Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 918
       
       
       
       
       
       
                                Barcode 450408                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Health Regulation (Aronberg) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.810, Florida Statutes, is amended to
    6  read:
    7         409.810 Short title.—Sections 409.810-409.821 409.810
    8  409.820 may be cited as the “Florida Kidcare Act.”
    9         Section 2. Subsections (3), (10), and (13) of section
   10  409.811, Florida Statutes, are amended to read
   11         409.811 Definitions relating to Florida Kidcare Act.—As
   12  used in ss. 409.810-409.821 ss. 409.810-409.820, the term:
   13         (3) “Applicant” means a parent or guardian of a child or a
   14  child whose disability of nonage has been removed under chapter
   15  743, who applies for determination of eligibility for health
   16  benefits coverage under ss. 409.810-409.821 ss. 409.810-409.820.
   17         (10) “Enrollee” means a child who has been determined
   18  eligible for and is receiving coverage under ss. 409.810-409.821
   19  ss. 409.810-409.820.
   20         (14)(13) “Florida Kidcare program,” “Kidcare program,” or
   21  “program” means the health benefits program administered through
   22  ss. 409.810-409.821 ss. 409.810-409.820.
   23         Section 3. Section 409.812, Florida Statutes, is amended to
   24  read:
   25         409.812 Program created; purpose.—The Florida Kidcare
   26  program is created to provide a defined set of health benefits
   27  to previously uninsured, low-income children through the
   28  establishment of a variety of affordable health benefits
   29  coverage options from which families may select coverage and
   30  through which families may contribute financially to the health
   31  care of their children.
   32         Section 4. Section 409.813, Florida Statutes, is amended to
   33  read:
   34         409.813 Health benefits coverage; program components;
   35  entitlement and nonentitlement.—
   36         (1) The Florida Kidcare program includes health benefits
   37  coverage provided to children through the following program
   38  components, which shall be marketed as the Florida Kidcare
   39  program:
   40         (a)(1) Medicaid;
   41         (b)(2) Medikids as created in s. 409.8132;
   42         (c)(3) The Florida Healthy Kids Corporation as created in
   43  s. 624.91;
   44         (d)(4) Employer-sponsored group health insurance plans
   45  approved under ss. 409.810-409.821 ss. 409.810-409.820; and
   46         (e)(5) The Children’s Medical Services network established
   47  in chapter 391.
   48         (2) Except for Title XIX-funded Florida Kidcare program
   49  coverage under the Medicaid program, coverage under the Florida
   50  Kidcare program is not an entitlement. No cause of action shall
   51  arise against the state, the department, the Department of
   52  Children and Family Services, or the agency for failure to make
   53  health services available to any person under ss. 409.810
   54  409.821 ss. 409.810-409.820.
   55         Section 5. Paragraph (b) of subsection (6) and subsection
   56  (8) of section 409.8132, Florida Statutes, are amended to read:
   57         409.8132 Medikids program component.—
   58         (6) ELIGIBILITY.—
   59         (b) The provisions of s. 409.814(3), (4), and (5), and (6)
   60  shall be applicable to the Medikids program.
   61         (8) PENALTIES FOR VOLUNTARY CANCELLATION.—The agency shall
   62  establish enrollment criteria that must include penalties or
   63  waiting periods of 30 not fewer than 60 days for reinstatement
   64  of coverage upon voluntary cancellation for nonpayment of
   65  premiums.
   66         Section 6. Subsection (2) of section 409.8134, Florida
   67  Statutes, is amended to read:
   68         409.8134 Program expenditure ceiling; enrollment.—
   69         (2) The Florida Kidcare program may conduct enrollment
   70  continuously at any time throughout the year for the purpose of
   71  enrolling children eligible for all program components listed in
   72  s. 409.813 except Medicaid. The four Florida Kidcare
   73  administrators shall work together to ensure that the year-round
   74  enrollment period is announced statewide. Eligible Children
   75  eligible for coverage under Title XXI-funded Florida Kidcare
   76  program shall be enrolled on a first-come, first-served basis
   77  using the date the enrollment application is received.
