Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1354
       
       
       
       
       
       
                                Ì9102581Î910258                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 2/WD/2R         .                                
             04/28/2014 06:51 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senators Soto and Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 364 and 365
    4  insert:
    5         Section 10. The Division of Law Revision and Information is
    6  directed to rename part II of chapter 409, Florida Statutes, as
    7  the “Florida Kidcare and Healthy Florida Programs.”
    8         Section 11. Section 409.811, Florida Statutes, is reordered
    9  and amended to read:
   10         409.811 Definitions relating to Florida Kidcare Act.—As
   11  used in this part ss. 409.810-409.821, the term:
   12         (1) “Actuarially equivalent” means that:
   13         (a) The aggregate value of the benefits included in health
   14  benefits coverage is equal to the value of the benefits in the
   15  benchmark benefit plan; and
   16         (b) The benefits included in health benefits coverage are
   17  substantially similar to the benefits included in the child
   18  benchmark benefit plan, except that preventive health services
   19  must be the same as in the benchmark benefit plan.
   20         (2) “Agency” means the Agency for Health Care
   21  Administration.
   22         (3) “Applicant” means:
   23         (a) A parent or guardian of a child or a child whose
   24  disability of nonage has been removed under chapter 743, who
   25  applies for a determination of eligibility for health benefits
   26  coverage under Florida Kidcare; or
   27         (b) An individual who applies for a determination of
   28  eligibility under Healthy Florida ss. 409.810-409.821.
   29         (5)(4) “Child benchmark benefit plan” means the form and
   30  level of health benefits coverage established under in s.
   31  409.815.
   32         (4)(5) “Child” means a any person younger than under 19
   33  years of age.
   34         (6) “Child with special health care needs” means a child
   35  whose serious or chronic physical or developmental condition
   36  requires extensive preventive and maintenance care beyond that
   37  required by typically healthy children. Health care utilization
   38  by such a child exceeds the statistically expected usage of the
   39  normal child adjusted for chronological age, and such a child
   40  often needs complex care requiring multiple providers,
   41  rehabilitation services, and specialized equipment in a number
   42  of different settings.
   43         (7) “Children’s Medical Services Network” or “network” has
   44  the same meaning means a statewide managed care service system
   45  as defined in s. 391.021(1).
   46         (8) “CHIP” means the Children’s Health Insurance Program as
   47  authorized under Title XXI of the Social Security Act,
   48  regulations adopted thereunder, and this part, and as
   49  administered in this state by the agency, the department, and
   50  the corporation pursuant to their respective jurisdictions.
   51         (8) “Community rate” means a method used to develop
   52  premiums for a health insurance plan that spreads financial risk
   53  across a large population and allows adjustments only for age,
   54  gender, family composition, and geographic area.
   55         (9) “Corporation” means the Florida Healthy Kids
   56  Corporation established under s. 409.8125.
   57         (10)(9) “Department” means the Department of Health.
   58         (11)(10) “Enrollee” means a child or adult who has been
   59  determined eligible for and is receiving coverage under this
   60  part ss. 409.810-409.821.
   61         (11) “Family” means the group or the individuals whose
   62  income is considered in determining eligibility for the Florida
   63  Kidcare program. The family includes a child with a parent or
   64  caretaker relative who resides in the same house or living unit
   65  or, in the case of a child whose disability of nonage has been
   66  removed under chapter 743, the child. The family may also
   67  include other individuals whose income and resources are
   68  considered in whole or in part in determining eligibility of the
   69  child.
   70         (12) “Family income” means cash received at periodic
   71  intervals from any source, such as wages, benefits,
   72  contributions, or rental property. Income also may include any
   73  money that would have been counted as income under the Aid to
   74  Families with Dependent Children (AFDC) state plan in effect
   75  prior to August 22, 1996.
   76         (12)(13) “Florida Kidcare Program,“Kidcare program,” or
   77  “program” means the health benefits program described in s.
   78  409.813 and administered under this part through ss. 409.810
   79  409.821.
   80         (13)(14) “Guarantee issue” means that health benefits
   81  coverage must be offered to an individual regardless of the
   82  individual’s health status, preexisting condition, or claims
   83  history.
   84         (14)(15) “Health benefits coverage” means protection that
   85  provides payment of benefits for covered health care services or
   86  that otherwise provides, either directly or through arrangements
   87  with other persons, covered health care services on a prepaid
   88  per capita basis or on a prepaid aggregate fixed-sum basis.
   89         (15)(16) “Health insurance plan” means health benefits
   90  coverage under the following:
   91         (a) A health plan offered by a any certified health
   92  maintenance organization or authorized health insurer, except
   93  for a plan that is limited to the following: a limited benefit,
   94  specified disease, or specified accident; hospital indemnity;
   95  accident only; limited benefit convalescent care; Medicare
   96  supplement; credit disability; dental; vision; long-term care;
   97  disability income; coverage issued as a supplement to another
   98  health plan; workers’ compensation liability or other insurance;
   99  or motor vehicle medical payment only; or
  100         (b) An employee welfare benefit plan that includes health
  101  benefits established under the Employee Retirement Income
  102  Security Act of 1974, as amended.
  103         (16) “Healthy Florida” means the program established under
  104  s. 409.822.
  105         (17) “Healthy Kids” means a component of Florida Kidcare
  106  created under s. 409.8125 for children who are 5 through 18
  107  years of age.
  108         (18) “Household income” has the same meaning as in s.
  109  36B(d)(2)(A) of the Internal Revenue Code of 1986 and applies to
  110  the individual or household whose income is being considered in
  111  determining eligibility for Florida Kidcare or Healthy Florida.
  112         (19)(17) “Medicaid” means the medical assistance program
  113  authorized by Title XIX of the Social Security Act, and
  114  regulations thereunder, and ss. 409.901-409.920, as administered
  115  in this state by the agency.
  116         (20)(18) “Medically necessary” means the use of any medical
  117  treatment, service, equipment, or supply necessary to palliate
  118  the effects of a terminal condition, or to prevent, diagnose,
  119  correct, cure, alleviate, or preclude deterioration of a
  120  condition that threatens life, causes pain or suffering, or
  121  results in illness or infirmity and which is:
  122         (a) Consistent with the symptom, diagnosis, and treatment
  123  of the enrollee’s condition;
  124         (b) Provided in accordance with generally accepted
  125  standards of medical practice;
  126         (c) Not primarily intended for the convenience of the
  127  enrollee, the enrollee’s family, or the health care provider;
  128         (d) The most appropriate level of supply or service for the
  129  diagnosis and treatment of the enrollee’s condition; and
  130         (e) Approved by the appropriate medical body or health care
  131  specialty involved as effective, appropriate, and essential for
  132  the care and treatment of the enrollee’s condition.
  133         (21)(19) “Medikids” means a component of the Florida
  134  Kidcare program of medical assistance authorized by Title XXI of
  135  the Social Security Act, and regulations thereunder, and s.
  136  409.8132, as administered in the state by the agency.
  137         (22)“Modified adjusted gross income” has the same meaning
  138  as in s. 36B(d)(2)(B) of the Internal Revenue Code of 1986 and
  139  applies to the individual or household whose income is being
  140  considered in determining eligibility for Florida Kidcare or
  141  Healthy Florida.
  142         (23) “Patient Protection and Affordable Care Act” means the
  143  federal law enacted as Pub. L. No. 111-148, as amended by the
  144  Health Care and Education Reconciliation Act of 2010, Pub. L.
  145  No. 111-152, and any regulations or guidance adopted or issued
  146  pursuant to those acts.
  147         (24)(20) “Preexisting condition exclusion” means, with
  148  respect to coverage, a limitation or exclusion of benefits
  149  relating to a condition based on the fact that the condition was
  150  present before the date of enrollment for such coverage,
  151  regardless of whether or not any medical advice, diagnosis,
  152  care, or treatment was recommended or received before such date.
  153         (25)(21) “Premium” means the entire cost of a health
  154  insurance plan, including the administration fee or the risk
  155  assumption charge.
  156         (26)(22) “Premium assistance payment” means the monthly
  157  consideration paid toward health insurance premiums by the
  158  agency per enrollee in the Florida Kidcare Program towards
  159  health insurance premiums.
  160         (27)(23) “Qualified alien” means an alien as defined in 8
  161  U.S.C. s. 1641 (b) and (c) s. 431 of the Personal Responsibility
  162  and Work Opportunity Reconciliation Act of 1996, as amended,
  163  Pub. L. No. 104-193.
  164         (28)(24) “Resident” means a United States citizen, or
  165  qualified alien, who is domiciled in this state.
  166         (29)(25) “Rural county” means a county having a population
  167  density of less than 100 persons per square mile, or a county
  168  defined by the most recent United States Census as rural, in
  169  which there was is no prepaid health plan participating in the
  170  Medicaid program as of July 1, 1998.
  171         (26) “Substantially similar” means that, with respect to
  172  additional services as defined in s. 2103(c)(2) of Title XXI of
  173  the Social Security Act, these services must have an actuarial
  174  value equal to at least 75 percent of the actuarial value of the
  175  coverage for that service in the benchmark benefit plan and,
  176  with respect to the basic services as defined in s. 2103(c)(1)
  177  of Title XXI of the Social Security Act, these services must be
  178  the same as the services in the benchmark benefit plan.
  179         Section 12. Section 624.91, Florida Statutes, is
  180  transferred and renumbered as section 409.8125, Florida
  181  Statutes, and is reordered and amended to read:
  182         409.8125 624.91 The Florida Healthy Kids Corporation Act.—
  183         (1) SHORT TITLE.—This section may be cited as the “William
  184  G. ‘Doc’ Myers Healthy Kids Corporation Act.”
  185         (2) LEGISLATIVE INTENT.—
  186         (a) The Legislature finds that increased access to health
  187  care services could improve children’s health and reduce the
  188  incidence and costs of childhood illness and disabilities among
  189  children in this state. Many children do not have comprehensive,
  190  affordable health care services available. It is the intent of
  191  the Legislature that the Florida Healthy Kids Corporation
  192  provide comprehensive health insurance coverage to such
  193  children. The corporation is encouraged to cooperate with any
  194  existing health service programs funded by the public or the
  195  private sector.
  196         (b) It is also the intent of the Legislature:
  197         (a) That the Florida Healthy Kids program, established and
  198  administered by the corporation, serve as one of several
  199  providers of services to children eligible for medical
  200  assistance under the federal Children’s Health Insurance Program
  201  (CHIP) Title XXI of the Social Security Act. Although Healthy
  202  Kids the corporation may serve other children, the Legislature
  203  intends that the primary enrollees recipients of services
  204  provided through the corporation be uninsured school-age
  205  children eligible for CHIP with a family income below 200
  206  percent of the federal poverty level, who do not qualify for
  207  Medicaid. It is also the intent of the Legislature that state
  208  and local government Florida Healthy Kids funds be used to
  209  continue coverage, subject to specific appropriations in the
  210  General Appropriations Act, to children not eligible for federal
  211  matching funds under CHIP Title XXI.
