Florida Senate - 2014                             CS for SB 1086
       
       
        
       By the Committee on Health Policy; and Senators Flores, Abruzzo,
       and Altman
       
       
       
       
       588-03223-14                                          20141086c1
    1                        A bill to be entitled                      
    2         An act relating to mandatory medical payments for
    3         pregnancy; amending s. 409.903, F.S.; revising
    4         eligibility criteria for a pregnant woman or a child
    5         under 1 year of age to qualify for medical assistance
    6         and related services payments; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 409.903, Florida Statutes, is amended to
   12  read:
   13         409.903 Mandatory payments for eligible persons.—Subject to
   14  the availability of moneys and any limitations established by
   15  the General Appropriations Act or chapter 216, the agency shall
   16  make payments for medical assistance and related services on
   17  behalf of the following Medicaid eligible persons who the
   18  department, or the Social Security Administration by contract
   19  with the Department of Children and Families Family Services,
   20  determines to be eligible, subject to the income, assets, and
   21  categorical eligibility tests set forth in federal and state
   22  law:. Payment on behalf of these Medicaid eligible persons is
   23  subject to the availability of moneys and any limitations
   24  established by the General Appropriations Act or chapter 216.
   25         (1) Low-income families with children are eligible for
   26  Medicaid provided they meet the following requirements:
   27         (a) The family includes a dependent child who is living
   28  with a caretaker relative.
   29         (b) The family’s income does not exceed the gross income
   30  test limit.
   31         (c) The family’s countable income and resources do not
   32  exceed the applicable Aid to Families with Dependent Children
   33  (AFDC) income and resource standards under the AFDC state plan
   34  in effect in July 1996, except as amended in the Medicaid state
   35  plan to conform as closely as possible to the requirements of
   36  the welfare transition program, to the extent permitted by
   37  federal law.
   38         (2) A person who receives payments from, who is determined
   39  eligible for, or who was eligible for but lost cash benefits
   40  from the federal program known as the Supplemental Security
   41  Income program (SSI). This category includes a low-income person
   42  age 65 or over and a low-income person under age 65 considered
   43  to be permanently and totally disabled.
   44         (3) A child under age 21 living in a low-income, two-parent
   45  family, and a child under age 7 living with a nonrelative, if
   46  the income and assets of the family or child, as applicable, do
   47  not exceed the resource limits under the Temporary Cash
   48  Assistance Program.
   49         (4) A child who is eligible under Title IV-E of the Social
   50  Security Act for subsidized board payments, foster care, or
   51  adoption subsidies, and a child for whom the state has assumed
   52  temporary or permanent responsibility and who does not qualify
   53  for Title IV-E assistance but is in foster care, shelter or
   54  emergency shelter care, or subsidized adoption. This category
   55  includes a young adult who is eligible to receive services under
   56  s. 409.1451, until the young adult reaches 21 years of age,
   57  without regard to any income, resource, or categorical
   58  eligibility test that is otherwise required. This category also
   59  includes a person who as a child was eligible under Title IV-E
   60  of the Social Security Act for foster care or the state-provided
   61  foster care and who is a participant in the Road-to-Independence
   62  Program.
   63         (5) A pregnant woman for the duration of her pregnancy and
   64  for the postpartum period as defined in federal law and rule, or
   65  a child under age 1, if either is living in a family that has an
   66  income which is at or below 150 percent of the most current
   67  federal poverty level, or, effective January 1, 1992, that has
   68  an income which is at or below 200 185 percent of the most
   69  current federal poverty level. Such a person is not subject to
   70  an assets test. Further, a pregnant woman who applies for
   71  eligibility for the Medicaid program through a qualified
   72  Medicaid provider must be offered the opportunity, subject to
   73  federal rules, to be made presumptively eligible for the
   74  Medicaid program.
   75         (6) A child born after September 30, 1983, living in a
   76  family that has an income which is at or below 100 percent of
   77  the current federal poverty level, who has attained the age of
   78  6, but has not attained the age of 19. In determining the
   79  eligibility of such a child, an assets test is not required. A
   80  child who is eligible for Medicaid under this subsection must be
   81  offered the opportunity, subject to federal rules, to be made
   82  presumptively eligible. A child who has been deemed
   83  presumptively eligible for Medicaid shall not be enrolled in a
   84  managed care plan until the child’s full eligibility
   85  determination for Medicaid has been completed.
   86         (7) A child living in a family that has an income which is
   87  at or below 133 percent of the current federal poverty level,
   88  who has attained the age of 1, but has not attained the age of
   89  6. In determining the eligibility of such a child, an assets
   90  test is not required. A child who is eligible for Medicaid under
   91  this subsection must be offered the opportunity, subject to
   92  federal rules, to be made presumptively eligible. A child who
   93  has been deemed presumptively eligible for Medicaid shall not be
   94  enrolled in a managed care plan until the child’s full
   95  eligibility determination for Medicaid has been completed.
   96         (8) A person who is age 65 or over or is determined by the
   97  agency to be disabled, whose income is at or below 100 percent
   98  of the most current federal poverty level and whose assets do
   99  not exceed limitations established by the agency. However, the
  100  agency may only pay for premiums, coinsurance, and deductibles,
  101  as required by federal law, unless additional coverage is
  102  provided for any or all members of this group by s. 409.904(1).
  103         Section 2. This act shall take effect July 1, 2014.