   78  Enrollment shall immediately cease when the expenditure ceiling
   79  is reached. Year-round enrollment shall only be held if the
   80  Social Services Estimating Conference determines that sufficient
   81  federal and state funds will be available to finance the
   82  increased enrollment through federal fiscal year 2007. Any
   83  individual who is not enrolled must reapply by submitting a new
   84  application. The application for the Florida Kidcare program is
   85  shall be valid for a period of 120 days after the date it was
   86  received. At the end of the 120-day period, if the applicant has
   87  not been enrolled in the program, the application is shall be
   88  invalid and the applicant shall be notified of the action. The
   89  applicant may reactivate resubmit the application after
   90  notification of the action taken by the program. Except for the
   91  Medicaid program, whenever the Social Services Estimating
   92  Conference determines that there are presently, or will be by
   93  the end of the current fiscal year, insufficient funds to
   94  finance the current or projected enrollment in the Florida
   95  Kidcare program, all additional enrollment must cease and
   96  additional enrollment may not resume until sufficient funds are
   97  available to finance such enrollment.
   98         Section 7. Section 409.814, Florida Statutes, is amended to
   99  read:
  100         409.814 Eligibility.—A child who has not reached 19 years
  101  of age whose family income is equal to or below 200 percent of
  102  the federal poverty level is eligible for the Florida Kidcare
  103  program as provided in this section. For enrollment in the
  104  Children’s Medical Services Network, a complete application
  105  includes the medical or behavioral health screening. If,
  106  subsequently, an individual is determined to be ineligible for
  107  coverage, he or she must immediately be disenrolled from the
  108  respective Florida Kidcare program component.
  109         (1) A child who is eligible for Medicaid coverage under s.
  110  409.903 or s. 409.904 must be enrolled in Medicaid and is not
  111  eligible to receive health benefits under any other health
  112  benefits coverage authorized under the Florida Kidcare program.
  113         (2) A child who is not eligible for Medicaid, but who is
  114  eligible for the Florida Kidcare program, may obtain health
  115  benefits coverage under any of the other components listed in s.
  116  409.813 if such coverage is approved and available in the county
  117  in which the child resides. However, a child who is eligible for
  118  Medikids may participate in the Florida Healthy Kids program
  119  only if the child has a sibling participating in the Florida
  120  Healthy Kids program and the child’s county of residence permits
  121  such enrollment.
  122         (3) A child who is eligible for the Florida Kidcare program
  123  who is a child with special health care needs, as determined
  124  through a medical or behavioral screening instrument, shall
  125  receive Florida Kidcare Plus is eligible for health benefits
  126  coverage from and shall be assigned to and may opt out of
  127  referred to the Children’s Medical Services Network.
  128         (4) The following children are not eligible to receive
  129  Title XXI-funded premium assistance for health benefits coverage
  130  under the Florida Kidcare program, except under Medicaid if the
  131  child would have been eligible for Medicaid under s. 409.903 or
  132  s. 409.904 as of June 1, 1997:
  133         (a) A child who is eligible for coverage under a state
  134  health benefit plan on the basis of a family member’s employment
  135  with a public agency in the state.
  136         (b) A child who is currently eligible for or covered under
  137  a family member’s group health benefit plan or under other
  138  private or employer health insurance coverage, if excluding
  139  coverage provided under the Florida Healthy Kids Corporation as
  140  established under s. 624.91, provided that the cost of the
  141  child’s participation is not greater than 5 percent of the
  142  family’s income. If a child is otherwise eligible for a subsidy
  143  under the Florida Kidcare program and the cost of the child’s
  144  participation in the family member’s health insurance benefit
  145  plan is greater than 5 percent of the family’s income, the child
  146  may enroll in the appropriate subsidized Kidcare program. This
  147  provision shall be applied during redetermination for children
  148  who were enrolled prior to July 1, 2004. These enrollees shall
  149  have 6 months of eligibility following redetermination to allow
  150  for a transition to the other health benefit plan.
  151         (c) A child who is seeking premium assistance for the
  152  Florida Kidcare program through employer-sponsored group
  153  coverage, if the child has been covered by the same employer’s
  154  group coverage during the 60 days 6 months prior to the family’s
  155  submitting an application for determination of eligibility under
  156  the program.
  157         (d) A child who is an alien, but who does not meet the
  158  definition of qualified alien, in the United States.