  212         (b) That the corporation administer and manage services for
  213  Healthy Florida, a health care program for uninsured adults,
  214  using a unique network of providers and contracts. Enrollees in
  215  Healthy Florida shall receive comprehensive health care services
  216  from private, licensed health insurers that meet standards
  217  established by the corporation. It is further the intent of the
  218  Legislature that these enrollees participate in their own health
  219  care decisionmaking and contribute financially toward their
  220  medical costs. The Legislature intends to provide an alternative
  221  benefit package that includes a full range of services that meet
  222  the needs of the residents of this state. As a new program, the
  223  Legislature intends that a comprehensive analysis be conducted
  224  to measure the overall impact of the program and evaluate
  225  whether the program should be renewed after an initial 3-year
  226  term.
  227         (6)(3) ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.—Only the
  228  following individuals are eligible for state-funded assistance
  229  in paying Florida Healthy Kids or Healthy Florida premiums:
  230         (a) Residents of this state who are eligible for the
  231  Florida Kidcare program pursuant to s. 409.814 or Healthy
  232  Florida pursuant to s. 409.822.
  233         (b) Notwithstanding s. 409.814, legal aliens who are
  234  enrolled in the Florida Healthy Kids program as of January 31,
  235  2004, who do not qualify for CHIP Title XXI federal funds
  236  because they are not qualified aliens as defined in s. 409.811.
  237         (7)(4) NONENTITLEMENT.—Nothing in This section does not
  238  provide shall be construed as providing an individual with an
  239  entitlement to health care services. No cause of action shall
  240  arise against the state, the Florida Healthy Kids corporation,
  241  or a unit of local government for failure to make health
  242  services available under this section.
  243         (3)(5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  244         (a) There is created The Florida Healthy Kids Corporation
  245  is hereby established as, a not-for-profit corporation.
  246         (b) The Florida Healthy Kids corporation shall:
  247         1. Arrange for the collection of any family, individual, or
  248  local contributions, or employer payment or premium, in an
  249  amount to be determined by the board of directors, to provide
  250  for payment of premiums for comprehensive insurance coverage and
  251  for the actual or estimated administrative expenses.
  252         2. Arrange for the collection of any voluntary
  253  contributions to provide for the payment of premiums for
  254  enrollees in Florida Kidcare or Healthy Florida program premiums
  255  for children who are not eligible for medical assistance under
  256  Title XIX or Title XXI of the Social Security Act.
  257         3. Subject to the provisions of s. 409.8134, accept
  258  voluntary supplemental local match contributions that comply
  259  with CHIP the requirements of Title XXI of the Social Security
  260  Act for the purpose of providing additional Florida Kidcare
  261  coverage in contributing counties under CHIP Title XXI.
  262         4. Establish the administrative and accounting procedures
  263  for the operation of the corporation.
  264         5. Establish, with consultation from appropriate
  265  professional organizations, standards for preventive health
  266  services and providers and comprehensive insurance benefits
  267  appropriate to children., provided that Such standards for rural
  268  areas may shall not require that limit primary care providers be
  269  to board-certified pediatricians.
  270         6. Determine eligibility for children seeking to
  271  participate in CHIP the Title XXI-funded components of the
  272  Florida Kidcare program consistent with the requirements
  273  specified in s. 409.814, as well as the non-Title-XXI-eligible
  274  children not eligible under CHIP as provided in subsection (6)
  275  (3).
  276         7. Establish procedures under which providers of local
  277  match to, applicants to, and participants in Healthy Kids or
  278  Healthy Families the program may have grievances reviewed by an
  279  impartial body and reported to the board of directors of the
  280  corporation.
  281         8. Establish participation criteria and, if appropriate,
  282  contract with an authorized insurer, health maintenance
  283  organization, or third-party administrator to provide
  284  administrative services to the corporation.
  285         9. Establish enrollment criteria that include penalties or
  286  30-day waiting periods of 30 days for reinstatement of coverage
  287  upon voluntary cancellation for nonpayment of family and
  288  individual premiums under the programs.
  289         10. Contract with authorized insurers or providers any
  290  provider of health care services who meet the, meeting standards
  291  established by the corporation, for the provision of
  292  comprehensive insurance coverage to participants. Such standards
  293  must shall include criteria under which the corporation may
  294  contract with more than one provider of health care services in
  295  program sites.
  296         a. Health plans shall be selected through a competitive bid
  297  process.
  298         b. The Florida Healthy Kids corporation shall purchase
  299  goods and services in the most cost-effective manner consistent
  300  with the delivery of quality medical care. The maximum
  301  administrative cost for a Florida Healthy Kids corporation
  302  contract is shall be 15 percent. For all health care contracts,
  303  the minimum medical loss ratio is for a Florida Healthy Kids
  304  Corporation contract shall be 85 percent. The calculations must
  305  use uniform financial data collected from all plans in a format
  306  established by the corporation and computed for each insurer on
  307  a statewide basis. Funds shall be classified in a manner
  308  consistent with 45 C.F.R. part 158 For dental contracts, the
  309  remaining compensation to be paid to the authorized insurer or
  310  provider under a Florida Healthy Kids Corporation contract shall
  311  be no less than an amount which is 85 percent of premium; to the
  312  extent any contract provision does not provide for this minimum
  313  compensation, this section shall prevail.
  314         c. The health plan selection criteria, and scoring system,
  315  and the scoring results must, shall be available upon request
  316  for inspection after the bids have been awarded.
  317         11. Establish disenrollment criteria if in the event local
  318  matching funds are insufficient to cover enrollments.
  319         12. Develop and implement a plan to publicize the Florida
  320  Kidcare and Healthy Florida program, the eligibility
  321  requirements of the programs program, and the procedures for
  322  enrollment in the programs program and to maintain public
  323  awareness of the corporation and the programs program.
  324         13. Secure staff necessary to properly administer the
  325  corporation. Staff costs shall be funded from state and local
  326  matching funds and such other private or public funds as become
  327  available. The board of directors shall determine the number of
  328  staff members necessary to administer the corporation.
  329         14. In consultation with the partner agencies, provide an
  330  annual a report on the Florida Kidcare program annually to the
  331  Governor, the Chief Financial Officer, the Commissioner of
  332  Education, the President of the Senate, the Speaker of the House
  333  of Representatives, and the Minority Leaders of the Senate and
  334  the House of Representatives.
  335         15. Provide information on a quarterly basis to the
  336  Legislature and the Governor which compares the costs and
  337  utilization of the full-pay enrolled population and the CHIP
  338  subsidized Title XXI-subsidized enrolled population in the
  339  Florida Kidcare program. The information, At a minimum, the
  340  information must include:
  341         a. The monthly enrollment and expenditure for full-pay
  342  enrollees in the Medikids and Florida Healthy Kids programs
  343  compared to the CHIP-subsidized Title XXI-subsidized enrolled
  344  population; and
  345         b. The costs and utilization by service of the full-pay
  346  enrollees in the Medikids and Florida Healthy Kids programs and
  347  the CHIP-subsidized Title XXI-subsidized enrolled population.
  348  
  349  By February 1, 2010, the Florida Healthy Kids Corporation shall
  350  provide a study to the Legislature and the Governor on premium
  351  impacts to the subsidized portion of the program from the
  352  inclusion of the full-pay program, which shall include
  353  recommendations on how to eliminate or mitigate possible impacts
  354  to the subsidized premiums.
  355         16. Notify all current full-pay enrollees of the
  356  availability of the exchange, as defined in the federal Patient
  357  Protection and Affordable Care Act, and how to access other
  358  affordable insurance options. New applications for full-pay
  359  coverage may not be accepted after September 30, 2014.
  360         17.16. Establish benefit packages that conform to the
  361  provisions of the Florida Kidcare program, as created under this
  362  part in ss. 409.810-409.821.
  363         (c) Coverage under the corporation’s programs program is
  364  secondary to any other available private coverage held by, or
  365  applicable to, the participant child or family member. Insurers
  366  under contract with the corporation are the payors of last
  367  resort and must coordinate benefits with any other third-party
  368  payor that may be liable for the participant’s medical care.
  369         (d) The Florida Healthy Kids corporation shall be a private
  370  corporation not for profit, registered, incorporated, and
  371  organized pursuant to chapter 617, and shall have all powers
  372  necessary to carry out the purposes of this section act,
  373  including, but not limited to, the power to receive and accept
  374  grants, loans, or advances of funds from any public or private
  375  agency and to receive and accept from any source contributions
  376  of money, property, labor, or any other thing of value, to be
  377  held, used, and applied for the purposes of this section act.
  378  The corporation and any committees it forms shall comply with
  379  part III of chapter 112 and chapters 119 and 286.
  380         (4)(6) BOARD OF DIRECTORS AND MANAGEMENT SUPERVISION.—
  381         (a) The Florida Healthy Kids corporation shall operate
  382  subject to the supervision and approval of a board of directors
  383  chaired by an appointee designated by the Governor Chief
  384  Financial Officer or her or his designee, and composed of 15 12
  385  other members. The Senate shall confirm the designated chair and
  386  other board appointees selected for 3-year terms of office as
  387  follows:
  388         1. The Secretary of Health Care Administration, or his or
  389  her designee, as an ex-officio member.
  390         2. The State Surgeon General, or his or her designee, as an
  391  ex-officio member One member appointed by the Commissioner of
  392  Education from the Office of School Health Programs of the
  393  Florida Department of Education.
  394         3. The Secretary of Children and Families, or his or her
  395  designee, as an ex-officio member One member appointed by the
  396  Chief Financial Officer from among three members nominated by
  397  the Florida Pediatric Society.
  398         4. Four members One member, appointed by the Governor, who
  399  represents the Children’s Medical Services Program.
  400         5. Two members One member appointed by the President of the
  401  Senate Chief Financial Officer from among three members
  402  nominated by the Florida Hospital Association.
  403         6. Two members One member, appointed by the Senate Minority
  404  Leader Governor, who is an expert on child health policy.
  405         7. Two members One member, appointed by the Speaker of the
  406  House of Representatives Chief Financial Officer, from among
  407  three members nominated by the Florida Academy of Family
  408  Physicians.
  409         8. Two members One member, appointed by the House Minority
  410  Leader Governor, who represents the state Medicaid program.
  411         9. One member, appointed by the Chief Financial Officer,
  412  from among three members nominated by the Florida Association of
  413  Counties.
  414         10. The State Health Officer or her or his designee.
  415         11. The Secretary of Children and Family Services, or his
  416  or her designee.
  417         12. One member, appointed by the Governor, from among three
  418  members nominated by the Florida Dental Association.
  419         (b) A member of the board of directors may be removed by
  420  the official who made the appointment appointed that member. The
  421  board shall appoint an executive director, who is responsible
  422  for other staff authorized by the board.
  423         (c) Board members are entitled to receive, from funds of
  424  the corporation, reimbursement for per diem and travel expenses
  425  as provided by s. 112.061.
  426         (d) There is shall be no liability on the part of, and no
  427  cause of action shall arise against, any member of the board of
  428  directors, or its employees or agents, for any action they take
  429  in the performance of their powers and duties under this act.
