required by typically healthy

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children. Health care utilization by such a child exceeds the

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statistically expected usage of the normal child adjusted for

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chronological age, and such a child often needs complex care

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requiring multiple providers, rehabilitation services, and

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specialized equipment in a number of different settings.

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     (7)  "Children's Medical Services Network" or "network"

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means a statewide managed care service system as defined in s.

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391.021(1).

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     (8)  "Community rate" means a method used to develop

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premiums for a health insurance plan that spreads financial risk

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across a large population and allows adjustments only for age,

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gender, family composition, and geographic area.

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     (9)  "Department" means the Department of Health.

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     (10)  "Enrollee" means a child who has been determined

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eligible for and is receiving coverage under ss. 409.810-409.821

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ss. 409.810-409.820.

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     (11) "Family" means the group or the individuals whose

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income is considered in determining eligibility for the Florida

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Kidcare program. The family includes a child with a custodial

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parent or caretaker relative who resides in the same house or

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living unit or, in the case of a child whose disability of nonage

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has been removed under chapter 743, the child. The family may

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also include other individuals whose income and resources are

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considered in whole or in part in determining eligibility of the

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child.

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     (11)(12) "Family income" means cash received at periodic

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intervals from any source, such as wages, benefits,

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contributions, or rental property. Family income is calculated

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using the budget methodologies authorized under Title XIX of the

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Social Security Act. Income also may include any money that would

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have been counted as income under the Aid to Families with

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Dependent Children (AFDC) state plan in effect prior to August

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22, 1996.

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     (12) Florida Kidcare Plus" means health benefits coverage

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for children with special health care needs which benefits are

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delivered through the Children's Medical Services Network

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established in chapter 391.

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     (13)  "Florida Kidcare program," "Kidcare program," or

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"program" means the health benefits program for children

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administered through ss. 409.810-409.821 ss. 409.810-409.820.

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     (14)  "Guarantee issue" means that health benefits coverage

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must be offered to an individual regardless of the individual's

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health status, preexisting condition, or claims history.

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     (15)  "Health benefits coverage" means protection that

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provides payment of benefits for covered health care services or

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that otherwise provides, either directly or through arrangements

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with other persons, covered health care services on a prepaid per

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capita basis or on a prepaid aggregate fixed-sum basis.

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     (16)  "Health insurance plan" means health benefits coverage

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under the following:

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     (a)  A health plan offered by any certified health

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maintenance organization or authorized health insurer, except a

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plan that is limited to the following: a limited benefit,

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specified disease, or specified accident; hospital indemnity;

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accident only; limited benefit convalescent care; Medicare

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supplement; credit disability; dental; vision; long-term care;

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disability income; coverage issued as a supplement to another

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health plan; workers' compensation liability or other insurance;

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or motor vehicle medical payment only; or

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     (b)  An employee welfare benefit plan that includes health

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benefits established under the Employee Retirement Income

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Security Act of 1974, as amended.

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     (17) "Healthy Kids" means a component of the Florida

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Kidcare program of medical assistance for children who are 5

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through 18 years of age as authorized under s. 624.91 and

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administered by the Florida Healthy Kids Corporation.

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     (18)(17) "Medicaid" means the medical assistance program

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authorized by Title XIX of the Social Security Act, and

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regulations thereunder, and ss. 409.901-409.920, as administered

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in this state by the agency.

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     (19)(18) "Medically necessary" means the use of any medical

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treatment, service, equipment, or supply necessary to palliate

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the effects of a terminal condition, or to prevent, diagnose,

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correct, cure, alleviate, or preclude deterioration of a

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condition that threatens life, causes pain or suffering, or

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results in illness or infirmity and which is:

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     (a)  Consistent with the symptom, diagnosis, and treatment

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of the enrollee's condition;

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     (b)  Provided in accordance with generally accepted

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standards of medical practice;

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     (c)  Not primarily intended for the convenience of the

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enrollee, the enrollee's family, or the health care provider;

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     (d)  The most appropriate level of supply or service for the

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diagnosis and treatment of the enrollee's condition; and

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     (e)  Approved by the appropriate medical body or health care

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specialty involved as effective, appropriate, and essential for

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the care and treatment of the enrollee's condition.

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     (20)(19) "Medikids" means a component of the Florida

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Kidcare program of medical assistance authorized by Title XXI of

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the Social Security Act, and regulations thereunder, and s.

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409.8132, as administered in the state by the agency.

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     (21) "Pediatric benefit" means a benefit that is determined

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to be medically necessary to treat a health condition. The scope,

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duration, and frequency of the service are based on medical-

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necessity criteria.

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     (22)(20) "Preexisting condition exclusion" means, with

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respect to coverage, a limitation or exclusion of benefits

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relating to a condition based on the fact that the condition was

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present before the date of enrollment for such coverage, whether

478

or not any medical advice, diagnosis, care, or treatment was

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recommended or received before such date.

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     (23)(21) "Premium" means the entire cost of a health

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insurance plan, including the administration fee or the risk

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assumption charge.

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     (24)(22) "Premium assistance payment" means the monthly

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consideration paid by the agency per enrollee in the Florida

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Kidcare program towards health insurance premiums.

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     (25)(23) "Qualified alien" means an alien as defined in s.

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431 of the Personal Responsibility and Work Opportunity

488

Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.

489

     (26)(24) "Resident" means a United States citizen, or

490

qualified alien, who is domiciled in this state.

491

     (27)(25) "Rural county" means a county having a population

492

density of less than 100 persons per square mile, or a county

493

defined by the most recent United States Census as rural, in

494

which there is no prepaid health plan participating in the

495

Medicaid program as of July 1, 1998.

496

     (28)(26) "Substantially similar" means that, with respect

497

to additional services as defined in s. 2103(c)(2) of Title XXI

498

of the Social Security Act, these services must have an actuarial

499

value equal to at least 75 percent of the actuarial value of the

500

coverage for that service in the benchmark benefit plan and, with

501

respect to the basic services as defined in s. 2103(c)(1) of

502

Title XXI of the Social Security Act, these services must be the

503

same as the services in the benchmark benefit plan.