  159         (e) A child who is an inmate of a public institution or a
  160  patient in an institution for mental diseases.
  161         (f) A child who is otherwise eligible for premium
  162  assistance for the Florida Kidcare program and has had his or
  163  her coverage in an employer-sponsored or private health benefit
  164  plan voluntarily canceled in the last 60 days 6 months, except
  165  those children whose coverage was voluntarily canceled for good
  166  cause, including, but not limited to, the following
  167  circumstances:
  168         1.The cost of participation in an employer-sponsored
  169  health benefit plan is greater than 5 percent of the family’s
  170  income;
  171         2.The parent lost a job that provided an employer
  172  sponsored health benefit plan for children;
  173         3.The parent who had health benefits coverage for the
  174  child is deceased;
  175         4.The child has a medical condition that, without medical
  176  care, would cause serious disability, loss of function, or
  177  death;
  178         5.The employer of the parent canceled health benefits
  179  coverage for children;
  180         6.The child’s health benefits coverage ended because the
  181  child reached the maximum lifetime coverage amount;
  182         7.The child has exhausted coverage under a COBRA
  183  continuation provision;
  184         8.The health benefits coverage does not cover the child’s
  185  health care needs; or
  186         9.Domestic violence led to loss of coverage who were on
  187  the waiting list prior to March 12, 2004.
  188         (5)(g) A child who is otherwise eligible for the Florida
  189  Kidcare program and who has a preexisting condition that
  190  prevents coverage under another insurance plan as described in
  191  paragraph (4)(b) which would have disqualified the child for the
  192  Florida Kidcare program if the child were able to enroll in the
  193  plan shall be eligible for Florida Kidcare coverage when
  194  enrollment is possible.
  195         (6)(5) A child whose family income is above 200 percent of
  196  the federal poverty level or a child who is excluded under the
  197  provisions of subsection (4) may participate in the Florida
  198  Kidcare program Medikids program as provided in s. 409.8132 or,
  199  if the child is ineligible for Medikids by reason of age, in the
  200  Florida Healthy Kids program, subject to the following
  201  provisions:
  202         (a) The family is not eligible for premium assistance
  203  payments and must pay the full cost of the premium, including
  204  any administrative costs.
  205         (b) The board of directors of the Florida Healthy Kids
  206  Corporation may offer a reduced benefit package to these
  207  children in order to limit program costs for such families.
  208         (7)(6) Once a child is enrolled in the Florida Kidcare
  209  program, the child is eligible for coverage under the program
  210  for 12 months without a redetermination or reverification of
  211  eligibility, if the family continues to pay the applicable
  212  premium. Eligibility for program components funded through Title
  213  XXI of the Social Security Act shall terminate when a child
  214  attains the age of 19. Effective January 1, 1999, A child who
  215  has not attained the age of 5 and who has been determined
  216  eligible for the Medicaid program is eligible for coverage for
  217  12 months without a redetermination or reverification of
  218  eligibility.
  219         (8)(7) When determining or reviewing a child’s eligibility
  220  under the Florida Kidcare program, the applicant shall be
  221  provided with reasonable notice of changes in eligibility which
  222  may affect enrollment in one or more of the program components.
  223  When a transition from one program component to another is
  224  authorized, there shall be cooperation between the program
  225  components and the affected family which promotes continuity of
  226  health care coverage. Any authorized transfers must be managed
  227  within the program’s overall appropriated or authorized levels
  228  of funding. Each component of the program shall establish a
  229  reserve to ensure that transfers between components will be
  230  accomplished within current year appropriations. These reserves
  231  shall be reviewed by each convening of the Social Services
  232  Estimating Conference to determine the adequacy of such reserves
  233  to meet actual experience.
  234         (9)(8) In determining the eligibility of a child, an assets
  235  test is not required. Each applicant shall provide written
  236  documentation during the application process and the
  237  redetermination process, including, but not limited to, the
  238  following:
  239         (a) Each applicant’s proof of family income shall be
  240  verified electronically to determine financial eligibility for
  241  the Florida Kidcare program. Written documentation, which may
  242  must include wages and earnings statements or pay stubs, W-2
  243  forms, or a copy of the applicant’s most recent federal income
  244  tax return, shall be required only if the electronic
  245  verification is not available or does not substantiate the
  246  applicant’s income. In the absence of a federal income tax
  247  return, an applicant may submit wages and earnings statements
  248  (pay stubs), W-2 forms, or other appropriate documents.