  430         (e) Board members who are serving on or before the
  431  effective date of this act or similar legislation may remain
  432  until July 1, 2015.
  433         (f) An executive steering committee is created to provide
  434  direction and support to management and to make recommendations
  435  to the board on programs. The steering committee consists of the
  436  Secretary of Health Care Administration, the Secretary of
  437  Children and Families, and the State Surgeon General, who may
  438  not delegate their membership or attendance.
  439         (5)(7) LICENSING NOT REQUIRED; FISCAL OPERATION.—
  440         (a) The corporation is shall not be deemed an insurer. The
  441  officers, directors, and employees of the corporation may shall
  442  not be deemed to be agents of an insurer. Neither the
  443  corporation nor any officer, director, or employee of the
  444  corporation is subject to the licensing requirements of the
  445  insurance code or the rules of the Department of Financial
  446  Services or the Office of Insurance Regulation. However, any
  447  marketing representative used utilized and compensated by the
  448  corporation must be appointed as a representative of the
  449  insurers or health services providers with which the corporation
  450  contracts.
  451         (b) The board has complete fiscal control over the
  452  corporation and is responsible for all corporate operations.
  453         (c) The Department of Financial Services shall supervise
  454  any liquidation or dissolution of the corporation and shall
  455  have, with respect to such liquidation or dissolution, shall
  456  have all power granted to it pursuant to the insurance code.
  457         Section 13. Section 409.813, Florida Statutes, is amended
  458  to read:
  459         409.813 Health benefits coverage; program components;
  460  entitlement and nonentitlement.—
  461         (1) The Florida Kidcare program includes health benefits
  462  coverage provided to children through the following program
  463  components, which shall be marketed as the Florida Kidcare
  464  program:
  465         (a) Medicaid;
  466         (b) Medikids as created in s. 409.8132;
  467         (c) The Florida Healthy Kids Corporation as created in s.
  468  409.8125 s. 624.91; and
  469         (d) Employer-sponsored group health insurance plans
  470  approved under ss. 409.810-409.821; and
  471         (d)(e) The Children’s Medical Services network established
  472  in chapter 391.
  473         (2) Except for CHIP-funded Title XIX-funded Florida Kidcare
  474  program coverage under the Medicaid program, coverage under the
  475  Florida Kidcare program is not an entitlement. No cause of
  476  action shall arise against the state, the department, the
  477  Department of Children and Families Family Services, or the
  478  agency, or the corporation for failure to make health services
  479  available to any person under this part ss. 409.810-409.821.
  480         Section 14. Subsections (6) and (7) of section 409.8132,
  481  Florida Statutes, are amended to read:
  482         409.8132 Medikids program component.—
  483         (6) ELIGIBILITY.—
  484         (a) A child who has attained the age of 1 year but who is
  485  under the age of 5 years is eligible to enroll in the Medikids
  486  program component of the Florida Kidcare program, if the child
  487  is a member of a family that has a household family income
  488  greater than which exceeds the Medicaid applicable income level
  489  as specified in s. 409.903, but which is equal to or below 200
  490  percent of the current federal poverty level. In determining the
  491  eligibility of such a child, an assets test is not required. A
  492  child who is eligible for Medikids may elect to enroll in
  493  Florida Healthy Kids coverage or employer-sponsored group
  494  coverage. However, a child who is eligible for Medikids may
  495  participate in the Florida Healthy Kids Program only if the
  496  child has a sibling participating in the Florida Healthy Kids
  497  Program and the child’s county of residence permits such
  498  enrollment.
  499         (b) The provisions of s. 409.814 apply to the Medikids
  500  program.
  501         (7) ENROLLMENT.—Enrollment in the Medikids program
  502  component may occur at any time throughout the year. A child may
  503  not receive services under the Medikids program until the child
  504  is enrolled in a managed care plan or MediPass. Once determined
  505  eligible, an applicant may receive choice counseling and select
  506  a managed care plan or MediPass. The agency may initiate
  507  mandatory assignment for a Medikids applicant who has not chosen
  508  a managed care plan or MediPass provider after the applicant’s
  509  voluntary choice period ends. An applicant may select MediPass
  510  under the Medikids program component only in counties that have
  511  fewer than two managed care plans available to serve Medicaid
  512  recipients and only if the federal Health Care Financing
  513  Administration determines that MediPass constitutes “health
  514  insurance coverage” as defined in Title XXI of the Social
  515  Security Act.
  516         Section 15. Subsection (2) of section 409.8134, Florida
  517  Statutes, is amended to read:
  518         409.8134 Program expenditure ceiling; enrollment.—
  519         (2) The Florida Kidcare program may conduct enrollment
  520  continuously throughout the year.
  521         (a) Children eligible for coverage under the CHIP-funded
  522  Title XXI-funded Florida Kidcare program shall be enrolled on a
  523  first-come, first-served basis using the date the enrollment
  524  application is received. Enrollment shall immediately cease when
  525  the expenditure ceiling is reached. Year-round enrollment shall
  526  only be held only if the Social Services Estimating Conference
  527  determines that sufficient federal and state funds will be
  528  available to finance the increased enrollment.
  529         (b)An The application for the Florida Kidcare program is
  530  valid for a period of 120 days after the date it was received.
  531  At the end of the 120-day period, If the applicant has not been
  532  enrolled in the program by the end of the 120-day period, the
  533  application is invalid and the applicant shall be notified of
  534  the action. The applicant may reactivate the application after
  535  notification of the action taken by the program.
  536         (c) Except for the Medicaid program, if whenever the Social
  537  Services Estimating Conference determines that there are
  538  presently, or will be by the end of the current fiscal year will
  539  be, insufficient funds to finance the current or projected
  540  enrollment in the Florida Kidcare program, all additional
  541  enrollment must cease and additional enrollment may not resume
  542  until sufficient funds are available to finance such enrollment.
  543         Section 16. Section 409.814, Florida Statutes, is amended
  544  to read:
  545         409.814 Eligibility.—A child who has not reached 19 years
  546  of age whose household family income is equal to or below 200
  547  percent of the federal poverty level is eligible for the Florida
  548  Kidcare program as provided in this section. If an enrolled
  549  individual is determined to be ineligible for coverage, he or
  550  she must be immediately disenrolled from the respective Florida
  551  Kidcare program component and referred to another affordable
  552  insurance program.
  553         (1) A child who is eligible for Medicaid coverage under s.
  554  409.903 or s. 409.904 must be offered an opportunity to enroll
  555  enrolled in Medicaid and is not eligible to receive health
  556  benefits under any other health benefits coverage authorized
  557  under the Florida Kidcare program. A child who is eligible for
  558  Medicaid and opts to enroll in CHIP may disenroll from CHIP at
  559  any time and transition to Medicaid. Such transition must occur
  560  without a break in coverage.
  561         (2) A child who is not eligible for Medicaid, but who is
  562  eligible for another component of the Florida Kidcare program,
  563  may obtain health benefits coverage under any of the other
  564  components listed in s. 409.813 if such coverage is approved and
  565  available in the county in which the child resides.
  566         (3) A CHIP-funded Title XXI-funded child who is eligible
  567  for the Florida Kidcare program who is a child with special
  568  health care needs, as determined through a medical or behavioral
  569  screening instrument, is eligible for health benefits coverage
  570  from, and shall be assigned to, and may opt out of the
  571  Children’s Medical Services Network.
  572         (4) The following children are not eligible to receive
  573  CHIP-funded Title XXI-funded premium assistance for health
  574  benefits coverage under the Florida Kidcare program, except
  575  under Medicaid if the child would have been eligible for
  576  Medicaid under s. 409.903 or s. 409.904 as of June 1, 1997:
  577         (a) A child who is covered under a family member’s group
  578  health benefit plan or under other private or employer health
  579  insurance coverage, if the cost of the child’s participation is
  580  not greater than 5 percent of the household family’s income. If
  581  a child is otherwise eligible for a subsidy under the Florida
  582  Kidcare program and the cost of the child’s participation in the
  583  family member’s health insurance benefit plan is greater than 5
  584  percent of the household family’s income, the child may enroll
  585  in the appropriate subsidized Florida Kidcare program component.
  586         (b) A child who is seeking premium assistance for the
  587  Florida Kidcare program through employer-sponsored group
  588  coverage, if the child has been covered by the same employer’s
  589  group coverage during the 60 days before the family submitted an
  590  application for determination of eligibility under the program.
  591         (b)(c) A child who is an alien, but who does not meet the
  592  definition of qualified alien, in the United States.
  593         (c)(d) A child who is an inmate of a public institution or
  594  a patient in an institution for mental diseases.
  595         (d)(e) A child who is otherwise eligible for premium
  596  assistance for the Florida Kidcare program and has had his or
  597  her coverage in an employer-sponsored or private health benefit
  598  plan voluntarily canceled in the last 60 days, except those
  599  children whose coverage was voluntarily canceled for good cause,
  600  including, but not limited to, the following circumstances:
  601         1. The cost of participation in an employer-sponsored
  602  health benefit plan is greater than 5 percent of the household’s
  603  modified adjusted gross family’s income;
  604         2. The parent lost a job that provided an employer
  605  sponsored health benefit plan for children;
  606         3. The parent who had health benefits coverage for the
  607  child is deceased;
  608         4. The child has a medical condition that, without medical
  609  care, would cause serious disability, loss of function, or
  610  death;
  611         5. The employer of the parent canceled health benefits
  612  coverage for children;
  613         6. The child’s health benefits coverage ended because the
  614  child reached the maximum lifetime coverage amount;
  615         7. The child has exhausted coverage under a COBRA
  616  continuation provision;
  617         8. The health benefits coverage does not cover the child’s
  618  health care needs; or
  619         9. Domestic violence led to loss of coverage.
  620         (5) A child who is otherwise eligible for the Florida
  621  Kidcare program and who has a preexisting condition that
  622  prevents coverage under another insurance plan as described in
  623  paragraph (4)(a) which would have disqualified the child for the
  624  Florida Kidcare program if the child were able to enroll in the
  625  plan is eligible for Florida Kidcare coverage when enrollment is
  626  possible.
  627         (5)(6) A child whose household’s modified adjusted gross
  628  family income is above 200 percent of the federal poverty level
  629  or a child who is excluded under the provisions of subsection
  630  (4) may participate in the Florida Kidcare program as provided
  631  in s. 409.8132 or, if the child is ineligible for Medikids by
  632  reason of age, in the Florida Healthy Kids program, subject to
  633  the following:
  634         (a) The family is not eligible for premium assistance
  635  payments and must pay the full cost of the premium, including
  636  any administrative costs.
  637         (b) The board of directors of the Florida Healthy Kids
  638  Corporation may offer a reduced benefit package to these
  639  children in order to limit program costs for such families.
  640         (c) The corporation shall notify all current full-pay
  641  enrollees of the availability of the exchange and how to access
  642  other affordable insurance options.