504

     Section 11.  Section 409.812, Florida Statutes, is amended

505

to read:

506

     409.812  Program created; purpose.--The Florida Kidcare

507

program is created to provide a defined set of health benefits to

508

previously uninsured, low-income children through the

509

establishment of a variety of affordable health benefits coverage

510

options from which families may select coverage and through which

511

families may contribute financially to the health care of their

512

children.

513

     Section 12.  Section 409.813, Florida Statutes, is amended

514

to read:

515

     409.813 Health benefits coverage; program components;

516

entitlement and nonentitlement.--The Florida Kidcare program

517

includes health benefits coverage provided to children through

518

the following components, which shall be marketed as the Florida

519

Kidcare program:

520

     (1)  Medicaid;

521

     (2)  Medikids as created in s. 409.8132;

522

     (3)  The Florida Healthy Kids Corporation as created in s.

523

624.91;

524

     (4)  Employer-sponsored group health insurance plans

525

approved under ss. 409.810-409.821 ss. 409.810-409.820; and

526

     (5)  The Children's Medical Services network established in

527

chapter 391.

528

529

Except for coverage through the Title XIX-funded Florida Kidcare

530

program under the Medicaid program, coverage under the Florida

531

Kidcare program is not an entitlement. No cause of action shall

532

arise against the state, the department, the Department of

533

Children and Family Services, or the agency for failure to make

534

health services available to any person under ss. 409.810-409.821

535

ss. 409.810-409.820.

536

     Section 13.  Subsection (7) of section 409.8132, Florida

537

Statutes, is amended to read:

538

     409.8132  Medikids program component.--

539

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

540

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

541

not receive services under the Medikids program until the child

542

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

543

eligible, an applicant may receive choice counseling and select a

544

managed care plan or MediPass. The agency may initiate mandatory

545

assignment for a Medikids applicant who has not chosen a managed

546

care plan or MediPass provider after the applicant's voluntary

547

choice period ends. The agency shall assign the Medikids

548

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

549

provider to which other family members are assigned, to the

550

greatest extent possible, even if some family members are

551

enrolled in Medicaid and others are enrolled in the Medikids

552

program. An applicant may select MediPass under the Medikids

553

program component only in counties that have fewer than two

554

managed care plans available to serve Medicaid recipients and

555

only if the federal Health Care Financing Administration

556

determines that MediPass constitutes "health insurance coverage"

557

as defined in Title XXI of the Social Security Act.

558

     Section 14.  Section 409.8134, Florida Statutes, is amended

559

to read:

560

     409.8134  Program expenditure ceiling.--

561

     (1)  Except for the Medicaid program, a ceiling shall be

562

placed on annual federal and state expenditures for the Florida

563

Kidcare program as provided each year in the General

564

Appropriations Act.

565

     (2)  The Florida Kidcare program may conduct enrollment at

566

any time throughout the year for the purpose of enrolling

567

children eligible for all program components listed in s. 409.813

568

except Medicaid. The four Florida Kidcare administrators shall

569

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

570

announced statewide. Eligible children shall be enrolled on a

571

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

572

application is received. Enrollment shall immediately cease when

573

the expenditure ceiling is reached. Year-round enrollment shall

574

only be held only if the Social Services Estimating Conference

575

determines that sufficient federal and state funds will be

576

available to finance the increased enrollment through federal

577

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

578

by submitting a new application. The application for the Florida

579

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

580

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

581

the applicant has not been enrolled in the program, the

582

application is shall be invalid and the applicant must shall be

583

notified of the action. The applicant may resubmit the

584

application after notification of the action taken by the

585

program. Except for the Medicaid program, whenever the Social

586

Services Estimating Conference determines that there are

587

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

588

insufficient funds to finance the current or projected enrollment

589

in the Florida Kidcare program, all additional enrollment must

590

cease and additional enrollment may not resume until sufficient

591

funds are available to finance such enrollment.

592

     (3)  Upon determination by the Social Services Estimating

593

Conference that there are insufficient funds to finance the

594

current enrollment in the Florida Kidcare program within current

595

appropriations, the program shall initiate disenrollment

596

procedures to remove enrollees, except those children who receive

597

Florida Kidcare Plus benefits enrolled in the Children's Medical

598

Services Network, on a last-in, first-out basis until the

599

expenditure and appropriation levels are balanced.

600

     (4)  The agencies that administer the Florida Kidcare

601

program components shall collect and analyze the data needed to

602

project program enrollment costs, including price level

603

adjustments, participation and attrition rates, current and

604

projected caseloads, utilization, and current and projected

605

expenditures for the next 3 years. The agencies shall report

606

caseload and expenditure trends to the Social Services Estimating

607

Conference in accordance with chapter 216.

608

     Section 15.  Section 409.814, Florida Statutes, is amended

609

to read:

610

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

611

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

612

the federal poverty level is eligible for the Florida Kidcare

613

program as provided in this section. For enrollment in Florida

614

Kidcare Plus the Children's Medical Services Network, a complete

615

application includes clinical eligibility the medical or

616

behavioral health screening. If, subsequently, an individual is

617

determined to be ineligible for coverage, he or she must

618

immediately be disenrolled from the respective Florida Kidcare

619

program component.

620

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

621

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

622

eligible to receive health benefits under any other health

623

benefits coverage authorized under the Florida Kidcare program.

624

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

625

eligible for the Florida Kidcare program, may obtain health

626

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

627

409.813 if such coverage is approved and available in the county

628

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

629

Medikids may participate in the Florida Healthy Kids program only

630

if the child has a sibling participating in the Florida Healthy

631

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

632

enrollment.

633

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

634

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

635

determined through a clinical-eligibility medical or behavioral

636

screening instrument, is eligible for health benefits coverage

637

from and must shall be referred to the Children's Medical

638

Services Network.

639

     (4)  The following children are not eligible to receive

640

premium assistance for health benefits coverage under the Florida

641

Kidcare program, except under Medicaid if the child would have

642

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

643

June 1, 1997:

644

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

645

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

646

with a public agency in the state.

647

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

648

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

649

employer health insurance coverage, excluding coverage provided

650

under the Florida Healthy Kids Corporation as established under

651

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

652

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

653

shall be applied during redetermination for children who were

654

enrolled prior to July 1, 2004. These enrollees shall have 6

655

months of eligibility following redetermination to allow for a

656

transition to the other health benefit plan.

657

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

658

Florida Kidcare program through employer-sponsored group

659

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

660

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

661

submitting an application for determination of eligibility under

662

the program.

