Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 119, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1E/AD/2R         .           Floor: RC            
             05/06/2011 06:51 PM       .      05/06/2011 10:47 PM       
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment to Amendment (258560) (with title
    2  amendment)
    3  
    4         Between lines 2362 and 2363
    5  insert:
    6         Section 72. Section 409.9021, Florida Statutes, is amended
    7  to read:
    8         409.9021 Conditions for Medicaid Forfeiture of eligibility
    9  agreement.—
   10         (1) As a condition of Medicaid eligibility, subject to
   11  federal approval, a Medicaid applicant shall agree in writing to
   12  forfeit all entitlements to any goods or services provided
   13  through the Medicaid program if he or she has been found to have
   14  committed fraud, through judicial or administrative
   15  determination, two times in a period of 5 years. This provision
   16  applies only to the Medicaid recipient found to have committed
   17  or participated in the fraud and does not apply to any family
   18  member of the recipient who was not involved in the fraud.
   19         (2) A person who is eligible for Medicaid services and who
   20  has access to health care coverage through an employer-sponsored
   21  health plan shall use Medicaid financial assistance to pay the
   22  cost of premiums for the employer-sponsored health plan for the
   23  eligible person and his or her Medicaid-eligible family members.
   24         (3) A Medicaid recipient who has access to other insurance
   25  or coverage created pursuant to state or federal law may opt out
   26  of the Medicaid services provided under s. 409.908, s. 409.912,
   27  or s. 409.986 and use Medicaid financial assistance to pay the
   28  cost of premiums for the recipient and the recipient’s Medicaid
   29  eligible family members.
   30         (4) Subsections (2) and (3) shall be administered by the
   31  agency in accordance with s. 409.964(1)(j). The maximum amount
   32  available for the Medicaid financial assistance shall be
   33  calculated based on the Medicaid capitated rate as if the
   34  Medicaid recipient and the recipient’s eligible family members
   35  participated in a qualified plan for Medicaid managed care under
   36  this chapter.
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39         And the title is amended as follows:
   40         Delete line 4889
   41  and insert:
   42         the optional state supplementation program; amending
   43         s. 409.9021, F.S.; revising provisions relating to
   44         conditions for Medicaid eligibility; requiring that a
   45         recipient who has access to employer-sponsored health
   46         care use Medicaid financial assistance to pay the cost
   47         of premiums for the employer-sponsored health plan for
   48         the eligible person and his or her Medicaid-eligible
   49         family members; requiring the agency to develop a
   50         process to allow the Medicaid premium that would have
   51         been received to be used to pay employer premiums;
   52         requiring that the agency allow opt-out opportunities
   53         for certain recipients; amending s.