  643         (6)(7) Once a child is enrolled in the Florida Kidcare
  644  program, the child is eligible for coverage for 12 months
  645  without a redetermination or reverification of eligibility, if
  646  the family continues to pay the applicable premium. Eligibility
  647  for program components funded through CHIP Title XXI of the
  648  Social Security Act terminates when a child attains the age of
  649  19. A child who has not attained the age of 5 and who has been
  650  determined eligible for the Medicaid program is eligible for
  651  coverage for 12 months without a redetermination or
  652  reverification of eligibility.
  653         (7)(8) When determining or reviewing a child’s eligibility
  654  under the Florida Kidcare Program, the applicant shall be
  655  provided with reasonable notice of changes in eligibility which
  656  may affect enrollment in one or more of the program components.
  657  If a transition from one program component to another is
  658  authorized, there must shall be cooperation between the program
  659  components and the affected family which promotes continuity of
  660  health care coverage. Any authorized transfers must be managed
  661  within the program’s overall appropriated or authorized levels
  662  of funding. Each component of the program shall establish a
  663  reserve to ensure that transfers between components are will be
  664  accomplished within current year appropriations. These reserves
  665  shall be reviewed by each convening of the Social Services
  666  Estimating Conference to determine their the adequacy of such
  667  reserves to meet actual experience.
  668         (8)(9) In determining the eligibility of a child, an assets
  669  test is not required. Each applicant shall provide documentation
  670  during the application process and the redetermination process,
  671  including, but not limited to, the following:
  672         (a) Proof of household family income, which must be
  673  verified electronically to determine financial eligibility for
  674  the Florida Kidcare program. Written documentation, which may
  675  include wages and earnings statements or pay stubs, W-2 forms,
  676  or a copy of the applicant’s most recent federal income tax
  677  return, is required only if the electronic verification is not
  678  available or does not substantiate the applicant’s income.
  679         (b)  A statement from all applicable, employed household
  680  family members that:
  681         1. Their employers do not sponsor health benefit plans for
  682  employees;
  683         2. The potential enrollee is not covered by an employer
  684  sponsored health benefit plan; or
  685         3. The potential enrollee is covered by an employer
  686  sponsored health benefit plan and the cost of the employer
  687  sponsored health benefit plan is more than 5 percent of the
  688  household’s modified adjusted gross family’s income.
  689         (c) To enroll in the Children’s Medical Services Network, a
  690  completed application, including a clinical screening.
  691         (d) Eligibility shall be determined through electronic
  692  matching using the federally managed data services hub and other
  693  resources. Written documentation from the applicant may be
  694  accepted if the electronic verification does not substantiate
  695  the applicant’s income or if there has been a change in
  696  circumstances.
  697         (9)(10) Subject to paragraph (4)(a), the Florida Kidcare
  698  program shall withhold benefits from an enrollee if the program
  699  obtains evidence that the enrollee is no longer eligible,
  700  submitted incorrect or fraudulent information in order to
  701  establish eligibility, or failed to provide verification of
  702  eligibility. The applicant or enrollee shall be notified that
  703  because of such evidence, program benefits will be withheld
  704  unless the applicant or enrollee contacts a designated
  705  representative of the program by a specified date, which must be
  706  within 10 working days after the date of notice, to discuss and
  707  resolve the matter. The program shall make every effort to
  708  resolve the matter within a timeframe that does will not cause
  709  benefits to be withheld from an eligible enrollee.
  710         (10)(11) The following individuals may be subject to
  711  prosecution in accordance with s. 414.39:
  712         (a) An applicant obtaining or attempting to obtain benefits
  713  for a potential enrollee under the Florida Kidcare if program
  714  when the applicant knows or should have known the potential
  715  enrollee does not qualify for the Florida Kidcare program.
  716         (b) An individual who assists an applicant in obtaining or
  717  attempting to obtain benefits for a potential enrollee under the
  718  Florida Kidcare if program when the individual knows or should
  719  have known the potential enrollee does not qualify for the
  720  Florida Kidcare program.
  721         Section 17. Subsection (2) of section 409.815, Florida
  722  Statutes, is amended to read:
  723         409.815 Health benefits coverage; limitations.—
  724         (2) BENCHMARK BENEFITS.—In order for health benefits
  725  coverage to qualify for premium assistance payments for an
  726  eligible child under this part ss. 409.810-409.821, the health
  727  benefits coverage, except for coverage under Medicaid and
  728  Medikids, must include the following minimum benefits, as
  729  medically necessary.
  730         (a) Preventive health services.—Covered services include:
  731         1. Well-child care, including services recommended in the
  732  Guidelines for Health Supervision of Children and Youth as
  733  developed by the American Academy of Pediatrics;
  734         2. Immunizations and injections;
  735         3. Health education counseling and clinical services;
  736         4. Vision screening; and
  737         5. Hearing screening.
  738         (b) Inpatient hospital services.—All covered services
  739  provided for the medical care and treatment of an enrollee who
  740  is admitted as an inpatient to a hospital licensed under part I
  741  of chapter 395, with the following exceptions:
  742         1. All admissions must be authorized by the enrollee’s
  743  health benefits coverage provider.
  744         2. The length of the patient stay shall be determined based
  745  on the medical condition of the enrollee in relation to the
  746  necessary and appropriate level of care.
  747         3. Room and board may be limited to semiprivate
  748  accommodations, unless a private room is considered medically
  749  necessary or semiprivate accommodations are not available.
  750         4. Admissions for rehabilitation and physical therapy are
  751  limited to 15 days per contract year.
  752         (c) Emergency services.—Covered services include visits to
  753  an emergency room or other licensed facility if needed
  754  immediately due to an injury or illness and delay means risk of
  755  permanent damage to the enrollee’s health. Health maintenance
  756  organizations must shall comply with the provisions of s.
  757  641.513.
  758         (d) Maternity services.—Covered services include maternity
  759  and newborn care, including prenatal and postnatal care, with
  760  the following limitations:
  761         1. Coverage may be limited to the fee for vaginal
  762  deliveries; and
  763         2. Initial inpatient care for newborn infants of enrolled
  764  adolescents is shall be covered, including normal newborn care,
  765  nursery charges, and the initial pediatric or neonatal
  766  examination, and the infant may be covered for up to 3 days
  767  following birth.
  768         (e) Organ transplantation services.—Covered services
  769  include pretransplant, transplant, and postdischarge services
  770  and treatment of complications after transplantation if for
  771  transplants deemed necessary and appropriate within the
  772  guidelines set by the Organ Transplant Advisory Council under s.
  773  765.53 or the Bone Marrow Transplant Advisory Panel under s.
  774  627.4236.
  775         (f)  Outpatient services.—Covered services include
  776  preventive, diagnostic, therapeutic, palliative care, and other
  777  services provided to an enrollee in the outpatient portion of a
  778  health facility licensed under chapter 395, except for the
  779  following limitations:
  780         1. Services must be authorized by the enrollee’s health
  781  benefits coverage provider; and
  782         2. Treatment for temporomandibular joint disease (TMJ) is
  783  specifically excluded.
  784         (g) Behavioral health services.—
  785         1. Mental health benefits include:
  786         a. Inpatient services, limited to 30 inpatient days per
  787  contract year for psychiatric admissions, or residential
  788  services in facilities licensed under s. 394.875(6) or s.
  789  395.003 in lieu of inpatient psychiatric admissions; however, a
  790  minimum of 10 of the 30 days shall be available only for
  791  inpatient psychiatric services if authorized by a physician; and
  792         b. Outpatient services, including outpatient visits for
  793  psychological or psychiatric evaluation, diagnosis, and
  794  treatment by a licensed mental health professional, limited to
  795  40 outpatient visits each contract year.
  796         2. Substance abuse services include:
  797         a. Inpatient services, limited to 7 inpatient days per
  798  contract year for medical detoxification only and 30 days of
  799  residential services; and
  800         b. Outpatient services, including evaluation, diagnosis,
  801  and treatment by a licensed practitioner, limited to 40
  802  outpatient visits per contract year.
  803  
  804  Effective October 1, 2009, Covered services include inpatient
  805  and outpatient services for mental and nervous disorders as
  806  defined in the most recent edition of the Diagnostic and
  807  Statistical Manual of Mental Disorders published by the American
  808  Psychiatric Association. Such benefits include psychological or
  809  psychiatric evaluation, diagnosis, and treatment by a licensed
  810  mental health professional and inpatient, outpatient, and
  811  residential treatment of substance abuse disorders. Any benefit
  812  limitations, including duration of services, number of visits,
  813  or number of days for hospitalization or residential services,
  814  may shall not be any less favorable than those for physical
  815  illnesses generally. The program may also implement appropriate
  816  financial incentives, peer review, utilization requirements, and
  817  other methods used for the management of benefits provided for
  818  other medical conditions in order to reduce service costs and
  819  utilization without compromising quality of care.
  820         (h) Durable medical equipment.—Covered services include
  821  equipment and devices that are medically indicated to assist in
  822  the treatment of a medical condition and specifically prescribed
  823  as medically necessary, with the following limitations:
  824         1. Low-vision and telescopic aids aides are not included.
  825         2. Corrective lenses and frames may be limited to one pair
  826  every 2 years, unless the prescription or head size of the
  827  enrollee changes.
  828         3. Hearing aids are shall be covered only if when medically
  829  indicated to assist in the treatment of a medical condition.
  830         4. Covered prosthetic devices include artificial eyes and
  831  limbs, braces, and other artificial aids.
  832         (i) Health practitioner services.—Covered services include
  833  services and procedures rendered to an enrollee if when
  834  performed to diagnose and treat diseases, injuries, or other
  835  conditions, including care rendered by health practitioners
  836  acting within the scope of their practice, with the following
  837  exceptions:
  838         1. Chiropractic services shall be provided in the same
  839  manner as under in the Florida Medicaid program.
  840         2. Podiatric services may be limited to one visit per day
  841  totaling two visits per month for specific foot disorders.
  842         (j) Home health services.—Covered services include
  843  prescribed home visits by both registered and licensed practical
  844  nurses to provide skilled nursing services on a part-time
  845  intermittent basis, subject to the following limitations:
  846         1. Coverage may be limited to include skilled nursing
  847  services only;
  848         2. Meals, housekeeping, and personal comfort items may be
  849  excluded; and
  850         3. Private duty nursing is limited to circumstances where
  851  such care is medically necessary.
  852         (k) Hospice services.—Covered services include reasonable
  853  and necessary services for palliation or management of an
  854  enrollee’s terminal illness, with the following exceptions:
  855         1. Once a family elects to receive hospice care for an
  856  enrollee, other services that treat the terminal condition will
  857  not be covered; and
  858         2. Services required for conditions totally unrelated to
  859  the terminal condition are covered to the extent that the
  860  services are included in this section.
  861         (l) Laboratory and X-ray services.—Covered services include
  862  diagnostic testing, including clinical radiologic, laboratory,
  863  and other diagnostic tests.
  864         (m)  Nursing facility services.—Covered services include
  865  regular nursing services, rehabilitation services, drugs and
  866  biologicals, medical supplies, and the use of appliances and
  867  equipment furnished by the facility, with the following
  868  limitations:
  869         1. All admissions must be authorized by the health benefits
  870  coverage provider.
