Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SPB 7044 Ì6875068Î687506 LEGISLATIVE ACTION Senate . House Comm: UNFAV . 03/10/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Sobel) recommended the following: 1 Senate Amendment 2 3 Delete lines 92 - 549 4 and insert: 5 (3) “Corporation” means the Florida Healthy Kids 6 Corporation, as established under s. 624.91. 7 (4) “Enrollee” means an individual who has been determined 8 eligible for and is receiving health benefits coverage under 9 this part. 10 (5) “FHIX marketplace” or “marketplace” means the single, 11 centralized market established under s. 408.910 which 12 facilitates health benefits coverage. 13 (6) “Florida Health Insurance Affordability Exchange 14 Program” or “FHIX” means the program created under ss. 409.720 15 409.731. 16 (7) “Florida Healthy Kids Corporation” means the entity 17 created under s. 624.91. 18 (8) “Florida Kidcare program” or “Kidcare program” means 19 the health benefits coverage administered through ss. 409.810 20 409.821. 21 (9) “Health benefits coverage” means the payment of 22 benefits for covered health care services or the availability, 23 directly or through arrangements with other persons, of covered 24 health care services on a prepaid per capita basis or on a 25 prepaid aggregate fixed-sum basis. 26 (10) “Inactive status” means the enrollment status of a 27 participant previously enrolled in health benefits coverage 28 through the FIX marketplace who lost coverage through the 29 marketplace for non-payment, but maintains access to his or her 30 balance in a health savings account or health reimbursement 31 account. 32 (11) “Medicaid” means the medical assistance program 33 authorized by Title XIX of the Social Security Act, and 34 regulations thereunder, and part III and part IV of this 35 chapter, as administered in this state by the agency. 36 (l2) “Modified adjusted gross income” means the 37 individual’s or household’s annual adjusted gross income as 38 defined in s. 36B(d)(2) of the Internal Revenue Code of 1986 and 39 which is used to determine eligibility for FHIX. 40 (13) “Patient Protection and Affordable Care Act” or 41 “Affordable Care Act” means Pub. L. No. 111-148, as further 42 amended by the Health Care and Education Reconciliation Act of 43 2010, Pub. L. No. 111-152, and any amendments to, and 44 regulations or guidance under, those acts. 45 (14) “Premium credit” means the monthly amount paid by the 46 agency per enrollee in the Florida Health Insurance 47 Affordability Exchange Program toward health benefits coverage. 48 (15) “Qualified alien” means an alien as defined in 8 49 U.S.C. s. 1641(b) or (c). 50 (16) “Resident” means a United States citizen or qualified 51 alien who is domiciled in this state. 52 Section 5. Section 409.723, Florida Statutes, is created to 53 read: 54 409.723 Participation.— 55 (1) ELIGIBILITY.—In order to participate in FHIX, an 56 individual must be a resident and must meet the following 57 requirements, as applicable: 58 (a) Qualify as a newly eligible enrollee, who must be an 59 individual as described in s. 1902(a)(10)(A)(i)(VIII) of the 60 Social Security Act or s. 2001 of the Affordable Care Act and as 61 may be further defined by federal regulation. 62 (b) Meet and maintain the responsibilities under subsection 63 (4). 64 (c) Qualify as a participant in the Florida Healthy Kids 65 program under s. 624.91, subject to the implementation of Phase 66 Three under s. 409.727. 67 (2) ENROLLMENT.—To enroll in FHIX, an applicant must submit 68 an application to the department for an eligibility 69 determination. 70 (a) Applications may be submitted by mail, fax, online, or 71 any other method permitted by law or regulation. 72 (b) The department is responsible for any eligibility 73 correspondence and status updates to the participant and other 74 agencies. 75 (c) The department shall review a participant’s eligibility 76 every 12 months. 77 (d) An application or renewal is deemed complete when the 78 participant has met all the requirements under subsection (4). 79 (3) PARTICIPANT RIGHTS.—A participant has all of the 80 following rights: 81 (a) Access to the FHIX marketplace to select the scope, 82 amount, and type of health care coverage and other services to 83 purchase. 84 (b) Continuity and portability of coverage to avoid 85 disruption of coverage and other health care services when the 86 participant’s economic circumstances change. 