Florida Senate - 2013 CS for SB 794 By the Committee on Children, Families, and Elder Affairs; and Senator Brandes 586-01990-13 2013794c1 1 A bill to be entitled 2 An act relating to Medicaid eligibility; creating s. 3 409.995, F.S.; providing conditions for the Department 4 of Children and Families to evaluate an applicant’s 5 life insurance policy when determining eligibility for 6 Medicaid services; authorizing the Agency for Health 7 Care Administration to use federal or state funds 8 under the Medicaid program to pay life insurance 9 premiums of an applicant or recipient under certain 10 circumstances; providing restrictions on the sale, 11 assignation, or transfer of ownership of a life 12 insurance policy for which the state is named as a 13 beneficiary or which is collaterally assigned to the 14 state; providing for proceeds to be paid to a 15 beneficiary under certain conditions; providing 16 conditions for the owner of a life insurance policy to 17 enter into a viatical settlement contract with a 18 health care services provider for coverage of Medicaid 19 long-term care services; specifying content of the 20 contract; requiring that all marketing materials, 21 actuarial memoranda, and pricing methodologies used by 22 the viatical settlement provider be filed with and 23 approved by the Office of Insurance Regulation; 24 requiring the office to conduct market examinations 25 and financial audits of certain viatical settlement 26 providers; requiring the department to provide notice 27 of life insurance policy options; authorizing the 28 department, the agency, and the office to adopt rules; 29 authorizing the agency to seek state plan amendments 30 and federal waivers; defining the term “value”; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 409.995, Florida Statutes, is created to 36 read: 37 409.995 Life insurance assets.— 38 (1) Notwithstanding any provision of law to the contrary, 39 the department, in determining an applicant’s eligibility for 40 Medicaid, is authorized to treat a life insurance policy owned 41 by an applicant as follows: 42 (a) The value of a life insurance policy that is in force 43 and owned by an applicant or a recipient who meets the state’s 44 nursing home level of care shall not be considered as a resource 45 or asset in determining the applicant’s or recipient’s 46 eligibility for Medicaid if the applicant or recipient: 47 1. Makes an irrevocable election to name the state as a 48 beneficiary of the life insurance policy for an amount that is 49 not greater than the amount of Medicaid benefits provided to the 50 recipient plus any premiums or other costs incurred by the 51 agency to the insurer that issued the life insurance policy; 52 2. Collaterally assigns the life insurance policy to the 53 state under a written agreement submitted to and recorded by the 54 issuing company of the life insurance policy; or 55 3. Irrevocably assigns the ownership of the policy in favor 56 of the state. 57 (b) Medicaid benefits may not be authorized or provided 58 until the designation of the state as an irrevocable beneficiary 59 or the collateral assignment in favor of the state or written 60 acknowledgement of irrevocable assignment by the insurer is 61 completed and accepted by the department as part of the 62 application process. 63 (c) Any designation of the state as an irrevocable 64 beneficiary, any collateral assignment, or an irrevocable 65 assignment in favor of the state is void if the application for 66 Medicaid benefits is not approved. 67 (2) To the extent allowed by federal law, the agency may 68 use federal or state funds under the Medicaid program to pay 69 premiums plus any other costs related to a life insurance policy 70 that is in force and owned by an applicant or a recipient who: 71 (a) Meets the state’s nursing home level of care; 72 (b) Has made an irrevocable election to name the state as a 73 beneficiary of the life insurance policy for an amount that is 74 not greater than the amount of Medicaid benefits provided to the 75 recipient and the premiums or expenses paid by the agency to the 76 insurer that issued the life insurance policy; or 77 (c) Collaterally assigned the life insurance policy to the 78 state under a written agreement submitted to and recorded by the 79 issuing company of the life insurance policy. 80 (3) Any life insurance policy that is in force and under 81 which the state is named as an irrevocable beneficiary or that 82 has been collaterally assigned to the state may not be sold, 83 assigned, or have the ownership transferred to any person or 84 entity. This restriction exists as long as the policy names the 85 state as an irrevocable beneficiary or as long as the policy is 86 collaterally assigned to the state. 87 (4) Upon the death of the insured who is the subject of the 88 policy, proceeds that exceed the amount of Medicaid benefits 89 provided to a recipient plus premiums and other costs incurred 90 by the agency shall be paid to a beneficiary named by the 91 applicant or recipient. 92 (5) The owner of a life insurance policy with a face value 93 in excess of $10,000, may enter into a viatical settlement 94 contract pursuant to part X of chapter 626 in exchange for 95 payments to a health care provider chosen by the viator, which 96 payments shall be used solely to provide Medicaid-covered long 97 term care services as of the effective date of the contract for 98 the viator, and only when the viatical settlement contract 99 complies with the requirements of part X of chapter 626. The 100 contract must contain the following: 101 (a) The lesser of 5 percent of the face value of the life 102 insurance policy or $5,000 is reserved as the death benefit 103 payable to the viator’s estate or beneficiary. 104 (b) The balance of payments required under the contract 105 unpaid at the death of the viator must be paid to the viator’s 106 estate or a named beneficiary. 107 (c) A schedule evidencing the total amount payable to the 108 viator under the contract. 109 (d) All moneys must be held in an irrevocable state or 110 federally insured account. 111 (e) The contract must provide that the type of long-term 112 care benefits payable under the settlement contract shall be 113 chosen only by the viator or recipient of the benefits. An 114 attempt by any person to require the use of a specific long-term 115 care provider to obtain long-term benefits under a settlement 116 contract is strictly prohibited and constitutes an unfair trade 117 practice under s. 626.9927. 118 (6) For purposes of this section, all marketing materials, 119 including benefit projections, sales brochures, and contracts 120 used by the viatical settlement provider or its brokers and 121 agents, must be filed with and approved by the Office of 122 Insurance Regulation. All pricing and valuation materials, 123 including actuarial memoranda and pricing methodologies, must be 124 filed with and approved by the Office of Insurance Regulation. 125 (7) The Office of Insurance Regulation shall conduct 126 periodic market examinations and financial audits of each 127 viatical settlement provider issuing viatical settlement 128 contracts to provide long-term care benefits to a viator. 129 (8) The Department of Children and Families must provide, 130 as part of the application for enrollment in the Medicaid 131 program, written notice of the life insurance policy options 132 provided in subsections (1) and (2). 133 (9) The Office of Insurance Regulation, the Department of 134 Children and Families, and the Agency for Health Care 135 Administration are authorized to adopt rules to implement this 136 section. 137 (10) The agency is instructed to seek any state plan 138 amendments or federal waivers that may be required to implement 139 this section. 140 (11) As used in this section, the term “value” includes the 141 face value of a life insurance policy, the cash value of a life 142 insurance policy, and the value received under subsection (5). 143 Section 2. This act shall take effect October 1, 2013.