  871         2. The length of the patient stay shall be determined based
  872  on the medical condition of the enrollee in relation to the
  873  necessary and appropriate level of care, but is limited to not
  874  more than 100 days per contract year.
  875         3. Room and board may be limited to semiprivate
  876  accommodations, unless a private room is considered medically
  877  necessary or semiprivate accommodations are not available.
  878         4. Specialized treatment centers and independent kidney
  879  disease treatment centers are excluded.
  880         5. Private duty nurses, television, and custodial care are
  881  excluded.
  882         6. Admissions for rehabilitation and physical therapy are
  883  limited to 15 days per contract year.
  884         (n) Prescribed drugs.—
  885         1. Coverage includes shall include drugs prescribed for the
  886  treatment of illness or injury if when prescribed by a licensed
  887  health practitioner acting within the scope of his or her
  888  practice.
  889         2. Prescribed drugs may be limited to generics if available
  890  and brand name products if a generic substitution is not
  891  available, unless the prescribing licensed health practitioner
  892  indicates that a brand name is medically necessary.
  893         3. Prescribed drugs covered under this section shall
  894  include all prescribed drugs covered under the Florida Medicaid
  895  program.
  896         (o) Therapy services.—Covered services include
  897  rehabilitative services, including occupational, physical,
  898  respiratory, and speech therapies, with the following
  899  limitations:
  900         1. Services must be for short-term rehabilitation where
  901  significant improvement in the enrollee’s condition will result;
  902  and
  903         2. Services are shall be limited to not more than 24
  904  treatment sessions within a 60-day period per episode or injury,
  905  with the 60-day period beginning with the first treatment.
  906         (p) Transportation services.—Covered services include
  907  emergency transportation required in response to an emergency
  908  situation.
  909         (q) Dental services.Effective October 1, 2009, Dental
  910  services are shall be covered as required under federal law and
  911  may also include those dental benefits provided to children by
  912  the Florida Medicaid program under s. 409.906(6).
  913         (r) Lifetime maximum.—Health benefits coverage obtained
  914  under this part ss. 409.810-409.820 shall pay an enrollee’s
  915  covered expenses at a lifetime maximum of $1 million per covered
  916  child.
  917         (s) Cost sharing.—Cost-sharing provisions must comply with
  918  s. 409.816.
  919         (t) Exclusions.—
  920         1. Experimental or investigational procedures that have not
  921  been clinically proven by reliable evidence are excluded;
  922         2. Services performed for cosmetic purposes only or for the
  923  convenience of the enrollee are excluded; and
  924         3. Abortion may be covered only if necessary to save the
  925  life of the mother or if the pregnancy is the result of an act
  926  of rape or incest.
  927         (u) Enhancements to minimum requirements.—
  928         1. This section sets the minimum benefits that must be
  929  included in any health benefits coverage, other than Medicaid or
  930  Medikids coverage, offered under this part ss. 409.810-409.821.
  931  Health benefits coverage may include additional benefits not
  932  included under this subsection, but may not include benefits
  933  excluded under paragraph (s).
  934         2. Health benefits coverage may extend any limitations
  935  beyond the minimum benefits described in this section.
  936  
  937  Except for the Children’s Medical Services Network, the agency
  938  may not increase the premium assistance payment for either
  939  additional benefits provided beyond the minimum benefits
  940  described in this section or the imposition of less restrictive
  941  service limitations.
  942         (v) Applicability of other state laws.—Health insurers,
  943  health maintenance organizations, and their agents are subject
  944  to the provisions of the Florida Insurance Code, except for any
  945  such provisions waived under in this section.
  946         1. Except as expressly provided in this section, a law
  947  requiring coverage for a specific health care service or
  948  benefit, or a law requiring reimbursement, utilization, or
  949  consideration of a specific category of licensed health care
  950  practitioner, does not apply to a health insurance plan policy
  951  or contract offered or delivered under this part ss. 409.810
  952  409.821 unless that law is made expressly applicable to such
  953  policies or contracts.
  954         2. Notwithstanding chapter 641, a health maintenance
  955  organization may issue contracts providing benefits equal to,
  956  exceeding, or actuarially equivalent to the benchmark benefit
  957  plan authorized by this section and may pay providers located in
  958  a rural county negotiated fees or Medicaid reimbursement rates
  959  for services provided to enrollees who are residents of the
  960  rural county.
  961         (w) Reimbursement of federally qualified health centers and
  962  rural health clinics.Effective October 1, 2009, Payments for
  963  services provided to enrollees by federally qualified health
  964  centers and rural health clinics under this section shall be
  965  reimbursed using the Medicaid Prospective Payment System as
  966  provided for under s. 2107(e)(1)(D) of the Social Security Act.
  967  If such services are paid for by health insurers or health care
  968  providers under contract with the Florida Healthy Kids
  969  corporation, such entities are responsible for this payment. The
  970  agency may seek any available federal grants to assist with this
  971  transition.
  972         Section 18. Section 409.816, Florida Statutes, is amended
  973  to read:
  974         409.816 Limitations on premiums and cost sharing.—The
  975  following limitations on premiums and cost sharing are
  976  established for the program.
  977         (1) Enrollees who receive coverage under the Medicaid
  978  program may not be required to pay:
  979         (a) Enrollment fees, premiums, or similar charges; or
  980         (b) Copayments, deductibles, coinsurance, or similar
  981  charges.
  982         (2) Enrollees in households that have families with a
  983  modified adjusted gross family income equal to or below 150
  984  percent of the federal poverty level, who are not receiving
  985  coverage under the Medicaid program, are may not be required to
  986  pay:
  987         (a) Enrollment fees, premiums, or similar charges that
  988  exceed the maximum monthly charge permitted under s. 1916(b)(1)
  989  of the Social Security Act; or
  990         (b) Copayments, deductibles, coinsurance, or similar
  991  charges that exceed a nominal amount, as determined consistent
  992  with regulations referred to in s. 1916(a)(3) of the Social
  993  Security Act. However, such charges may not be imposed for
  994  preventive services, including well-baby and well-child care,
  995  age-appropriate immunizations, and routine hearing and vision
  996  screenings.
  997         (3) Enrollees in households that have families with a
  998  modified adjusted gross family income above 150 percent of the
  999  federal poverty level who are not receiving coverage under the
 1000  Medicaid program or who are not eligible under s. 409.814(5) s.
 1001  409.814(6) may be required to pay enrollment fees, premiums,
 1002  copayments, deductibles, coinsurance, or similar charges on a
 1003  sliding scale related to income, except that the total annual
 1004  aggregate cost sharing with respect to all children in a
 1005  household family may not exceed 5 percent of the household’s
 1006  modified adjusted family’s income. However, copayments,
 1007  deductibles, coinsurance, or similar charges may not be imposed
 1008  for preventive services, including well-baby and well-child
 1009  care, age-appropriate immunizations, and routine hearing and
 1010  vision screenings.
 1011         Section 19. Section 409.817, Florida Statutes, is repealed.
 1012         Section 20. Section 409.8175, Florida Statutes, is
 1013  repealed.
 1014         Section 21. Subsection (1) of section 409.8177, Florida
 1015  Statutes, is amended to read:
 1016         409.8177 Program evaluation.—
 1017         (1) The agency, in consultation with the Department of
 1018  Health, the Department of Children and Families Family Services,
 1019  and the Florida Healthy Kids corporation, shall contract for an
 1020  evaluation of the Florida Kidcare program and shall by January 1
 1021  of each year submit to the Governor, the President of the
 1022  Senate, and the Speaker of the House of Representatives a report
 1023  of the program. In addition to the items specified under s. 2108
 1024  of Title XXI of the Social Security Act, the report shall
 1025  include an assessment of crowd-out and access to health care, as
 1026  well as the following:
 1027         (a) An assessment of the operation of the program,
 1028  including the progress made in reducing the number of uncovered
 1029  low-income children.
 1030         (b) An assessment of the effectiveness in increasing the
 1031  number of children with creditable health coverage, including an
 1032  assessment of the impact of outreach.
 1033         (c) The characteristics of the children and families
 1034  assisted under the program, including ages of the children,
 1035  household family income, and access to or coverage by other
 1036  health insurance before enrolling in prior to the program and
 1037  after disenrollment from the program.
 1038         (d) The quality of health coverage provided, including the
 1039  types of benefits provided.
 1040         (e) The amount and level, including payment of part or all
 1041  of any premium, of assistance provided.
 1042         (f) The average length of coverage of a child under the
 1043  program.
 1044         (g) The program’s choice of health benefits coverage and
 1045  other methods used for providing child health assistance.
 1046         (h) The sources of nonfederal funding used in the program.
 1047         (i) An assessment of the effectiveness of the Florida
 1048  Kidcare program, including Medicaid, the Florida Healthy Kids
 1049  program, Medikids, and the Children’s Medical Services Network,
 1050  and other public and private programs in the state in increasing
 1051  the availability of affordable quality health insurance and
 1052  health care for children.
 1053         (j) A review and assessment of state activities to
 1054  coordinate the program with other public and private programs.
 1055         (k) An analysis of changes and trends in the state that
 1056  affect the provision of health insurance and health care to
 1057  children.
 1058         (l) A description of any plans the state has for improving
 1059  the availability of health insurance and health care for
 1060  children.
 1061         (m) Recommendations for improving the program.
 1062         (n) Other studies as necessary.
 1063         Section 22. Section 409.818, Florida Statutes, is amended
 1064  to read:
 1065         409.818 Administration.—In order to administer this part
 1066  implement ss. 409.810-409.821, the following agencies shall have
 1067  the following duties:
 1068         (1) The Department of Children and Families Family Services
 1069  shall:
 1070         (a) Maintain Develop a simplified eligibility determination
 1071  and renewal process application mail-in form to be used for
 1072  determining the eligibility of children for coverage under the
 1073  Florida Kidcare program, in consultation with the agency, the
 1074  Department of Health, and the Florida Healthy Kids corporation.
 1075  The simplified eligibility process application form must include
 1076  an item that provides an opportunity for the applicant to
 1077  indicate whether coverage is being sought for a child with
 1078  special health care needs. Families applying for children’s
 1079  Medicaid coverage must also be able to use the simplified
 1080  application process form without having to pay a premium.
 1081         (b) Establish and maintain the eligibility determination
 1082  process under the program except as specified in subsection (3),
 1083  which includes the following: (5).
 1084         1. The department shall directly, or through the services
 1085  of a contracted third-party administrator, establish and
 1086  maintain a process to be for determining eligibility of children
 1087  for coverage under the program. The eligibility determination
 1088  process must be used solely for determining the eligibility of
 1089  applicants for health benefits coverage under the program. The
 1090  eligibility determination process must include an initial
 1091  determination of eligibility for any coverage offered under the
 1092  program, as well as a redetermination or reverification of
 1093  eligibility each subsequent 6 months. Effective January 1, 1999,
 1094  A child who has not attained the age of 5 years of age and who
 1095  has been determined eligible for the Medicaid program is
 1096  eligible for coverage for 12 months without a redetermination or
 1097  reverification of eligibility. In conducting an eligibility
 1098  determination, the department shall determine if the child has
 1099  special health care needs.