  249         (b) Each applicant shall provide a statement from all
  250  applicable, employed family members that:
  251         1. Their employers do employer does not sponsor a health
  252  benefit plans plan for employees; or
  253         2. The potential enrollee is not covered by an the
  254  employer-sponsored health benefit plan because the potential
  255  enrollee is not eligible for coverage, or, if the potential
  256  enrollee is eligible but not covered, a statement of the cost to
  257  enroll the potential enrollee in the employer-sponsored health
  258  benefit plan. If the cost of the employer-sponsored health
  259  benefit plan is greater than 5 percent of the family’s income
  260  and the potential enrollee is otherwise eligible for premium
  261  assistance, he or she may be enrolled in the appropriate,
  262  subsidized component of the Florida Kidcare program.
  263         (10)(9) Subject to paragraph (4)(b) and s. 624.91(4), the
  264  Florida Kidcare program shall withhold benefits from an enrollee
  265  if the program obtains evidence that the enrollee is no longer
  266  eligible, submitted incorrect or fraudulent information in order
  267  to establish eligibility, or failed to provide verification of
  268  eligibility. The applicant or enrollee shall be notified that
  269  because of such evidence program benefits will be withheld
  270  unless the applicant or enrollee contacts a designated
  271  representative of the program by a specified date, which must be
  272  within 10 working days after the date of notice, to discuss and
  273  resolve the matter. The program shall make every effort to
  274  resolve the matter within a timeframe that will not cause
  275  benefits to be withheld from an eligible enrollee.
  276         (11)(10) The following individuals may be subject to
  277  prosecution in accordance with s. 414.39:
  278         (a) An applicant obtaining or attempting to obtain benefits
  279  for a potential enrollee under the Florida Kidcare program when
  280  the applicant knows or should have known the potential enrollee
  281  does not qualify for the Florida Kidcare program.
  282         (b) An individual who assists an applicant in obtaining or
  283  attempting to obtain benefits for a potential enrollee under the
  284  Florida Kidcare program when the individual knows or should have
  285  known the potential enrollee does not qualify for the Florida
  286  Kidcare program.
  287         Section 8. Paragraphs (u) and (v) of subsection (2) of
  288  section 409.815, Florida Statutes, are amended to read:
  289         409.815 Health benefits coverage; limitations.—
  290         (2) BENCHMARK BENEFITS.—In order for health benefits
  291  coverage to qualify for premium assistance payments for an
  292  eligible child under ss. 409.810-409.821 ss. 409.810-409.820,
  293  the health benefits coverage, except for coverage under Medicaid
  294  and Medikids, must include the following minimum benefits, as
  295  medically necessary.
  296         (u) Enhancements to minimum requirements.—
  297         1. This section sets the minimum benefits that must be
  298  included in any health benefits coverage, other than Medicaid or
  299  Medikids coverage, offered under ss. 409.810-409.821 ss.
  300  409.810-409.820. Health benefits coverage may include additional
  301  benefits not included under this subsection, but may not include
  302  benefits excluded under paragraph (s).
  303         2. Health benefits coverage may extend any limitations
  304  beyond the minimum benefits described in this section.
  305  
  306  Except for the Children’s Medical Services Network, the agency
  307  may not increase the premium assistance payment for either
  308  additional benefits provided beyond the minimum benefits
  309  described in this section or the imposition of less restrictive
  310  service limitations.
  311         (v) Applicability of other state laws.—Health insurers,
  312  health maintenance organizations, and their agents are subject
  313  to the provisions of the Florida Insurance Code, except for any
  314  such provisions waived in this section.
  315         1. Except as expressly provided in this section, a law
  316  requiring coverage for a specific health care service or
  317  benefit, or a law requiring reimbursement, utilization, or
  318  consideration of a specific category of licensed health care
  319  practitioner, does not apply to a health insurance plan policy
  320  or contract offered or delivered under ss. 409.810-409.821 ss.