87 (c) Retention of applicable unspent credits in the 88 participant’s health savings or health reimbursement account 89 following a change in the participant’s eligibility status. 90 Credits are valid for an inactive status participant for up to 5 91 years after the participant first enters an inactive status. 92 (d) Ability to select more than one product or plan on the 93 FHIX marketplace. 94 (e) Choice of at least two health benefits products that 95 meet the requirements of the Affordable Care Act. 96 (4) PARTICIPANT RESPONSIBILITIES.—A participant has all of 97 the following responsibilities: 98 (a) Complete an initial application for health benefits 99 coverage and an annual renewal process, which includes proof of 100 employment, on-the-job training or placement activities, or 101 pursuit of educational opportunities at the following hourly 102 levels: 103 1. For a parent of a child younger than 18 years of age, a 104 minimum of 20 hours weekly. 105 2. For a childless adult, a minimum of 30 hours weekly. A 106 disabled adult or caregiver of a disabled child or adult may 107 submit a request for an exception to these requirements to the 108 corporation. A participant shall annually submit to the 109 department such a request for an exception to the hourly level 110 requirements. 111 (b) Learn and remain informed about the choices available 112 on the FHIX marketplace and the uses of credits in the 113 individual accounts. 114 (c) Execute a contract with the department to acknowledge 115 that: 116 1. FHIX is not an entitlement and state and federal funding 117 may end at any time; 118 2. Failure to pay required premiums or cost sharing will 119 result in a transition to inactive status; and 120 3. Noncompliance with work or educational requirements will 121 result in a transition to inactive status. 122 (d) Select plans and other products in a timely manner. 123 (e) Comply with all program rules and the prohibitions 124 against fraud, as described in s. 414.39. 125 (f) Make monthly premium and any other cost-sharing 126 payments by the deadline. 127 (g) Meet minimum coverage requirements by selecting a high 128 deductible health plan combined with a health savings or health 129 reimbursement account if not selecting a plan with more 130 extensive coverage. 131 (5) COST SHARING.— 132 (a) Enrollees are assessed monthly premiums based on their 133 modified adjusted gross income. The maximum monthly premium 134 payments are set at the following income levels: 135 1. At or below 22 percent of the federal poverty level: $3. 136 2. Greater than 22 percent, but at or below 50 percent, of 137 the federal poverty level: $8. 138 3. Greater than 50 percent, but at or below 75 percent, of 139 the federal poverty level: $15. 140 4. Greater than 75 percent, but at or below 100 percent, of 141 the federal poverty level: $20. 142 5. Greater than 100 percent of the federal poverty level: 143 $25. 144 (b) Depending on the products and services selected by the 145 enrollee, the enrollee may also incur additional cost-sharing 146 copayments, deductibles, or other out-of-pocket costs. 147 (c) An enrollee may be subject to an inappropriate 148 emergency room visit charge of up to $8 for the first visit and 149 up to $25 for any subsequent visit, based on the enrollee’s 150 benefit plan, to discourage inappropriate use of the emergency 151 room. 152 (d) Cumulative annual cost sharing per enrollee may not 153 exceed 5 percent of an enrollee’s annual modified adjusted gross 154 income. 155 (e) If, after a 30-day grace period, a full premium payment 156 has not been received, the enrollee shall be transitioned from 157 coverage to inactive status and may not reenroll for a minimum 158 of 6 months, unless a hardship exception has been granted. 159 Enrollees may seek a hardship exception under the Medicaid Fair 160 Hearing Process. 161 Section 6. Section 409.724, Florida Statutes, is created to 162 read: 163 409.724 Available assistance.— 164 (1) PREMIUM CREDITS.— 165 (a) Standard amount.—The standard monthly premium credit is 166 equivalent to the applicable risk-adjusted capitation rate paid 167 to Medicaid managed care plans under part IV of this chapter. 168 (b) Supplemental funding.—Subject to federal approval, 169 additional resources may be made available to enrollees and 170 incorporated into FHIX. 171 (c) Savings accounts.