 1100         2. The department, in consultation with the agency for
 1101  Health Care Administration and the Florida Healthy Kids
 1102  corporation, shall develop procedures for redetermining
 1103  eligibility which enable applicants and enrollees a family to
 1104  easily update any change in circumstances which could affect
 1105  eligibility.
 1106         3. The department may accept changes in a family’s status
 1107  as reported to the department by the Florida Healthy Kids
 1108  corporation or the exchange as defined under the Patient
 1109  Protection and Affordable Care Act without requiring a new
 1110  application from the family. Redetermination of a child’s
 1111  eligibility for Medicaid may not be linked to a child’s
 1112  eligibility determination for other programs.
 1113         4. The department, in consultation with the agency and the
 1114  corporation, shall develop a combined eligibility notice to
 1115  inform applicants or enrollees of their application or renewal
 1116  status, as appropriate. By January 1, 2015, the content of the
 1117  notice must be coordinated to meet all federal and state law and
 1118  regulatory requirements under the federal Patient Protection and
 1119  Affordable Care Act. The notice shall be issued by the last
 1120  agency or department to make an eligibility, renewal, or denial
 1121  determination.
 1122         (c) Inform program applicants about eligibility
 1123  determinations and provide information about eligibility of
 1124  applicants to the Florida Kidcare program and to insurers and
 1125  their agents, through a centralized coordinating office.
 1126         (d) Adopt rules necessary for conducting program
 1127  eligibility functions.
 1128         (2) The Department of Health shall:
 1129         (a) Design an eligibility intake process for the program,
 1130  in coordination with the Department of Children and Family
 1131  Services, the agency, and the Florida Healthy Kids Corporation.
 1132  The eligibility intake process may include local intake points
 1133  that are determined by the Department of Health in coordination
 1134  with the Department of Children and Family Services.
 1135         (b) Chair a state-level Florida Kidcare coordinating
 1136  council to review and make recommendations concerning the
 1137  implementation and operation of the program. The coordinating
 1138  council shall include representatives from the department, the
 1139  Department of Children and Family Services, the agency, the
 1140  Florida Healthy Kids Corporation, the Office of Insurance
 1141  Regulation of the Financial Services Commission, local
 1142  government, health insurers, health maintenance organizations,
 1143  health care providers, families participating in the program,
 1144  and organizations representing low-income families.
 1145         (c) In consultation with the Florida Healthy Kids
 1146  Corporation and the Department of Children and Family Services,
 1147  establish a toll-free telephone line to assist families with
 1148  questions about the program.
 1149         (d) Adopt rules necessary to implement outreach activities.
 1150         (2)(3)Pursuant to The agency for Health Care
 1151  Administration, under the authority granted in s. 409.914(1),
 1152  the agency shall:
 1153         (a) Calculate the premium assistance payment necessary to
 1154  comply with the premium and cost-sharing limitations specified
 1155  in s. 409.816 and the Patient Protection and Affordable Care
 1156  Act. The premium assistance payment for each enrollee in a
 1157  health insurance plan participating in the Florida Healthy Kids
 1158  corporation must shall equal the premium approved by the Florida
 1159  Healthy Kids corporation and the Office of Insurance Regulation
 1160  of the Financial Services Commission pursuant to ss. 627.410 and
 1161  641.31, less any enrollee’s share of the premium established
 1162  within the limitations specified in s. 409.816. The premium
 1163  assistance payment for each enrollee in an employer-sponsored
 1164  health insurance plan approved under ss. 409.810-409.821 shall
 1165  equal the premium for the plan adjusted for any benchmark
 1166  benefit plan actuarial equivalent benefit rider approved by the
 1167  Office of Insurance Regulation pursuant to ss. 627.410 and
 1168  641.31, less any enrollee’s share of the premium established
 1169  within the limitations specified in s. 409.816. In calculating
 1170  the premium assistance payment levels for children with family
 1171  coverage, the agency shall set the premium assistance payment
 1172  levels for each child proportionately to the total cost of
 1173  family coverage.
 1174         (b) Make premium assistance payments to health insurance
 1175  plans on a periodic basis. The agency may use its Medicaid
 1176  fiscal agent or a contracted third-party administrator in making
 1177  these payments. The agency may require health insurance plans
 1178  that participate in the Medikids program or employer-sponsored
 1179  group health insurance to collect premium payments from an
 1180  enrollee’s family. Participating health insurance plans shall
 1181  report premium payments collected on behalf of enrollees in the
 1182  program to the agency in accordance with a schedule established
 1183  by the agency.
 1184         (c) Monitor compliance with quality assurance and access
 1185  standards developed under s. 409.820 and in accordance with s.
 1186  2103(f) of the Social Security Act, 42 U.S.C. s. 1397cc(f).
 1187         (d) Establish a mechanism for investigating and resolving
 1188  complaints and grievances from program applicants, enrollees,
 1189  and health benefits coverage providers, and maintain a record of
 1190  complaints and confirmed problems. In the case of a child who is
 1191  enrolled in a managed care health maintenance organization, the
 1192  agency must use the provisions of s. 641.511 to address
 1193  grievance reporting and resolution requirements.
 1194         (e) Approve health benefits coverage for participation in
 1195  the program, following certification by the Office of Insurance
 1196  Regulation under subsection (4).
 1197         (e)(f) Adopt rules necessary for calculating premium
 1198  assistance payment levels, making premium assistance payments,
 1199  monitoring access and quality assurance standards and,
 1200  investigating and resolving complaints and grievances,
 1201  administering the Medikids program, and approving health
 1202  benefits coverage.
 1203         (f) Contract with the corporation for the administration of
 1204  Florida Kidcare and Healthy Florida and to facilitate the
 1205  release of any federal and state funds.
 1206  
 1207  The agency is designated the lead state agency for CHIP Title
 1208  XXI of the Social Security Act for purposes of receipt of
 1209  federal funds, for reporting purposes, and for ensuring
 1210  compliance with federal and state regulations and rules.
 1211         (4) The Office of Insurance Regulation shall certify that
 1212  health benefits coverage plans that seek to provide services
 1213  under the Florida Kidcare program, except those offered through
 1214  the Florida Healthy Kids Corporation or the Children’s Medical
 1215  Services Network, meet, exceed, or are actuarially equivalent to
 1216  the benchmark benefit plan and that health insurance plans will
 1217  be offered at an approved rate. In determining actuarial
 1218  equivalence of benefits coverage, the Office of Insurance
 1219  Regulation and health insurance plans must comply with the
 1220  requirements of s. 2103 of Title XXI of the Social Security Act.
 1221  The department shall adopt rules necessary for certifying health
 1222  benefits coverage plans.
 1223         (3)(5) The Florida Healthy Kids corporation shall retain
 1224  its functions as authorized under s. 409.8125 in s. 624.91,
 1225  including eligibility determination for participation in the
 1226  Healthy Kids program.
 1227         (4)(6) The agency, the Department of Health, the Department
 1228  of Children and Families Family Services, and the Florida
 1229  Healthy Kids corporation, and the Office of Insurance
 1230  Regulation, after consultation with and approval of the Speaker
 1231  of the House of Representatives and the President of the Senate,
 1232  may are authorized to make program modifications that are
 1233  necessary to overcome any objections of the United States
 1234  Department of Health and Human Services to obtain approval of
 1235  the state’s CHIP child health insurance plan under Title XXI of
 1236  the Social Security Act.
 1237         Section 23. Section 409.820, Florida Statutes, is amended
 1238  to read:
 1239         409.820 Quality assurance and access standards.—Except for
 1240  Medicaid, the Department of Health, in consultation with the
 1241  agency and the Florida Healthy Kids corporation, shall develop a
 1242  minimum set of pediatric and adolescent quality assurance and
 1243  access standards for all program components. The standards must
 1244  include a process for granting exceptions to specific
 1245  requirements for quality assurance and access. Compliance with
 1246  the standards shall be a condition of program participation by
 1247  health benefits coverage providers. These standards must shall
 1248  comply with the provisions of this chapter, and chapter 641, and
 1249  Title XXI of the Social Security Act.
 1250         Section 24. Section 409.822, Florida Statutes, is created
 1251  to read:
 1252         409.822Healthy Florida.—
 1253         (1) PROGRAM CREATION.—Healthy Florida, a health care
 1254  program for lower income, uninsured adults who meet the
 1255  eligibility guidelines established under s. 409.8125, is
 1256  created. The corporation shall administer the program under its
 1257  existing corporate governance and structure.
 1258         (2) ELIGIBILITY.—To be eligible and to remain eligible for
 1259  Healthy Florida, an individual must be a resident of this state
 1260  and meet the following additional criteria:
 1261         (a) Be identified as newly eligible, as defined in s.
 1262  1902(a)(10)(A)(i)(VIII) of the Social Security Act or s. 2001 of
 1263  the federal Patient Protection and Affordable Care Act, and as
 1264  may be further defined by federal regulation.
 1265         (b) Maintain eligibility with the corporation and meet all
 1266  renewal requirements as established by the corporation.
 1267         (c) Renew eligibility on at least an annual basis.
 1268         (3) ENROLLMENT.—The corporation may begin the enrollment of
 1269  applicants in Healthy Florida on October 1, 2014. Enrollment may
 1270  occur directly, through the services of a third-party
 1271  administrator, referrals from the Department of Children and
 1272  Families, and the exchange as defined by the federal Patient
 1273  Protection and Affordable Care Act. When an enrollee disenrolls,
 1274  the corporation must provide him or her with information about
 1275  other affordable insurance programs and electronically refer the
 1276  enrollee to the exchange or other programs, as appropriate. The
 1277  earliest coverage effective date under the program shall be
 1278  January 1, 2015.
 1279         (4) DELIVERY OF SERVICES.—The corporation shall contract
 1280  with authorized insurers licensed under chapter 627; managed
 1281  care organizations authorized under chapter 641; and provider
 1282  service networks authorized under ss. 409.912(4)(d) and
 1283  409.962(13) which are prepaid plans. These insurers, managed
 1284  care organizations, and provider service networks must meet
 1285  standards established by the corporation to provide
 1286  comprehensive health care services to enrollees who qualify for
 1287  services under this section. The corporation may contract for
 1288  such services on a statewide or regional basis. To encourage
 1289  continuity of care among enrollees who transition across
 1290  multiple affordable insurance programs, the corporation is
 1291  encouraged to contract with those insurers and managed care
 1292  organizations that participate in more than one such program.
 1293         (a) The corporation shall establish access and network
 1294  standards for such contracts and ensure that contracted
 1295  providers have sufficient providers to meet enrollee needs.
 1296  Quality standards shall be developed by the corporation,
 1297  specific to the adult population, which take into consideration
 1298  recommendations from the National Committee on Quality
 1299  Assurance, stakeholders, and other existing performance
 1300  indicators from both public and commercial populations. The
 1301  corporation and its contracted health plans shall develop
 1302  policies that minimize the disruption of enrollee medical homes
 1303  when enrollees transition between affordable insurance plans.