663

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

664

definition of qualified alien, in the United States.

665

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

666

patient in an institution for mental diseases.

667

     (f) A child who is otherwise eligible for premium

668

assistance for the Florida Kidcare program and has had his or her

669

coverage in an employer-sponsored or private health benefit plan

670

voluntarily canceled in the last 6 months, except those children

671

whose coverage was voluntarily canceled for good cause,

672

including, but not limited to, the following circumstances:

673

     1. The parent lost a job that provided an employer-

674

sponsored health benefit plan for children;

675

     2. The parent with health benefits coverage for the child

676

is deceased;

677

     3. The child has a medical condition that, without medical

678

care, would cause serious disability, loss of function, or death;

679

     4. The employer of the parent canceled health benefits

680

coverage for children;

681

     5. The child's health benefits coverage ended because the

682

child reached the maximum lifetime coverage amount;

683

     6. The child has exhausted coverage under a COBRA

684

continuation provision;

685

     7. The health benefits coverage does not cover the child's

686

health care needs; or

687

     8. Domestic violence led to loss of coverage who were on

688

the waiting list prior to March 12, 2004.

689

     (g) A child who is otherwise eligible for the Florida

690

Kidcare program and who has a preexisting condition that prevents

691

coverage under another insurance plan as described in paragraph

692

(b) which would have disqualified the child for the Florida

693

Kidcare program if the child were able to enroll in the plan

694

shall be eligible for Florida Kidcare coverage when enrollment is

695

possible.

696

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

697

federal poverty level or a child who is excluded under the

698

provisions of subsection (4) may participate in the Florida

699

Kidcare program. However, Medikids program as provided in s.

700

409.8132 or, if the child is ineligible for Medikids by reason of

701

age, in the Florida Healthy Kids program, subject to the

702

following provisions:

703

     (a) the family is not eligible for premium assistance

704

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

705

administrative costs.

706

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

707

enrollment in Medikids by these children in order to avoid

708

adverse selection. The number of children participating in

709

Medikids whose family income exceeds 250 200 percent of the

710

federal poverty level must not exceed 25 10 percent of total

711

enrollees in the Medikids program. Except for families who are

712

enrolled in the program on July 1, 2008, or who are in transition

713

from coverage in a subsidized Kidcare program, a family whose

714

income exceeds 250 percent of the federal poverty level must have

715

been uninsured for 6 consecutive months before enrollment in the

716

program.

717

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

718

Corporation is authorized to place limits on enrollment of these

719

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

720

board is authorized to offer a reduced benefit package to these

721

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

722

number of children participating in the Florida Healthy Kids

723

program whose family income exceeds 250 200 percent of the

724

federal poverty level must not exceed 25 10 percent of total

725

enrollees in the Florida Healthy Kids program. However, a family

726

that is enrolled in the program on July 1, 2008, or that is in

727

transition from coverage in a subsidized program, or a family

728

whose income exceeds 250 percent of the federal poverty level

729

must have been uninsured for 6 consecutive months before

730

enrollment in the program.

731

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

732

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

733

12 months without a redetermination or reverification of

734

eligibility, if the family continues to pay the applicable

735

premium. Eligibility for Florida Kidcare coverage program

736

components funded through Title XXI of the Social Security Act

737

terminates shall terminate when a child attains the age of 19.

738

Effective January 1, 1999, a child who has not attained the age

739

of 5 and who has been determined eligible for the Medicaid

740

program is eligible for coverage for 12 months without a

741

redetermination or reverification of eligibility.

742

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

743

under the Florida Kidcare program, the applicant must shall be

744

provided with reasonable notice of changes in eligibility which

745

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

746

When a transition from one program component to another is

747

authorized, there must shall be cooperation between the program

748

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

749

the child's health care providers to promote which promotes

750

continuity of health care coverage. When a child is no longer

751

eligible for Florida Kidcare coverage funded through Title XIX or

752

Title XXI of the Social Security Act, the child's health plan and

753

other MediPass providers shall be notified so that the health

754

plans and providers may assist the family in obtaining coverage

755

through other available healthcare providers. Any authorized

756

transfers must be managed within the program's overall

757

appropriated or authorized levels of funding. Each component of

758

the program shall establish a reserve to ensure that transfers

759

between components will be accomplished within current year

760

appropriations. These reserves shall be reviewed by each

761

convening of the Social Services Estimating Conference to

762

determine the adequacy of such reserves to meet actual

763

experience.

764

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

765

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

766

available electronically, if possible, to determine eligibility

767

for the Florida Kidcare program. If such information cannot be

768

verified electronically, each applicant shall provide written

769

documentation during the application process and the

770

redetermination process, including, but not limited to, the

771

following:

772

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

773

copy of the applicant's most recent federal income tax return. In

774

the absence of a federal income tax return, an applicant may

775

submit wages and earnings statements (pay stubs), W-2 forms, or

776

other appropriate documents.

777

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

778

     1.  Their employer does not sponsor a health benefit plan

779

for employees; or

780

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

781

sponsored health benefit plan because the potential enrollee is

782

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

783

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

784

potential enrollee in the employer-sponsored health benefit plan.

785

     (9)  Subject to paragraph (4)(b) and s. 624.91(4), the

786

Florida Kidcare program shall withhold benefits from an enrollee

787

if the program obtains evidence that the enrollee is no longer

788

eligible, submitted incorrect or fraudulent information in order

789

to establish eligibility, or failed to provide verification of

790

eligibility. The applicant or enrollee shall be notified that

791

because of such evidence program benefits will be withheld unless

792

the applicant or enrollee contacts a designated representative of

793

the program by a specified date, which must be within 10 working

794

days after the date of notice, to discuss and resolve the matter.

795

The program shall make every effort to resolve the matter within

796

a timeframe that will not cause benefits to be withheld from an

797

eligible enrollee.

798

     (10)  The following individuals may be subject to

799

prosecution in accordance with s. 414.39:

800

     (a)  An applicant obtaining or attempting to obtain benefits

801

for a potential enrollee under the Florida Kidcare program when

802

the applicant knows or should have known the potential enrollee

803

does not qualify for the Florida Kidcare program.

804

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

805

attempting to obtain benefits for a potential enrollee under the

806

Florida Kidcare program when the individual knows or should have

807

known the potential enrollee does not qualify for the Florida

808

Kidcare program.