  321  409.810-409.820 unless that law is made expressly applicable to
  322  such policies or contracts.
  323         2. Notwithstanding chapter 641, a health maintenance
  324  organization may issue contracts providing benefits equal to,
  325  exceeding, or actuarially equivalent to the benchmark benefit
  326  plan authorized by this section and may pay providers located in
  327  a rural county negotiated fees or Medicaid reimbursement rates
  328  for services provided to enrollees who are residents of the
  329  rural county.
  330         Section 9. Subsection (3) of section 409.816, Florida
  331  Statutes, is amended to read:
  332         409.816 Limitations on premiums and cost-sharing.—The
  333  following limitations on premiums and cost-sharing are
  334  established for the program.
  335         (3) Enrollees in families with a family income above 150
  336  percent of the federal poverty level, who are not receiving
  337  coverage under the Medicaid program or who are not eligible
  338  under s. 409.814(7) s. 409.814(5), may be required to pay
  339  enrollment fees, premiums, copayments, deductibles, coinsurance,
  340  or similar charges on a sliding scale related to income, except
  341  that the total annual aggregate cost-sharing with respect to all
  342  children in a family may not exceed 5 percent of the family’s
  343  income. However, copayments, deductibles, coinsurance, or
  344  similar charges may not be imposed for preventive services,
  345  including well-baby and well-child care, age-appropriate
  346  immunizations, and routine hearing and vision screenings.
  347         Section 10. Section 409.817, Florida Statutes, is amended
  348  to read:
  349         409.817 Approval of health benefits coverage; financial
  350  assistance.—In order for health insurance coverage to qualify
  351  for premium assistance payments for an eligible child under ss.
  352  409.810-409.821 ss. 409.810-409.820, the health benefits
  353  coverage must:
  354         (1) Be certified by the Office of Insurance Regulation of
  355  the Financial Services Commission under s. 409.818 as meeting,
  356  exceeding, or being actuarially equivalent to the benchmark
  357  benefit plan;
  358         (2) Be guarantee issued;
  359         (3) Be community rated;
  360         (4) Not impose any preexisting condition exclusion for
  361  covered benefits; however, group health insurance plans may
  362  permit the imposition of a preexisting condition exclusion, but
  363  only insofar as it is permitted under s. 627.6561;
  364         (5) Comply with the applicable limitations on premiums and
  365  cost-sharing in s. 409.816;
  366         (6) Comply with the quality assurance and access standards
  367  developed under s. 409.820; and
  368         (7) Establish periodic open enrollment periods, which may
  369  not occur more frequently than quarterly.
  370         Section 11. Paragraph (i) of subsection (1) of section
  371  409.8177, Florida Statutes, is amended to read:
  372         409.8177 Program evaluation.—
  373         (1) The agency, in consultation with the Department of
  374  Health, the Department of Children and Family Services, and the
  375  Florida Healthy Kids Corporation, shall contract for an
  376  evaluation of the Florida Kidcare program and shall by January 1
  377  of each year submit to the Governor, the President of the
  378  Senate, and the Speaker of the House of Representatives a report
  379  of the program. In addition to the items specified under s. 2108
  380  of Title XXI of the Social Security Act, the report shall
  381  include an assessment of crowd-out and access to health care, as
  382  well as the following:
  383         (i) An assessment of the effectiveness of the Florida
  384  Kidcare program, including Medicaid, the Florida Healthy Kids
  385  program, Medikids, and the Children’s Medical Services network,
  386  and other public and private programs in the state in increasing
  387  the availability of affordable quality health insurance and
  388  health care for children.
  389         Section 12. Paragraph (c) of subsection (1), paragraph (b)
  390  of subsection (2), and paragraph (a) subsection (3), of section
  391  409.818, Florida Statutes, are amended to read:
  392         409.818 Administration.—In order to implement ss. 409.810
  393  409.821 ss. 409.810-409.820, the following agencies shall have
  394  the following duties:
  395         (1) The Department of Children and Family Services shall:
  396         (c) Inform program applicants about eligibility
  397  determinations and provide information about eligibility of
  398  applicants to Medicaid, Medikids, the Children’s Medical
  399  Services Network, and the Florida Kidcare program Healthy Kids
  400  Corporation, and to insurers and their agents, through a
  401  centralized coordinating office.
