Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1159, 1st Eng.
                                Barcode 465500                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/02/2013 02:58 PM       .                                

       Senator Evers moved the following:
    1         Senate Amendment to Amendment (566056) (with title
    2  amendment)
    4         Between lines 164 and 165
    5  insert:
    6         Section 5. Subsection (1) and paragraphs (a) and (b) of
    7  subsection (8) of section 409.902, Florida Statutes, are amended
    8  to read:
    9         409.902 Designated single state agency; payment
   10  requirements; program title; release of medical records.—
   11         (1) The Agency for Health Care Administration is designated
   12  as the single state agency authorized to make payments for
   13  medical assistance and related services under Title XIX of the
   14  Social Security Act. These payments shall be made, subject to
   15  any limitations or directions provided for in the General
   16  Appropriations Act, only for services included in the program,
   17  shall be made only on behalf of eligible individuals, and shall
   18  be made only to qualified providers in accordance with federal
   19  requirements for Title XIX of the Social Security Act and the
   20  provisions of state law. This program of medical assistance is
   21  designated the “Medicaid program.” The Department of Children
   22  and Families Family Services is responsible for Medicaid
   23  eligibility determinations, including, but not limited to,
   24  policy, rules, reviewing financial transactions affecting
   25  eligibility, and the agreement with the Social Security
   26  Administration for Medicaid eligibility determinations for
   27  Supplemental Security Income recipients, as well as the actual
   28  determination of eligibility. As a condition of Medicaid
   29  eligibility, subject to federal approval, the Agency for Health
   30  Care Administration and the Department of Children and Families
   31  Family Services shall ensure that each recipient of Medicaid
   32  consents to the release of her or his medical records to the
   33  Agency for Health Care Administration and the Medicaid Fraud
   34  Control Unit of the Department of Legal Affairs.
   35         (8) The department shall implement the following project
   36  governance structure until the system is implemented:
   37         (a) The Secretary of Children and Families Family Services
   38  shall have overall responsibility for the project.
   39         (b) The project shall be governed by an executive steering
   40  committee composed of three department staff members appointed
   41  by the Secretary of Children and Families Family Services; three
   42  agency staff members, including at least two state Medicaid
   43  program staff members, appointed by the Secretary of the Agency
   44  for Health Care Administration; one staff member from Children’s
   45  Medical Services within the Department of Health appointed by
   46  the Surgeon General; and a representative from the Florida
   47  Healthy Kids Corporation.
   48         Section 6. Section 409.9022, Florida Statutes, is created
   49  to read:
   50         409.9022Medicaid eligibility; burial expense exemption.—
   51         (1) Notwithstanding any other provision of law, the
   52  department, in determining an applicant’s eligibility for
   53  Medicaid, shall exempt the value of a life insurance policy,
   54  annuity, or group certificate that:
   55         (a) Includes terms that preclude the use of its proceeds
   56  for anything other than the payment of the owner’s final burial
   57  expense and has a face amount that does not exceed the limits
   58  established under s. 626.785(3);
   59         (b) Names the state as the irrevocable beneficiary such
   60  that any proceeds of the life insurance policy, annuity, or
   61  group certificate which exceed the final burial expense will be
   62  remitted to the state up to the amount of Medicaid assistance
   63  provided to the owner; and
   64         (c) Provides the owner with the opportunity to name a
   65  contingent beneficiary if the proceeds from the policy exceed
   66  the cost of:
   67         1. The owner’s final burial expenses; and
   68         2. The amount of Medicaid benefits provided to the owner.
   69         (2) This section does not limit other exemptions that apply
   70  to a life insurance policy, annuity, or group certificate when
   71  determining an applicant’s eligibility for Medicaid.
   72         (3) If a state agency determines that a waiver or
   73  authorization from a federal agency is necessary to implement
   74  any provision of this section, the agency affected by the
   75  provision shall request the waiver or authorization and may
   76  delay implementing such provision until the waiver or
   77  authorization is granted.
   78         (4) The Department of Children and Families may adopt rules
   79  to administer this section.
   81  ================= T I T L E  A M E N D M E N T ================
   82         And the title is amended as follows:
   83         Delete line 187
   84  and insert:
   85         expedited review; amending s. 409.902, F.S.; requiring
   86         the Department of Children and Families to review
   87         financial transactions affecting eligibility; making
   88         technical corrections; creating s. 409.9022, F.S.;
   89         exempting the value of a Medicaid applicant’s life
   90         insurance policy, annuity, or group certificate from
   91         the determination of the applicant’s Medicaid
   92         eligibility under certain circumstances; authorizing a
   93         state agency to delay implementation of certain
   94         provisions if a federal waiver or authorization is
   95         required; specifying limitations; authorizing the
   96         department to adopt rules; amending s. 409.9122, F.S.;
   97         providing an effective date.