809

810

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

811

program is not required to provide the information required under

812

this section.

813

     Section 16.  Section 409.815, Florida Statutes, is amended

814

to read:

815

     409.815  Health benefits coverage; limitations.--

816

     (1)  MEDICAID BENEFITS.--For purposes of the Florida Kidcare

817

program, benefits available under Medicaid and Medikids include

818

those goods and services provided under the medical assistance

819

program authorized by Title XIX of the Social Security Act, and

820

regulations thereunder, as administered in this state by the

821

agency. This includes those mandatory Medicaid services

822

authorized under s. 409.905 and optional Medicaid services

823

authorized under s. 409.906, rendered on behalf of eligible

824

individuals by qualified providers, in accordance with federal

825

requirements for Title XIX, subject to any limitations or

826

directions provided for in the General Appropriations Act or

827

chapter 216, and according to methodologies and limitations set

828

forth in agency rules and policy manuals and handbooks

829

incorporated by reference thereto.

830

     (2)  BENCHMARK BENEFITS.--In order for health benefits

831

coverage to qualify for premium assistance payments for an

832

eligible child under ss. 409.810-409.821, except for waiver

833

services provided to eligible Title XIX-funded children ss.

834

409.810-409.820, the health benefits coverage must be equivalent

835

to the pediatric Medicaid benefit package and be based upon a

836

standard and appropriate assessment of need for the services

837

consistent with requirements for early and periodic screening,

838

diagnosis, and treatment specified in s.409.905(2) and Title XIX

839

of the Social Security Act, except for coverage under Medicaid

840

and Medikids, must include the following minimum benefits, as

841

medically necessary.

842

     (a) Preventive health services.--Covered services include:

843

     1. Well-child care, including services recommended in the

844

Guidelines for Health Supervision of Children and Youth as

845

developed by the American Academy of Pediatrics;

846

     2. Immunizations and injections;

847

     3. Health education counseling and clinical services;

848

     4. Vision screening; and

849

     5. Hearing screening.

850

     (b) Inpatient hospital services.--All covered services

851

provided for the medical care and treatment of an enrollee who is

852

admitted as an inpatient to a hospital licensed under part I of

853

chapter 395, with the following exceptions:

854

     1. All admissions must be authorized by the enrollee's

855

health benefits coverage provider.

856

     2. The length of the patient stay shall be determined based

857

on the medical condition of the enrollee in relation to the

858

necessary and appropriate level of care.

859

     3. Room and board may be limited to semiprivate

860

accommodations, unless a private room is considered medically

861

necessary or semiprivate accommodations are not available.

862

     4. Admissions for rehabilitation and physical therapy are

863

limited to 15 days per contract year.

864

     (c) Emergency services.--Covered services include visits to

865

an emergency room or other licensed facility if needed

866

immediately due to an injury or illness and delay means risk of

867

permanent damage to the enrollee's health. Health maintenance

868

organizations shall comply with the provisions of s. 641.513.

869

     (d) Maternity services.--Covered services include maternity

870

and newborn care, including prenatal and postnatal care, with the

871

following limitations:

872

     1. Coverage may be limited to the fee for vaginal

873

deliveries; and

874

     2. Initial inpatient care for newborn infants of enrolled

875

adolescents shall be covered, including normal newborn care,

876

nursery charges, and the initial pediatric or neonatal

877

examination, and the infant may be covered for up to 3 days

878

following birth.

879

     (e) Organ transplantation services.--Covered services

880

include pretransplant, transplant, and postdischarge services and

881

treatment of complications after transplantation for transplants

882

deemed necessary and appropriate within the guidelines set by the

883

Organ Transplant Advisory Council under s. 765.53 or the Bone

884

Marrow Transplant Advisory Panel under s. 627.4236.

885

     (f) Outpatient services.--Covered services include

886

preventive, diagnostic, therapeutic, palliative care, and other

887

services provided to an enrollee in the outpatient portion of a

888

health facility licensed under chapter 395, except for the

889

following limitations:

890

     1. Services must be authorized by the enrollee's health

891

benefits coverage provider; and

892

     2. Treatment for temporomandibular joint disease (TMJ) is

893

specifically excluded.

894

     (g) Behavioral health services.--

895

     1. Mental health benefits include:

896

     a. Inpatient services, limited to not more than 30

897

inpatient days per contract year for psychiatric admissions, or

898

residential services in facilities licensed under s. 394.875(6)

899

or s. 395.003 in lieu of inpatient psychiatric admissions;

900

however, a minimum of 10 of the 30 days shall be available only

901

for inpatient psychiatric services when authorized by a

902

physician; and

903

     b. Outpatient services, including outpatient visits for

904

psychological or psychiatric evaluation, diagnosis, and treatment

905

by a licensed mental health professional, limited to a maximum of

906

40 outpatient visits each contract year.

907

     2. Substance abuse services include:

908

     a. Inpatient services, limited to not more than 7 inpatient

909

days per contract year for medical detoxification only and 30

910

days of residential services; and

911

     b. Outpatient services, including evaluation, diagnosis,

912

and treatment by a licensed practitioner, limited to a maximum of

913

40 outpatient visits per contract year.

914

     (h) Durable medical equipment.--Covered services include

915

equipment and devices that are medically indicated to assist in

916

the treatment of a medical condition and specifically prescribed

917

as medically necessary, with the following limitations:

918

     1. Low-vision and telescopic aides are not included.

919

     2. Corrective lenses and frames may be limited to one pair

920

every 2 years, unless the prescription or head size of the

921

enrollee changes.

922

     3. Hearing aids shall be covered only when medically

923

indicated to assist in the treatment of a medical condition.

924

     4. Covered prosthetic devices include artificial eyes and

925

limbs, braces, and other artificial aids.

926

     (i) Health practitioner services.--Covered services include

927

services and procedures rendered to an enrollee when performed to

928

diagnose and treat diseases, injuries, or other conditions,

929

including care rendered by health practitioners acting within the

930

scope of their practice, with the following exceptions:

931

     1. Chiropractic services shall be provided in the same

932

manner as in the Florida Medicaid program.

933

     2. Podiatric services may be limited to one visit per day

934

totaling two visits per month for specific foot disorders.