  402         (2) The Department of Health shall:
  403         (b) Chair a state-level Florida Kidcare coordinating
  404  council to review and make recommendations concerning the
  405  implementation and operation of the program. The coordinating
  406  council shall include representatives from the department, the
  407  Department of Children and Family Services, the agency, the
  408  Florida Healthy Kids Corporation, the Office of Insurance
  409  Regulation of the Financial Services Commission, local
  410  government, health insurers, health maintenance organizations,
  411  health care providers, families participating in the program,
  412  and organizations representing low-income families.
  413         (3) The Agency for Health Care Administration, under the
  414  authority granted in s. 409.914(1), shall:
  415         (a) Calculate the premium assistance payment necessary to
  416  comply with the premium and cost-sharing limitations specified
  417  in s. 409.816. The premium assistance payment for each enrollee
  418  in a health insurance plan participating in the Florida Healthy
  419  Kids Corporation shall equal the premium approved by the Florida
  420  Healthy Kids Corporation and the Office of Insurance Regulation
  421  of the Financial Services Commission pursuant to ss. 627.410 and
  422  641.31, less any enrollee’s share of the premium established
  423  within the limitations specified in s. 409.816. The premium
  424  assistance payment for each enrollee in an employer-sponsored
  425  health insurance plan approved under ss. 409.810-409.821 ss.
  426  409.810-409.820 shall equal the premium for the plan adjusted
  427  for any benchmark benefit plan actuarial equivalent benefit
  428  rider approved by the Office of Insurance Regulation pursuant to
  429  ss. 627.410 and 641.31, less any enrollee’s share of the premium
  430  established within the limitations specified in s. 409.816. In
  431  calculating the premium assistance payment levels for children
  432  with family coverage, the agency shall set the premium
  433  assistance payment levels for each child proportionately to the
  434  total cost of family coverage.
  435  
  436  The agency is designated the lead state agency for Title XXI of
  437  the Social Security Act for purposes of receipt of federal
  438  funds, for reporting purposes, and for ensuring compliance with
  439  federal and state regulations and rules.
  440         Section 13. Subsection (6) and paragraph (a) of subsection
  441  (5), of section 624.91, Florida Statutes, are amended to read:
  442         624.91 The Florida Healthy Kids Corporation Act.—
  443         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  444         (a) There is created the Florida Healthy Kids Corporation,
  445  a not-for-profit corporation.
  446         (b) The Florida Healthy Kids Corporation shall:
  447         1. Arrange for the collection of any family, local
  448  contributions, or employer payment or premium, in an amount to
  449  be determined by the board of directors, to provide for payment
  450  of premiums for comprehensive insurance coverage and for the
  451  actual or estimated administrative expenses.
  452         2. Arrange for the collection of any voluntary
  453  contributions to provide for payment of Florida Kidcare program
  454  premiums for children who are not eligible for medical
  455  assistance under Title XIX or Title XXI of the Social Security
  456  Act.
  457         3. Subject to the provisions of s. 409.8134, accept
  458  voluntary supplemental local match contributions that comply
  459  with the requirements of Title XXI of the Social Security Act
  460  for the purpose of providing additional Florida Kidcare coverage
  461  in contributing counties under Title XXI.
  462         4. Establish the administrative and accounting procedures
  463  for the operation of the corporation.
  464         5. Establish, with consultation from appropriate
  465  professional organizations, standards for preventive health
  466  services and providers and comprehensive insurance benefits
  467  appropriate to children, provided that such standards for rural
  468  areas shall not limit primary care providers to board-certified
  469  pediatricians.
  470         6. Determine eligibility for children seeking to
  471  participate in the Title XXI-funded components of the Florida
  472  Kidcare program consistent with the requirements specified in s.
  473  409.814, as well as the non-Title-XXI-eligible children as
  474  provided in subsection (3).
  475         7. Establish procedures under which providers of local
  476  match to, applicants to and participants in the program may have
  477  grievances reviewed by an impartial body and reported to the
  478  board of directors of the corporation.
  479         8. Establish participation criteria and, if appropriate,
  480  contract with an authorized insurer, health maintenance
  481  organization, or third-party administrator to provide
  482  administrative services to the corporation.