 1304         (b) The corporation shall provide an enrollee a choice of
 1305  plans. The corporation may select a plan if no selection has
 1306  been received before the coverage start date. Once enrolled, an
 1307  enrollee has an initial 90-day, free-look period before a lock
 1308  in period of up to 12 months is applied. Exceptions to the lock
 1309  in period must be offered to an enrollee for reasons based on
 1310  good cause or qualifying events.
 1311         (c) The corporation may consider contracts that provide
 1312  family plans that would allow members from multiple state and
 1313  federally funded programs to remain together under the same
 1314  plan.
 1315         (d) All contracts must meet the medical loss ratio
 1316  requirements under this part.
 1317         (5) BENEFITS.—The corporation shall establish a benefits
 1318  package that is actuarially equivalent to the benchmark benefit
 1319  plan offered under s. 409.815(2), excluding dental, and meets
 1320  the alternative benefits package requirements under s. 1937 of
 1321  the Social Security Act. Benefits must be offered as an
 1322  integrated, single package.
 1323         (a) In addition to benchmark benefits, health reimbursement
 1324  accounts or a comparable health savings account for each
 1325  enrollee must be established through the corporation or the
 1326  contracts managed by the corporation. Enrollees must be rewarded
 1327  for healthy behaviors, wellness program adherence, and other
 1328  activities established by the corporation which demonstrate
 1329  compliance with preventive care or disease management
 1330  guidelines. Funds deposited into these accounts may be used to
 1331  pay cost-sharing obligations or to purchase over-the-counter
 1332  health items to the extent allowed under federal law or
 1333  regulation.
 1334         (b) Enhanced services may be offered if the cost of such
 1335  additional services provides savings to the overall plan.
 1336         (c) The corporation shall establish a process for the
 1337  payment of wrap-around services not covered by the benchmark
 1338  benefit plan through a separate subcapitation process to its
 1339  contracted providers if it is determined that such services are
 1340  required by federal law. Such services would be covered if
 1341  deemed medically necessary on an individual basis. The
 1342  subcapitation pool is subject to a separate reconciliation
 1343  process under the medical loss ratio provisions in this part.
 1344         (d) A prior authorization process and other utilization
 1345  controls may be established by the plan for any benefit if
 1346  approved by the corporation.
 1347         (6) COST SHARING.—The corporation may collect premiums and
 1348  copayments from enrollees in accordance with federal law.
 1349  Amounts to be collected for Healthy Florida must be established
 1350  annually in the General Appropriations Act.
 1351         (a) Payment of a monthly premium may be required before the
 1352  establishment of an enrollee’s coverage start date and to retain
 1353  monthly coverage.
 1354         (b) An enrollee who has a family income above the federal
 1355  poverty level may be required to make nominal copayments, in
 1356  accordance with federal rule, as a condition of receiving a
 1357  health care service.
 1358         (c) A provider is responsible for the collection of point
 1359  of-service cost-sharing obligations. The enrollee’s cost-sharing
 1360  contribution is considered part of the provider’s total
 1361  reimbursement. Failure to collect an enrollee’s cost sharing
 1362  reduces the provider’s share of the reimbursement.
 1363         (7) PROGRAM MANAGEMENT.—The corporation is responsible for
 1364  the oversight of Healthy Florida. The agency shall seek a state
 1365  plan amendment or other appropriate federal approval to
 1366  implement Healthy Florida. The agency shall consult with the
 1367  corporation in the amendment’s development and, by June 14,
 1368  2014, submit the state plan amendment to the federal Department
 1369  of Health and Human Services. The agency shall contract with the
 1370  corporation for the administration of Healthy Florida and for
 1371  the timely release of federal and state funds. The agency
 1372  retains its authority as provided in ss. 409.902 and 409.963.
 1373         (a) The corporation shall establish a grievance resolution
 1374  process in which Healthy Florida enrollees are informed of their
 1375  rights under the Medicaid fair hearing process, as appropriate,
 1376  or any alternative resolution process adopted by the
 1377  corporation.
 1378         (b) The corporation shall establish a program integrity
 1379  process to ensure compliance with program guidelines. At a
 1380  minimum, the corporation shall withhold benefits from an
 1381  applicant or enrollee if the corporation obtains evidence that
 1382  the applicant or enrollee is no longer eligible, submitted
 1383  incorrect or fraudulent information in order to establish
 1384  eligibility, or failed to provide verification of eligibility.
 1385  The corporation shall notify the applicant or enrollee that,
 1386  because of such evidence, program benefits must be withheld
 1387  unless the applicant or enrollee contacts a designated
 1388  representative of the corporation by a specified date, which
 1389  must be within 10 working days after the date of notice, to
 1390  discuss and resolve the matter. The corporation shall make every
 1391  effort to resolve the matter within a timeframe that does not
 1392  cause benefits to be withheld from an eligible enrollee. The
 1393  following individuals may be subject to specific prosecution in
 1394  accordance with s. 414.39:
 1395         1. An applicant who obtains or attempts to obtain benefits
 1396  for a potential enrollee under Healthy Florida when the
 1397  applicant knows or should have known that the potential enrollee
 1398  does not qualify for Healthy Florida.
 1399         2. An individual who assists an applicant in obtaining or
 1400  attempting to obtain benefits for a potential enrollee under
 1401  Healthy Florida when the individual knows or should have known
 1402  that the potential enrollee does not qualify for Healthy
 1403  Florida.
 1404         (8) APPLICABILITY OF LAWS RELATING TO MEDICAID.—Sections
 1405  409.902, 409.9128, and 409.920 apply to the administration of
 1406  Healthy Florida.
 1407         (9) PROGRAM EVALUATION.—The corporation shall collect both
 1408  eligibility and enrollment data from program applicants and
 1409  enrollees as well as encounter and utilization data from all
 1410  contracted entities during the program term. The corporation
 1411  shall submit monthly enrollment reports to the President of the
 1412  Senate, the Speaker of the House of Representatives, and the
 1413  Minority Leaders of the Senate and the House of Representatives.
 1414  The corporation shall submit an interim independent evaluation
 1415  of Healthy Florida to the presiding officers by July 1, 2016,
 1416  with annual evaluations due July 1 thereafter. The evaluations
 1417  must address, at a minimum, application and enrollment trends
 1418  and issues, utilization and cost data, and customer
 1419  satisfaction.
 1420         (10) PROGRAM EXPIRATION.—The Healthy Florida program
 1421  expires at the end of the state fiscal year in which any of
 1422  these conditions occur:
 1423         (a) The federal match contribution falls below 90 percent.
 1424         (b) The federal match contribution falls below the
 1425  increased federal medical assistance percentages for medical
 1426  assistance for newly eligible mandatory individuals as specified
 1427  in the Patient Protection and Affordable Care Act.
 1428         (c) The federal match for the Healthy Florida program and
 1429  the Medicaid program are blended under federal law or regulation
 1430  in a way that causes the overall federal contribution to
 1431  diminish when compared to separate, nonblended federal
 1432  contributions.
 1433         Section 25. The Florida Healthy Kids Corporation may make
 1434  such changes as are necessary to comply with the objections of
 1435  the federal Department of Health and Human Services in order to
 1436  gain approval of the Healthy Florida program in compliance with
 1437  the federal Patient Protection and Affordable Care Act, Pub. L.
 1438  No. 111-148, as amended by the federal Health Care and Education
 1439  Reconciliation Act of 2010, Pub. L. No. 111-152, upon giving
 1440  notice to the Senate and the House of Representatives of the
 1441  proposed changes. If there is a conflict between this section
 1442  and the federal Patient Protection and Affordable Care Act, the
 1443  provision must be interpreted and applied so as to comply with
 1444  federal law.
 1445         Section 26. Paragraph (e) of subsection (2) of section
 1446  154.503, Florida Statutes, is amended to read:
 1447         154.503 Primary Care for Children and Families Challenge
 1448  Grant Program; creation; administration.—
 1449         (2) The department shall:
 1450         (e) Coordinate with the primary care program developed
 1451  pursuant to s. 154.011, the Florida Healthy Kids Corporation
 1452  program created in s. 409.8125 s. 624.91, the school health
 1453  services program created in ss. 381.0056 and 381.0057, and the
 1454  volunteer health care provider program developed pursuant to s.
 1455  766.1115.
 1456         Section 27. Paragraph (d) of subsection (14) of section
 1457  408.910, Florida Statutes, is amended to read:
 1458         408.910 Florida Health Choices Program.—
 1459         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1460         (d) Authorized release.—
 1461         1. Upon request, information made confidential and exempt
 1462  pursuant to this subsection shall be disclosed to:
 1463         a. Another governmental entity in the performance of its
 1464  official duties and responsibilities.
 1465         b. Any person who has the written consent of the program
 1466  applicant.
 1467         c. The Florida Kidcare program for the purpose of
 1468  administering the program authorized under part II of chapter
 1469  409 in ss. 409.810-409.821.
 1470         2. Paragraph (b) does not prohibit a participant’s legal
 1471  guardian from obtaining confirmation of coverage, dates of
 1472  coverage, the name of the participant’s health plan, and the
 1473  amount of premium being paid.
 1474         Section 28. Paragraph (c) of subsection (4) of section
 1475  408.915, Florida Statutes, is amended to read:
 1476         408.915 Eligibility pilot project.—The Agency for Health
 1477  Care Administration, in consultation with the steering committee
 1478  established in s. 408.916, shall develop and implement a pilot
 1479  project to integrate the determination of eligibility for health
 1480  care services with information and referral services.
 1481         (4) The pilot project shall include eligibility
 1482  determinations for the following programs:
 1483         (c) Florida Healthy Kids as described in s. 409.8125 s.
 1484  624.91 and within eligibility guidelines provided in s. 409.814.
 1485         Section 29. Section 624.915, Florida Statutes, is repealed.
 1486         Section 30. Section 627.6474, Florida Statutes, is amended
 1487  to read:
 1488         627.6474 Provider contracts.—
 1489         (1) A health insurer may shall not require a contracted
 1490  health care practitioner as defined in s. 456.001(4) to accept
 1491  the terms of other health care practitioner contracts with the
 1492  insurer or any other insurer, or health maintenance
 1493  organization, under common management and control with the
 1494  insurer, including Medicare and Medicaid practitioner contracts
 1495  and those authorized by s. 627.6471, s. 627.6472, s. 636.035, or
 1496  s. 641.315, except for a practitioner in a group practice as
 1497  defined in s. 456.053 who must accept the terms of a contract
 1498  negotiated for the practitioner by the group, as a condition of
 1499  continuation or renewal of the contract. A Any contract
 1500  provision that violates this section is void. A violation of
 1501  this subsection section is not subject to the criminal penalty
 1502  specified in s. 624.15.
 1503         (2)A contract between a health insurer and a dentist
 1504  licensed under chapter 466 for the provision of services to an
 1505  insured may not:
 1506         (a) Contain a provision that requires the dentist to
 1507  provide services to the insured under such contract at a fee set
 1508  by the health insurer unless such services are covered services
 1509  under the applicable contract. Covered services are those
 1510  services that are listed as a benefit that the insured is
 1511  entitled to receive under the contract. An insurer may not
 1512  provide merely de minimis reimbursement or coverage in order to
 1513  avoid the requirements of this subsection. Fees for covered
 1514  services shall be set in good faith and may not be nominal.