935

     (j) Home health services.--Covered services include

936

prescribed home visits by both registered and licensed practical

937

nurses to provide skilled nursing services on a part-time

938

intermittent basis, subject to the following limitations:

939

     1. Coverage may be limited to include skilled nursing

940

services only;

941

     2. Meals, housekeeping, and personal comfort items may be

942

excluded; and

943

     3. Private duty nursing is limited to circumstances where

944

such care is medically necessary.

945

     (k) Hospice services.--Covered services include reasonable

946

and necessary services for palliation or management of an

947

enrollee's terminal illness, with the following exceptions:

948

     1. Once a family elects to receive hospice care for an

949

enrollee, other services that treat the terminal condition will

950

not be covered; and

951

     2. Services required for conditions totally unrelated to

952

the terminal condition are covered to the extent that the

953

services are included in this section.

954

     (l) Laboratory and X-ray services.--Covered services

955

include diagnostic testing, including clinical radiologic,

956

laboratory, and other diagnostic tests.

957

     (m) Nursing facility services.--Covered services include

958

regular nursing services, rehabilitation services, drugs and

959

biologicals, medical supplies, and the use of appliances and

960

equipment furnished by the facility, with the following

961

limitations:

962

     1. All admissions must be authorized by the health benefits

963

coverage provider.

964

     2. The length of the patient stay shall be determined based

965

on the medical condition of the enrollee in relation to the

966

necessary and appropriate level of care, but is limited to not

967

more than 100 days per contract year.

968

     3. Room and board may be limited to semiprivate

969

accommodations, unless a private room is considered medically

970

necessary or semiprivate accommodations are not available.

971

     4. Specialized treatment centers and independent kidney

972

disease treatment centers are excluded.

973

     5. Private duty nurses, television, and custodial care are

974

excluded.

975

     6. Admissions for rehabilitation and physical therapy are

976

limited to 15 days per contract year.

977

     (n) Prescribed drugs.--

978

     1. Coverage shall include drugs prescribed for the

979

treatment of illness or injury when prescribed by a licensed

980

health practitioner acting within the scope of his or her

981

practice.

982

     2. Prescribed drugs may be limited to generics if available

983

and brand name products if a generic substitution is not

984

available, unless the prescribing licensed health practitioner

985

indicates that a brand name is medically necessary.

986

     3. Prescribed drugs covered under this section shall

987

include all prescribed drugs covered under the Florida Medicaid

988

program.

989

     (o) Therapy services.--Covered services include

990

rehabilitative services, including occupational, physical,

991

respiratory, and speech therapies, with the following

992

limitations:

993

     1. Services must be for short-term rehabilitation where

994

significant improvement in the enrollee's condition will result;

995

and

996

     2. Services shall be limited to not more than 24 treatment

997

sessions within a 60-day period per episode or injury, with the

998

60-day period beginning with the first treatment.

999

     (p) Transportation services.--Covered services include

1000

emergency transportation required in response to an emergency

1001

situation.

1002

     (q) Dental services.--Dental services shall be covered and

1003

may include those dental benefits provided to children by the

1004

Florida Medicaid program under s. 409.906(6).

1005

     (r) Lifetime maximum.--Health benefits coverage obtained

1006

under ss. 409.810-409.820 shall pay an enrollee's covered

1007

expenses at a lifetime maximum of $1 million per covered child.

1008

     (a)(s) Cost-sharing.--Cost-sharing provisions must comply

1009

with s. 409.816.

1010

     (b)(t) Exclusions.--

1011

     1.  Experimental or investigational procedures that have not

1012

been clinically proven by reliable evidence are excluded;

1013

     2.  Services performed for cosmetic purposes only or for the

1014

convenience of the enrollee are excluded; and

1015

     3.  Abortion may be covered only if necessary to save the

1016

life of the mother or if the pregnancy is the result of an act of

1017

rape or incest.

1018

     (c)(u) Enhancements to minimum requirements.--

1019

     1.  This section sets the minimum benefits that must be

1020

included in any health benefits coverage, other than Medicaid or

1021

Medikids coverage, offered under ss. 409.810-409.820. Health

1022

benefits coverage may include additional benefits not included in

1023

the pediatric Medicaid benefit package under this subsection, but

1024

may not include benefits excluded under paragraph (b) (s).

1025

     2.  Health benefits coverage may extend any limitations

1026

beyond the minimum benefits described in this section.

1027

1028

Except for Florida Kidcare Plus benefits the Children's Medical

1029

Services Network, the agency may not increase the premium

1030

assistance payment for either additional benefits provided beyond

1031

the minimum benefits described in this section or the imposition

1032

of less restrictive service limitations.

1033

     (d)(v) Applicability of other state laws.--Health insurers,

1034

health maintenance organizations, and their agents are subject to

1035

the provisions of the Florida Insurance Code, except for any such

1036

provisions waived in this section.

1037

     1.  Except as expressly provided in this section, a law

1038

requiring coverage for a specific health care service or benefit,

1039

or a law requiring reimbursement, utilization, or consideration

1040

of a specific category of licensed health care practitioner, does

1041

not apply to a health insurance plan policy or contract offered

1042

or delivered under ss. 409.810-409.821 ss. 409.810-409.820 unless

1043

that law is made expressly applicable to such policies or

1044

contracts.

1045

     2.  Notwithstanding chapter 641, a health maintenance

1046

organization may issue contracts providing benefits equal to,

1047

exceeding, or actuarially equivalent to the benchmark benefit

1048

plan authorized by this section and may pay providers located in

1049

a rural county negotiated fees or Medicaid reimbursement rates

1050

for services provided to enrollees who are residents of the rural

1051

county.

1052

     Section 17.  Paragraph (i) of subsection (1) of section

1053

409.8177, Florida Statutes, is amended to read:

1054

     409.8177  Program evaluation.--

1055

     (1)  The agency, in consultation with the Department of

1056

Health, the Department of Children and Family Services, and the

1057

Florida Healthy Kids Corporation, shall contract for an

1058

evaluation of the Florida Kidcare program and shall by January 1

1059

of each year submit to the Governor, the President of the Senate,

1060

and the Speaker of the House of Representatives a report of the

1061

program. In addition to the items specified under s. 2108 of

1062

Title XXI of the Social Security Act, the report shall include an

1063

assessment of crowd-out and access to health care, as well as the

1064

following:

1065

     (i) An assessment of the effectiveness of the Florida

1066

Kidcare program Medikids, Children's Medical Services network,

1067

and other public and private programs in the state in increasing

1068

the availability of affordable quality health insurance and

1069

health care for children. Effective July 1, 2009, the Department

1070

of Health shall assume responsibility for contracting for an

1071

evaluation of the Florida Kidcare program.