  483         9. Establish enrollment criteria that which shall include
  484  penalties or waiting periods of 30 not fewer than 60 days for
  485  reinstatement of coverage upon voluntary cancellation for
  486  nonpayment of family premiums.
  487         10. Contract with authorized insurers or any provider of
  488  health care services, meeting standards established by the
  489  corporation, for the provision of comprehensive insurance
  490  coverage to participants. Such standards shall include criteria
  491  under which the corporation may contract with more than one
  492  provider of health care services in program sites. Health plans
  493  shall be selected through a competitive bid process. The Florida
  494  Healthy Kids Corporation shall purchase goods and services in
  495  the most cost-effective manner consistent with the delivery of
  496  quality medical care. The maximum administrative cost for a
  497  Florida Healthy Kids Corporation contract shall be 15 percent.
  498  For health care contracts, the minimum medical loss ratio for a
  499  Florida Healthy Kids Corporation contract shall be 85 percent.
  500  For dental contracts, the remaining compensation to be paid to
  501  the authorized insurer or provider under a Florida Healthy Kids
  502  Corporation contract shall be no less than an amount which is 85
  503  percent of premium; to the extent any contract provision does
  504  not provide for this minimum compensation, this section shall
  505  prevail. The health plan selection criteria and scoring system,
  506  and the scoring results, shall be available upon request for
  507  inspection after the bids have been awarded.
  508         11. Establish disenrollment criteria in the event local
  509  matching funds are insufficient to cover enrollments.
  510         12. Develop and implement a plan to publicize the Florida
  511  Kidcare program Healthy Kids Corporation, the eligibility
  512  requirements of the program, and the procedures for enrollment
  513  in the program and to maintain public awareness of the
  514  corporation and the program.
  515         13. Secure staff necessary to properly administer the
  516  corporation. Staff costs shall be funded from state and local
  517  matching funds and such other private or public funds as become
  518  available. The board of directors shall determine the number of
  519  staff members necessary to administer the corporation.
  520         14. In consultation with the partner agencies, provide a
  521  report on the Florida Kidcare program annually to the Governor,
  522  Chief Financial Officer, Commissioner of Education, Senate
  523  President of the Senate, the Speaker of the House of
  524  Representatives, and Minority Leaders of the Senate and the
  525  House of Representatives.
  526         15. Provide information on a quarterly basis to the
  527  Legislature and the Governor which compares the costs and
  528  utilization of the full-pay enrolled population and the Title
  529  XXI-subsidized enrolled population in the Florida Kidcare
  530  program. The information, at a minimum, must include:
  531         a. The monthly enrollment and expenditure for full-pay
  532  enrollees in the Medikids and Florida Healthy Kids programs
  533  compared to the Title XXI-subsidized enrolled population; and
  534         b. The costs and utilization by service of the full-pay
  535  enrollees in the Medikids and Florida Healthy Kids programs and
  536  the Title XXI-subsidized enrolled population.
  537  
  538  By February 1, 2010 2009, the Florida Healthy Kids Corporation
  539  shall provide a study to the Legislature and the Governor on
  540  premium impacts to the subsidized portion of the program from
  541  the inclusion of the full-pay program, which shall include
  542  recommendations on how to eliminate or mitigate possible impacts
  543  to the subsidized premiums.
  544         16. Establish benefit packages that which conform to the
  545  provisions of the Florida Kidcare program, as created in ss.
  546  409.810-409.821 ss. 409.810-409.820.
  547         (c) Coverage under the corporation’s program is secondary
  548  to any other available private coverage held by, or applicable
  549  to, the participant child or family member. Insurers under
  550  contract with the corporation are the payors of last resort and
  551  must coordinate benefits with any other third-party payor that
  552  may be liable for the participant’s medical care.
  553         (d) The Florida Healthy Kids Corporation shall be a private
  554  corporation not for profit, organized pursuant to chapter 617,
  555  and shall have all powers necessary to carry out the purposes of
  556  this act, including, but not limited to, the power to receive
  557  and accept grants, loans, or advances of funds from any public
  558  or private agency and to receive and accept from any source
  559  contributions of money, property, labor, or any other thing of
  560  value, to be held, used, and applied for the purposes of this
  561  act.