—In addition to the benefits provided 172 under this section, the corporation must offer each enrollee 173 access to an individual account that qualifies as a health 174 reimbursement account or a health savings account. Eligible 175 unexpended funds from the monthly premium credit must be 176 deposited into each enrollee’s individual account in a timely 177 manner. Enrollees may also be rewarded for healthy behaviors, 178 adherence to wellness programs, and other activities established 179 by the corporation which demonstrate compliance with prevention 180 or disease management guidelines. Funds deposited into these 181 accounts may be used to pay cost-sharing obligations or to 182 purchase other health-related items to the extent permitted 183 under federal law. 184 (d) Enrollee contributions.—The enrollee may make deposits 185 to his or her account at any time to supplement the premium 186 credit, to purchase additional FHIX products, or to offset other 187 cost-sharing obligations. 188 (e) Third parties.—Third parties, including, but not 189 limited to, an employer or relative, may also make deposits on 190 behalf of the enrollee into the enrollee’s FHIX marketplace 191 account. The enrollee may not withdraw any funds as a refund, 192 except those funds the enrollee has deposited into his or her 193 account. 194 (2) CHOICE COUNSELING.—The agency and the corporation shall 195 work together to develop a choice counseling program for FHIX. 196 The choice counseling program must ensure that participants have 197 information about the FHIX marketplace program, products, and 198 services and that participants know where and whom to call for 199 questions or to make their plan selections. The choice 200 counseling program must provide culturally sensitive materials 201 and must take into consideration the demographics of the 202 projected population. 203 (3) EDUCATION CAMPAIGN.—The agency, the corporation, and 204 the Florida Healthy Kids Corporation must coordinate an ongoing 205 enrollee education campaign beginning in Phase One, as provided 206 in s. 409.27, informing participants, at a minimum: 207 (a) How the transition process to the FHIX marketplace will 208 occur and the timeline for the enrollee’s specific transition. 209 (b) What plans are available and how to research 210 information about available plans. 211 (c) Information about other available insurance 212 affordability programs for the individual and his or her family. 213 (d) Information about health benefits coverage, provider 214 networks, and cost sharing for available plans in each region. 215 (e) Information on how to complete the required annual 216 renewal process, including renewal dates and deadlines. 217 (f) Information on how to update eligibility if the 218 participant’s data have changed since his or her last renewal or 219 application date. 220 (4) CUSTOMER SUPPORT.—Beginning in Phase Two, the Florida 221 Healthy Kids Corporation shall provide customer support for 222 FHIX, shall address general program information, financial 223 information, and customer service issues, and shall provide 224 status updates on bill payments. Customer support must also 225 provide a toll-free number and maintain a website that is 226 available in multiple languages and that meets the needs of the 227 enrollee population. 228 (5) INACTIVE PARTICIPANTS.—The corporation must inform the 229 inactive participant about other insurance affordability 230 programs and electronically refer the participant to the federal 231 exchange or other insurance affordability programs, as 232 appropriate. 233 Section 7. Section 409.725, Florida Statutes, is created to 234 read: 235 409.725 Available products and services.—The FHIX 236 marketplace shall offer the following products and services: 237 (1) Authorized products and services pursuant to s. 238 408.910. 239 (2) Medicaid managed care plans under part IV of this 240 chapter. 241 (3) Authorized products under the Florida Healthy Kids 242 Corporation pursuant to s. 624.91. 243 (4) Employer-sponsored plans. 244 Section 8. Section 409.726, Florida Statutes, is created to 245 read: 246 409.726 Program accountability.— 247 (1) All managed care plans that participate in FHIX must 248 collect and maintain encounter level data in accordance with the 249 encounter data requirements under s. 409.967(2)(d) and are 250 subject to the accompanying penalties under s. 409.967(2)(h)2. 