1072

     Section 18.  Section 409.818, Florida Statutes, is amended

1073

to read:

1074

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

1075

409.821 ss. 409.810-409.820, the following agencies shall have

1076

the following duties:

1077

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

1078

     (a) Develop a standardized simplified eligibility

1079

application mail-in form to be used for determining the

1080

eligibility of children for coverage for all components of under

1081

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

1082

Department of Health, and the Florida Healthy Kids Corporation.

1083

The standardized simplified eligibility application form must

1084

include an item that provides an opportunity for the applicant to

1085

indicate whether coverage is being sought for a child with

1086

special health care needs. Families applying for children's

1087

Medicaid coverage must also be able to use the standardized

1088

simplified application form without having to pay a premium. The

1089

standardized eligibility application form must be available for

1090

use no later than July 1, 2009.

1091

     (b)  Establish and maintain the eligibility determination

1092

process under the program except as specified in subsections (2)

1093

and (4) subsection (5). The department shall directly, or through

1094

the services of a contracted third-party administrator, establish

1095

and maintain a process for determining eligibility of children

1096

for coverage under the program which shall be conducted in

1097

accordance with administrative rules and policies established by

1098

the Department of Health. The eligibility determination process

1099

must be used solely for determining eligibility of applicants for

1100

health benefits coverage under the program. The eligibility

1101

determination process must include an initial determination of

1102

eligibility for any coverage offered under the program, as well

1103

as a redetermination or reverification of eligibility each

1104

subsequent 6 months. Effective January 1, 1999, a child who has

1105

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

1106

for the Medicaid program is eligible for coverage for 12 months

1107

without a redetermination or reverification of eligibility. In

1108

conducting an eligibility determination, the department shall

1109

determine if the child has special health care needs. The

1110

department, in consultation with the Agency for Health Care

1111

Administration and the Florida Healthy Kids Corporation, shall

1112

develop procedures for redetermining eligibility which enable a

1113

family to easily update any change in circumstances which could

1114

affect eligibility. The department may accept changes in a

1115

family's status as reported to the department by the Florida

1116

Healthy Kids Corporation without requiring a new application from

1117

the family. Redetermination of a child's eligibility for Medicaid

1118

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

1119

other programs.

1120

     (c)  Inform program applicants about eligibility

1121

determinations and provide information about eligibility of

1122

applicants to the Florida Kidcare program Medicaid, Medikids, the

1123

Children's Medical Services Network, and the Florida Healthy Kids

1124

Corporation, and to insurers and their agents, through a

1125

centralized coordinating office.

1126

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

1127

Kids Corporation, to determine an applicant's eligibility for

1128

public assistance or Medicaid which allows:

1129

     1. Applicants who have children and are applying for

1130

Medicaid or other public assistance to use the same information

1131

provided when applying for the Kidcare program if they are found

1132

ineligible for Medicaid.

1133

     2. Applicants to submit all information required for

1134

enrollment in the Kidcare program, including whether coverage is

1135

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

1136

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

1137

accompanying documentation to the Florida Healthy Kids

1138

Corporation, if necessary.

1139

     4. The Florida Healthy Kids Corporation to process

1140

application information and other documents for enrollment in the

1141

Kidcare program without requiring the applicant to submit a

1142

separate application.

1143

1144

The department shall submit the plan to the Governor, the

1145

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

1146

Representatives by December 31, 2008.

1147

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

1148

eligibility functions.

1149

     (2)  The Department of Health shall:

1150

     (a) Design an eligibility intake process and policies for

1151

non-Title XIX eligibility determination for the program, in

1152

coordination with the Department of Children and Family Services,

1153

the agency, and the Florida Healthy Kids Corporation. The

1154

eligibility intake process may include local intake points that

1155

are determined by the Department of Health in coordination with

1156

the Department of Children and Family Services.

1157

     (b) Develop and implement a plan to publicize the Florida

1158

Kidcare program, the eligibility requirements of the program, and

1159

the procedures for enrollment in the program and to maintain

1160

public awareness of and outreach for the Florida Kidcare program.

1161

     (c) Determine clinical eligibility for and administer

1162

Florida Kidcare Plus health benefits coverage.

1163

     (d) In consultation with the agency, develop a minimum set

1164

of pediatric quality assurance and access standards, including

1165

reporting requirements, for the Florida Kidcare program. The

1166

standards must include a process for granting exceptions to

1167

specific requirements for quality assurance and access.

1168

Compliance with the standards shall be a condition of program

1169

participation by health benefits coverage providers. These

1170

standards shall comply with the provisions of this chapter,

1171

chapter 641, and Title XXI of the Social Security Act.

1172

     (e) In consultation with the agency, the Department of

1173

Children and Family Services, and the Florida Healthy Kids

1174

Corporation and effective July 1, 2009, coordinate non-Title XIX-

1175

funded Florida Kidcare administrative activities, including, but

1176

not limited to:

1177

     1. Florida Kidcare policy development;

1178

     2. Federal and state legislative and budget request issue

1179

development; and

1180

     3. Administrative rules as assigned by this act.

1181

     (f) In consultation with the agency, develop pediatric

1182

benefit packages for Florida Kidcare enrollees.

1183

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

1184

make recommendations concerning the implementation and operation

1185

of the program. The coordinating council shall include

1186

representatives from the department, the Department of Children

1187

and Family Services, the agency, the Florida Healthy Kids

1188

Corporation, the Office of Insurance Regulation of the Financial

1189

Services Commission, local government, health insurers, health

1190

maintenance organizations, health care providers, families

1191

participating in the program, and organizations representing low-

1192

income families.

1193

     (c) In consultation with the Florida Healthy Kids

1194

Corporation and the Department of Children and Family Services,

1195

establish a toll-free telephone line to assist families with

1196

questions about the program.

1197

     (d) Adopt rules necessary to implement outreach activities.