  562         (6) BOARD OF DIRECTORS.—
  563         (a) The Florida Healthy Kids Corporation shall operate
  564  subject to the supervision and approval of a board of directors
  565  chaired by the Chief Financial Officer or her or his designee,
  566  and composed of 1110 other members selected for 3-year terms of
  567  office as follows:
  568         1. The Secretary of Health Care Administration, or his or
  569  her designee;
  570         2. One member appointed by the Commissioner of Education
  571  from the Office of School Health Programs of the Florida
  572  Department of Education;
  573         3. One member appointed by the Chief Financial Officer from
  574  among three members nominated by the Florida Pediatric Society;
  575         4. One member, appointed by the Governor, who represents
  576  the Children’s Medical Services Program;
  577         5. One member appointed by the Chief Financial Officer from
  578  among three members nominated by the Florida Hospital
  579  Association;
  580         6. One member, appointed by the Governor, who is an expert
  581  on child health policy;
  582         7. One member, appointed by the Chief Financial Officer,
  583  from among three members nominated by the Florida Academy of
  584  Family Physicians;
  585         8. One member, appointed by the Governor, who represents
  586  the state Medicaid program;
  587         9. One member, appointed by the Chief Financial Officer,
  588  from among three members nominated by the Florida Association of
  589  Counties; and
  590         10. The State Health Officer or her or his designee; and.
  591         11. The Secretary of the Department of Children and
  592  Families Services, or his or her designee.
  593         Section 14. This act shall take effect July 1, 2009.
  594  
  595  ================= T I T L E  A M E N D M E N T ================
  596         And the title is amended as follows:
  597         Delete everything before the enacting clause
  598  and insert:
  599  A bill to be entitled
  600  An act relating to the Florida Kidcare program; amending s.
  601  409.810, F.S.; correcting a cross-reference; amending s.
  602  409.811, F.S.; conforming cross-references; amending s. 409.812,
  603  F.S.; clarifying the application of the Florida Kidcare program
  604  to include all eligible uninsured, low-income children; amending
  605  s. 409.813, F.S.; specifying funding sources for health benefits
  606  coverage for certain children; specifying program components to
  607  be marketed as the Florida Kidcare program; conforming cross
  608  references; amending s. 409.8132, F.S.; revising provisions
  609  relating to penalties for nonpayment of premiums and waiting
  610  periods for reinstatement of coverage; amending s. 409.8134,
  611  F.S.; revising provisions relating to enrollment in the Florida
  612  Kidcare program; amending s. 409.814, F.S.; removing a
  613  restriction on participation in the Florida Healthy Kids
  614  program; authorizing certain enrollees to opt out of the
  615  Children’s Medical Services network; revising coverage
  616  limitations; revising restrictions on enrollment of children
  617  whose coverage was voluntarily canceled; providing exceptions;
  618  deleting provisions that place a limit on enrollment in Medikids
  619  and the Florida Healthy Kids full-pay program; requiring notice
  620  to health plans and providers when a child is no longer eligible
  621  for certain coverage; requiring electronic verification of
  622  applicants’ income; providing circumstances under which written
  623  documentation is required; revising the timeframe for an
  624  enrollee to resolve disputes regarding the withholding of
  625  benefits; amending s. 409.815, F.S.; authorizing the Agency for
  626  Health Care Administration to increase premium assistance
  627  payments for benefits provided through Florida Kidcare Plus
  628  instead of the Children’s Medical Services; conforming cross
  629  references; amending ss. 409.816 and 409.817, F.S.; conforming
  630  cross-references; amending s. 409.8177, F.S.; revising
  631  information to be included in the annual program evaluation to
  632  the Governor and Legislature; amending s. 409.818, F.S.;
  633  clarifying that the Department of Health is the chair of Florida
  634  Kidcare coordinating council; conforming cross-references;
  635  amending s. 624.91, F.S.; revising the duties of the Florida
  636  Healthy Kids Corporation; revising the date in which the
  637  corporation must provide a study to the Legislature and the
  638  Governor; correcting a cross-reference; expanding the membership
  639  of the board of directors of the Florida Healthy Kids
  640  Corporation; providing an effective date.