Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1748
       
       
       
       
       
       
                                Barcode 866862                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Altman)
       recommended the following:
       
    1         Senate Amendment to Amendment (832814) (with title
    2  amendment)
    3  
    4         Between lines 46 and 47
    5  insert:
    6         Section 2. Section 409.9022, Florida Statutes, is created
    7  to read:
    8         409.9022 Medical eligibility; burial expense exemption.—
    9         (1) Notwithstanding any other provision of law, the
   10  department, in determining an applicant’s eligibility for
   11  Medicaid, shall exempt the value of a life insurance policy,
   12  annuity, or group certificate that:
   13         (a) Includes terms that preclude the use of its proceeds
   14  for anything other than the payment of the owner’s final burial
   15  expense and has a face amount that does not exceed the limits
   16  established under s. 626.785(3);
   17         (b) Names the state as the irrevocable beneficiary such
   18  that any proceeds of the life insurance policy, annuity, or
   19  group certificate which exceed the final burial expense will be
   20  remitted to the state up to the amount of Medicaid assistance
   21  provided to the owner; and
   22         (c) Provides the owner with the opportunity to name a
   23  contingent beneficiary if the proceeds from the policy exceed
   24  the cost of:
   25         1. The owner’s final burial expenses; and
   26         2. The amount of Medicaid benefits provided to the owner.
   27         (2) This section does not limit other exemptions that apply
   28  to a life insurance policy, annuity, or group certificate when
   29  determining an applicant’s eligibility for Medicaid.
   30         (3) If a state agency determines that a waiver or
   31  authorization from a federal agency is necessary to implement
   32  any provision of this section, the agency affected by the
   33  provision shall request the waiver or authorization and may
   34  delay implementing such provision until the waiver or
   35  authorization is granted.
   36         (4) The Department of Children and Families may adopt rules
   37  to administer this section.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40         And the title is amended as follows:
   41         Delete line 58
   42  and insert:
   43         creating s. 409.9022, F.S.; exempting the value of a
   44         Medicaid applicant’s life insurance policy, annuity,
   45         or group certificate from the determination of the
   46         applicant’s Medicaid eligibility under certain
   47         circumstances; authorizing a state agency to delay
   48         implementation of certain provisions if a federal
   49         waiver or authorization is required; specifying
   50         limitations; authorizing the department to adopt
   51         rules; providing an effective date.