1198

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

1199

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

1200

     (a)  Calculate the premium assistance payment necessary to

1201

comply with the premium and cost-sharing limitations specified in

1202

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

1203

health insurance plan participating in the Florida Healthy Kids

1204

Corporation must shall equal the premium approved by the Florida

1205

Healthy Kids Corporation and the Office of Insurance Regulation

1206

of the Financial Services Commission pursuant to ss. 627.410 and

1207

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

1208

within the limitations specified in s. 409.816. The premium

1209

assistance payment for each enrollee in an employer-sponsored

1210

health insurance plan approved under ss. 409.810-409.821 must ss.

1211

409.810-409.820 shall equal the premium for the plan adjusted for

1212

any benchmark benefit plan actuarial equivalent benefit rider

1213

approved by the Office of Insurance Regulation pursuant to ss.

1214

627.410 and 641.31, less any enrollee's share of the premium

1215

established within the limitations specified in s. 409.816. In

1216

calculating the premium assistance payment levels for children

1217

with family coverage, the agency shall set the premium assistance

1218

payment levels for each child proportionately to the total cost

1219

of family coverage.

1220

     (b)  Make premium assistance payments to health insurance

1221

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

1222

agent or a contracted third-party administrator in making these

1223

payments. The agency may require health insurance plans that

1224

participate in the Medikids program or employer-sponsored group

1225

health insurance to collect premium payments from an enrollee's

1226

family. Participating health insurance plans shall report premium

1227

payments collected on behalf of enrollees in the program to the

1228

agency in accordance with a schedule established by the agency.

1229

     (c) Monitor compliance with pediatric quality assurance and

1230

access standards developed by the Department of Health under s.

1231

409.820.

1232

     (d)  Establish a mechanism for investigating and resolving

1233

complaints and grievances from program applicants, enrollees, and

1234

health benefits coverage providers, and maintain a record of

1235

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

1236

enrolled in a health maintenance organization, the agency must

1237

use the provisions of s. 641.511 to address grievance reporting

1238

and resolution requirements.

1239

     (e)  Approve health benefits coverage for participation in

1240

the program, following certification by the Office of Insurance

1241

Regulation under subsection (4).

1242

     (f) In consultation with the Department of Children and

1243

Family Services and the Florida Healthy Kids Corporation,

1244

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

1245

assist families who have questions about the Florida Kidcare

1246

program. The toll-free number must provide information regarding

1247

eligibility, enrollment, benefits, and other information relating

1248

to all components of the Florida Kidcare program and ensure that

1249

such information is easily accessible.

1250

     (g) Seek and implement federal waivers or state plan

1251

amendments necessary to implement this section and ss. 409.810-

1252

409.820.

1253

     (h) Adopt all rules necessary to comply with or administer

1254

ss. 409.810-409.821 and all rules necessary to comply with

1255

federal requirements, including, at a minimum, rules specifying

1256

policies, procedures, and criteria for the following activities:

1257

     1. Calculating premium assistance payment levels;

1258

     2. Making premium assistance payments;

1259

     3. Monitoring access and quality assurance standards;

1260

     4. Investigating and resolving complaints and grievances;

1261

     5. Administering the Medikids program;

1262

     6. Approving health benefits coverage; and

1263

     7. Except for Title XIX-funded Florida Kidcare, determining

1264

application and enrollment requirements, including documentation

1265

requirements, eligibility determinations and redeterminations,

1266

enrollee premium payment requirements, cancellation of coverage,

1267

reinstatement of coverage, disenrollment procedures, applicant

1268

and enrollee notification requirements, application and

1269

enrollment time processing standards, and call center standards.

1270

1271

Effective July 1, 2009, the Department of Health shall assume

1272

responsibility for administrative rulemaking activities specified

1273

in subparagraphs 3, 4, 6, and 7.

1274

     (f) Adopt rules necessary for calculating premium

1275

assistance payment levels, making premium assistance payments,

1276

monitoring access and quality assurance standards, investigating

1277

and resolving complaints and grievances, administering the

1278

Medikids program, and approving health benefits coverage.

1279

1280

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

1281

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

1282

for reporting purposes, and for ensuring compliance with federal

1283

and state regulations and rules.

1284

     (4) The Office of Insurance Regulation shall certify that

1285

health benefits coverage plans that seek to provide services

1286

under the Florida Kidcare program, except those offered through

1287

the Florida Healthy Kids Corporation or the Children's Medical

1288

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

1289

the benchmark benefit plan and that health insurance plans will

1290

be offered at an approved rate. In determining actuarial

1291

equivalence of benefits coverage, the Office of Insurance

1292

Regulation and health insurance plans must comply with the

1293

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

1294

The department shall adopt rules necessary for certifying health

1295

benefits coverage plans.

1296

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

1297

its functions as authorized in s. 624.91, including eligibility

1298

determination for participation in the non-Title XIX-funded

1299

Florida Kidcare Healthy Kids program. Effective July 1, 2009,

1300

non-Title XIX-funded Florida Kidcare eligibility determinations

1301

shall be conducted in accordance with administrative rules and

1302

policies established by the Department of Health.

1303

     (5) The Department of Health, in consultation with the

1304

agency, the Department of Children and Family Services, and the

1305

Florida Healthy Kids Corporation, and

1306

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

1307

Children and Family Services, the Florida Healthy Kids

1308

Corporation, and the Office of Insurance Regulation, after

1309

consultation with and approval of the Speaker of the House of

1310

Representatives and the President of the Senate, are authorized

1311

to make program modifications that are necessary to overcome any

1312

objections of the United States Department of Health and Human

1313

Services to obtain approval of the state's child health insurance

1314

plan under Title XXI of the Social Security Act.

1315

     Section 19. Section 409.820, Florida Statutes, is repealed.

1316

     Section 20.  Subsection (5) of section 624.91, Florida

1317

Statutes, is amended to read:

1318

     624.91  The Florida Healthy Kids Corporation Act.--

1319

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

1320

     (a)  There is created the Florida Healthy Kids Corporation,

1321

a not-for-profit corporation.

1322

     (b)  The Florida Healthy Kids Corporation shall:

1323

     1.  Arrange for the collection of any family, local

1324

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

1325

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

1326

premiums for health benefits comprehensive insurance coverage and

1327

for the actual or estimated administrative expenses.