 1515         (b) Require as a condition of the contract that the dentist
 1516  participate in a discount medical plan under part II of chapter
 1517  636.
 1518         Section 31. Subsection (13) is added to section 636.035,
 1519  Florida Statutes, to read:
 1520         636.035 Provider arrangements.—
 1521         (13)A contract between a prepaid limited health service
 1522  organization and a dentist licensed under chapter 466 for the
 1523  provision of services to a subscriber of the prepaid limited
 1524  health service organization may not:
 1525         (a) Contain a provision that requires the dentist to
 1526  provide services to the subscriber of the prepaid limited health
 1527  service organization at a fee set by the prepaid limited health
 1528  service organization unless such services are covered services
 1529  under the applicable contract. Covered services are those
 1530  services that are listed as a benefit that the subscriber is
 1531  entitled to receive under the contract. A prepaid limited health
 1532  service organization may not provide merely de minimis
 1533  reimbursement or coverage in order to avoid the requirements of
 1534  this subsection. Fees for covered services shall be set in good
 1535  faith and may not be nominal.
 1536         (b) Require as a condition of the contract that the dentist
 1537  participate in a discount medical plan under part II of this
 1538  chapter.
 1539         Section 32. Subsection (11) is added to section 641.315,
 1540  Florida Statutes, to read:
 1541         641.315 Provider contracts.—
 1542         (11)A contract between a health maintenance organization
 1543  and a dentist licensed under chapter 466 for the provision of
 1544  services to a subscriber of the health maintenance organization
 1545  may not:
 1546         (a) Contain a provision that requires the dentist to
 1547  provide services to the subscriber of the health maintenance
 1548  organization at a fee set by the health maintenance organization
 1549  unless such services are covered services under the applicable
 1550  contract. Covered services are those services that are listed as
 1551  a benefit that the subscriber is entitled to receive under the
 1552  contract. A health maintenance organization may not provide
 1553  merely de minimis reimbursement or coverage in order to avoid
 1554  the requirements of this subsection. Fees for covered services
 1555  shall be set in good faith and may not be nominal.
 1556         (b) Require as a condition of the contract that the dentist
 1557  participate in a discount medical plan under part II of chapter
 1558  636.
 1559         Section 33. Paragraph (a) of subsection (3) of section
 1560  766.1115, Florida Statutes, is amended, and paragraph (h) is
 1561  added to subsection (4) of that section, to read:
 1562         766.1115 Health care providers; creation of agency
 1563  relationship with governmental contractors.—
 1564         (3) DEFINITIONS.—As used in this section, the term:
 1565         (a) “Contract” means an agreement executed in compliance
 1566  with this section between a health care provider and a
 1567  governmental contractor which allows. This contract shall allow
 1568  the health care provider to deliver health care services to low
 1569  income recipients as an agent of the governmental contractor.
 1570  The contract must be for volunteer, uncompensated services. For
 1571  services to qualify as volunteer, uncompensated services under
 1572  this section, the health care provider may not must receive no
 1573  compensation from the governmental contractor for any services
 1574  provided under the contract and may must not bill or accept
 1575  compensation from the recipient, or a any public or private
 1576  third-party payor, for the specific services provided to the
 1577  low-income recipients covered by the contract.
 1578         (4) CONTRACT REQUIREMENTS.—A health care provider that
 1579  executes a contract with a governmental contractor to deliver
 1580  health care services on or after April 17, 1992, as an agent of
 1581  the governmental contractor is an agent for purposes of s.
 1582  768.28(9), while acting within the scope of duties under the
 1583  contract, if the contract complies with the requirements of this
 1584  section and regardless of whether the individual treated is
 1585  later found to be ineligible. A health care provider under
 1586  contract with the state may not be named as a defendant in any
 1587  action arising out of medical care or treatment provided on or
 1588  after April 17, 1992, under contracts entered into under this
 1589  section. The contract must provide that:
 1590         (h) As an agent of the governmental contractor for purposes
 1591  of s. 768.28(9), while acting within the scope of duties under
 1592  the contract, a health care provider licensed under chapter 466
 1593  may allow a patient or a parent or guardian of the patient to
 1594  voluntarily contribute a fee to cover costs of dental laboratory
 1595  work related to the services provided to the patient. This
 1596  contribution may not exceed the actual cost of the dental
 1597  laboratory charges and is deemed in compliance with this
 1598  section.
 1599  
 1600  A governmental contractor that is also a health care provider is
 1601  not required to enter into a contract under this section with
 1602  respect to the health care services delivered by its employees.
 1603         Section 34. The amendments to ss. 627.6474, 636.035, and
 1604  641.315, Florida Statutes, apply to contracts entered into or
 1605  renewed on or after July 1, 2014.
 1606         Section 35. (1) Funding for Healthy Florida shall be
 1607  provided from the Medical Care Trust Fund, and matching funds
 1608  shall be provided by local governmental entities through
 1609  intergovernmental transfers in accordance with federal statutes
 1610  and regulations. The Agency for Health Care Administration may
 1611  accept voluntary transfers of local taxes and other qualified
 1612  revenue from counties, municipalities, and special taxing
 1613  districts. Such transfers must be contributed to advance the
 1614  general goals of the Healthy Florida program without restriction
 1615  and must be executed pursuant to a contract between the agency
 1616  and the local funding source.
 1617  (2) The Agency for Health Care Administration shall submit
 1618  budget amendments to the Legislative Budget Commission pursuant
 1619  to chapter 216, Florida Statutes, to the extent necessary to
 1620  implement Healthy Florida on a statewide basis during the 2014
 1621  2015 fiscal year. The nature of such amendments shall be to fund
 1622  Healthy Florida for the coverage of children who transfer from
 1623  the Florida Kidcare program to the Healthy Florida program, to
 1624  fund Healthy Florida for the coverage of adults who were
 1625  previously eligible for the Medicaid program as medically needy
 1626  under s. 409.904(2), Florida Statutes, and who transfer to the
 1627  Healthy Florida program, or to provide additional spending
 1628  authority from the Medical Care Trust Fund under subsection (1)
 1629  for the coverage of individuals who enroll in the Healthy
 1630  Florida program.
 1631  
 1632  ================= T I T L E  A M E N D M E N T ================
 1633  And the title is amended as follows:
 1634         Between lines 47 and 48
 1635  insert:
 1636         providing a directive to the Division of Law Revision
 1637         and Information; amending s. 409.811, F.S.; revising
 1638         and providing definitions; transferring, renumbering,
 1639         and amending s. 624.91, F.S.; revising the Florida
 1640         Healthy Kids Corporation Act to include the Healthy
 1641         Florida program; revising participation guidelines for
 1642         nonsubsidized enrollees in the Healthy Kids program;
 1643         revising the medical loss ratio requirements for
 1644         contracts for the Florida Healthy Kids Corporation;
 1645         modifying the membership of the corporation’s board of
 1646         directors; creating an executive steering committee;
 1647         requiring additional corporate compliance
 1648         requirements; amending s. 409.813, F.S.; revising the
 1649         components of Florida Kidcare; prohibiting a cause of
 1650         action from arising against the Florida Healthy Kids
 1651         Corporation for failure to make health services
 1652         available; amending s. 409.8132, F.S.; revising the
 1653         eligibility of the Medikids program component;
 1654         revising the enrollment requirements for Medikids;
 1655         amending s. 409.8134, F.S., relating to Florida
 1656         Kidcare; conforming provisions to changes made by the
 1657         act; amending s. 409.814, F.S.; revising eligibility
 1658         requirements for Florida Kidcare; amending s. 409.815,
 1659         F.S.; revising certain minimum health benefits
 1660         coverage under Florida Kidcare; deleting obsolete
 1661         provisions; amending s. 409.816, F.S.; conforming
 1662         provisions to changes made by the act; repealing s.
 1663         409.817, F.S., relating to the approval of health
 1664         benefits coverage and financial assistance under the
 1665         Kidcare program; repealing s. 409.8175, F.S., relating
 1666         to the delivery of services in rural counties;
 1667         amending s. 409.8177, F.S.; conforming provisions to
 1668         changes made by the act; amending s. 409.818, F.S.;
 1669         revising the duties of the Department of Children and
 1670         Families and the Agency for Health Care Administration
 1671         with regard to the Kidcare program; deleting the
 1672         duties of the Department of Health and the Office of
 1673         Insurance Regulation with regard to the Kidcare
 1674         program; amending s. 409.820, F.S.; requiring the
 1675         Department of Health, in consultation with the agency
 1676         and the Florida Healthy Kids Corporation, to develop a
 1677         minimum set of pediatric and adolescent quality
 1678         assurance and access standards for all program
 1679         components; creating s. 409.822, F.S.; creating the
 1680         Healthy Florida program; providing eligibility and
 1681         enrollment requirements; authorizing the corporation
 1682         to contract with certain insurers, managed care
 1683         organizations, and provider service networks;
 1684         encouraging the corporation to contract with insurers
 1685         and managed care organizations that participate in
 1686         more than one affordable insurance program under
 1687         certain circumstances; requiring the corporation to
 1688         establish a benefits package and a process for payment
 1689         of services; authorizing the corporation to collect
 1690         premiums and copayments; requiring the corporation to
 1691         oversee the Healthy Florida program and to establish a
 1692         grievance process and integrity process; providing for
 1693         the applicability of certain state laws for
 1694         administering the program; requiring the corporation
 1695         to collect certain data and to submit enrollment
 1696         reports and interim independent evaluations to the
 1697         Legislature; providing for expiration of the program;
 1698         authorizing the corporation to comply with federal
 1699         requirements upon giving notice to the Legislature;
 1700         amending ss. 154.503, 408.910, and 408.915, F.S.;
 1701         conforming cross-references; repealing s. 624.915,
 1702         F.S., relating to the operating fund of the Florida
 1703         Healthy Kids Corporation; amending ss. 627.6474,
 1704         636.035, and 641.315, F.S.; prohibiting a contract
 1705         between a health insurer, a prepaid health service
 1706         organization, or a health maintenance organization and
 1707         a dentist from requiring the dentist to provide
 1708         services at a set fee under certain circumstances or
 1709         to participate in a discount medical plan; amending s.
 1710         766.1115, F.S.; revising a definition; requiring a
 1711         contract with a governmental contractor for health
 1712         care services to include a provision that a health
 1713         care provider licensed under ch. 466, F.S., as an
 1714         agent of the governmental contractor, may allow a
 1715         patient or a parent or guardian of the patient to
 1716         voluntarily contribute a fee to cover costs of dental
 1717         laboratory work related to the services provided to
 1718         the patient without forfeiting the provider’s
 1719         sovereign immunity; prohibiting the contribution from
 1720         exceeding the actual amount of the dental laboratory
 1721         charges; providing that the contribution complies with
 1722         the requirements of s. 766.1115, F.S.; providing
 1723         applicability; providing for funding;