1328

     2.  Arrange for the collection of any voluntary

1329

contributions to provide for payment of Florida Kidcare premiums

1330

for children who are not eligible for medical assistance under

1331

Title XXI of the Social Security Act.

1332

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

1333

voluntary supplemental local match contributions that comply with

1334

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

1335

purpose of providing additional Florida Kidcare coverage in

1336

contributing counties under Title XXI.

1337

     4.  Establish the administrative and accounting procedures

1338

for the operation of the corporation.

1339

     5.  Establish, with consultation from appropriate

1340

professional organizations, standards for preventive health

1341

services and providers and comprehensive insurance benefits

1342

appropriate to children, if provided that such standards for

1343

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

1344

certified pediatricians.

1345

     6.  Determine eligibility for children seeking to

1346

participate in the Title XXI-funded components of the Florida

1347

Kidcare program consistent with the requirements specified in s.

1348

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

1349

provided in subsection (3). Effective July 1, 2009, this function

1350

shall be performed in accordance with administrative rules and

1351

policies established by the Department of Health.

1352

     7.  Establish procedures under which providers of local

1353

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

1354

grievances reviewed by an impartial body and reported to the

1355

board of directors of the corporation.

1356

     8. Establish participation criteria and, if appropriate,

1357

Contract with an authorized insurer, health maintenance

1358

organization, or third-party administrator to provide

1359

administrative services for Florida Kidcare. Effective July 1,

1360

2009, this function shall be performed in accordance with

1361

administrative rules and policies established by the Department

1362

of Health to the corporation.

1363

     9. Establish enrollment criteria that which shall include

1364

penalties or waiting periods of not fewer than 60 days for

1365

reinstatement of coverage upon voluntary cancellation for

1366

nonpayment of family premiums.

1367

     10.  Contract with authorized insurers or any provider of

1368

health care services, meeting quality assurance and access

1369

standards established by the Department of Health corporation,

1370

for the provision of comprehensive insurance coverage to

1371

participants. Such standards shall include criteria under which

1372

the corporation may contract with more than one provider of

1373

health care services in program sites. Health plans shall be

1374

selected through a competitive bid process. The Florida Healthy

1375

Kids Corporation shall purchase goods and services in the most

1376

cost-effective manner consistent with the delivery of quality

1377

medical care. The maximum administrative cost for a Florida

1378

Healthy Kids Corporation contract shall be 15 percent. For health

1379

care contracts, the minimum medical loss ratio for a Florida

1380

Healthy Kids Corporation contract shall be 85 percent. For dental

1381

contracts, the remaining compensation to be paid to the

1382

authorized insurer or provider under a Florida Healthy Kids

1383

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

1384

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

1385

provide for this minimum compensation, this section shall

1386

prevail. The health plan selection criteria and scoring system,

1387

and the scoring results, shall be available upon request for

1388

inspection after the bids have been awarded.

1389

     11.  Establish disenrollment criteria in the event local

1390

matching funds are insufficient to cover enrollments.

1391

     12. Develop and implement a plan to publicize the Florida

1392

Healthy Kids Corporation, the eligibility requirements of the

1393

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

1394

maintain public awareness of the corporation and the program.

1395

     12.13. Secure staff necessary to properly administer the

1396

corporation. Staff costs shall be funded from state and local

1397

matching funds and such other private or public funds as become

1398

available. The board of directors shall determine the number of

1399

staff members necessary to administer the corporation.

1400

     13. No later than January 1, 2009, the health benefits

1401

coverage provided by the corporation's authorized insurers and

1402

health maintenance organizations shall conform with the benchmark

1403

benefits specified in s. 409.815.

1404

     14. Allow health and dental plans participating in the

1405

Florida Healthy Kids program to develop and distribute marketing

1406

and promotional materials and participate in activities, such as

1407

health fairs and public events, which are approved by the

1408

corporation. The health and dental plans may also contact their

1409

current and former enrollees to encourage continued participation

1410

in the program and to assist the enrollees with transferring from

1411

a Title XIX-financed plan to a Title XXI-financed plan.

1412

     15. Establish an assignment process that keeps enrollees in

1413

the Florida Healthy Kids program with family members assigned to

1414

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

1415

even if some family members are enrolled in a Medicaid managed

1416

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

1417

The Agency for Health Care Administration shall work with the

1418

corporation to implement this subparagraph.

1419

     a. The assignment process must allow an enrollee in the

1420

program to enroll in a sibling's Medicaid provider service

1421

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

1422

is currently enrolled in a Medicaid provider service network in

1423

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

1424

health plan under the program.

1425

     b. The assignment process must allow an enrollee in the

1426

program to enroll in a sibling's Medicaid health maintenance

1427

organization for coverage under the program if the enrollee's

1428

sibling is currently enrolled in a Medicaid health maintenance

1429

organization in the same county as the enrollee and the county

1430

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

1431

by or related to the Medicaid health maintenance organization.

1432

     14. Provide a report annually to the Governor, Chief

1433

Financial Officer, Commissioner of Education, Senate President,

1434

Speaker of the House of Representatives, and Minority Leaders of

1435

the Senate and the House of Representatives.

1436

     15. Establish benefit packages which conform to the

1437

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

1438

409.810-409.820.

1439

     (c)  Coverage under the corporation's program is secondary

1440

to any other available private coverage held by, or applicable

1441

to, the participant child or family member. Insurers under

1442

contract with the corporation are the payors of last resort and

1443

must coordinate benefits with any other third-party payor that

1444

may be liable for the participant's medical care.

1445

     (d)  The Florida Healthy Kids Corporation shall be a private

1446

corporation not for profit, organized pursuant to chapter 617,

1447

and shall have all powers necessary to carry out the purposes of

1448

this act, including, but not limited to, the power to receive and

1449

accept grants, loans, or advances of funds from any public or

1450

private agency and to receive and accept from any source

1451

contributions of money, property, labor, or any other thing of

1452

value, to be held, used, and applied for the purposes of this

1453

act.

1454

     Section 21. The Legislature respectfully requests that

1455

Florida's Congressional Delegation support the amendment of Title

1456

XXI of the Social Security Act to allow federal matching funds

1457

for the purpose of premium assistance for dependents of state

1458

employees and nonqualified legal aliens.

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     Section 22.  This act shall take effect July 1, 2008.

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