251 The agency is responsible for the collection and maintenance of 252 the encounter level data. 253 (2) The corporation, in consultation with the agency, shall 254 establish access and network standards for contracts on the FHIX 255 marketplace and shall ensure that contracted plans have 256 sufficient providers to meet enrollee needs. The corporation, in 257 consultation with the agency, shall develop quality of coverage 258 and provider standards specific to the adult population. 259 (3) The department shall develop accountability measures 260 and performance standards to be applied to applications and 261 renewal applications for FHIX which are submitted online, by 262 mail, by fax, or through referrals from a third party. The 263 minimum performance standards are: 264 (a) Application processing speed.—Ninety percent of all 265 applications, from all sources, must be processed within 45 266 days. 267 (b) Applications processing speed from online sources. 268 Ninety-five percent of all applications received from online 269 sources must be processed within 45 days. 270 (c) Renewal application processing speed.—Ninety percent of 271 all renewals, from all sources, must be processed within 45 272 days. 273 (d) Renewal application processing speed from online 274 sources.—Ninety-five percent of all applications received from 275 online sources must be processed within 45 days. 276 (4) The agency, the department, and the Florida Healthy 277 Kids Corporation must meet the following standards for their 278 respective roles in the program: 279 (a) Eighty-five percent of calls must be answered in 20 280 seconds or less. 281 (b) One hundred percent of all contacts, which include, but 282 are not limited to, telephone calls, faxed documents and 283 requests, and e-mails, must be handled within 2 business days. 284 (c) Any self-service tools available to participants, such 285 as interactive voice response systems, must be operational 7 286 days a week, 24 hours a day, at least 98 percent of each month. 287 (5) The agency, the department, and the Florida Healthy 288 Kids Corporation must conduct an annual satisfaction survey to 289 address all measures that require participant input specific to 290 the FHIX marketplace program. The parties may elect to 291 incorporate these elements into the annual report required under 292 subsection (7). 293 (6) The agency and the corporation shall post online 294 monthly enrollment reports for FHIX. 295 (7) An annual report is due no later than July 1 to the 296 Governor, the President of the Senate, and the Speaker of the 297 House of Representatives. The annual report must be coordinated 298 by the agency and the corporation and must include, but is not 299 limited to: 300 (a) Enrollment and application trends and issues. 301 (b) Utilization and cost data. 302 (c) Customer satisfaction. 303 (d) Funding sources in health savings accounts or health 304 reimbursement accounts. 305 (e) Enrollee use of funds in health savings accounts or 306 health reimbursement accounts. 307 (f) Types of products and plans purchased. 308 (g) Movement of enrollees across different insurance 309 affordability programs. 310 (h) Recommendations for program improvement. 311 Section 9. Section 409.727, Florida Statutes, is created to 312 read: 313 409.727 Implementation schedule.—The agency, the 314 corporation, the department, and the Florida Healthy Kids 315 Corporation shall begin implementation of FHIX by the effective 316 date of this act, with statewide implementation in all regions, 317 as described in s. 409.966(2), by January 1, 2016. 318 (1) READINESS REVIEW.—Before implementation of any phase 319 under this section, the agency shall conduct a readiness review 320 in consultation with the FHIX Workgroup described in s. 409.729. 321 The agency must determine that the region has satisfied, at a 322 minimum, the following readiness milestones: 323 (a) Functional readiness of the service delivery platform 324 for the phase. 325 (b) Plan availability and presence of plan choice. 326 (c) Provider network capacity and adequacy of the available 327 plans in the region. 328 (d) Availability of customer support. 329 (e) Other factors critical to the success of FHIX. 330 (2) PHASE ONE.— 331 (a) Phase One begins on July 1, 2015. The agency, the 332 corporation, and the Florida Healthy Kids Corporation shall 333 coordinate activities to ensure that enrollment begins by July 334 1, 2015. 335 (b) To be eligible during this phase, a participant must 336 meet the requirements under s. 409.723(1)(a). 337 (c) An enrollee is entitled to receive health benefits 338 coverage in the same manner as provided under and through the 339 selected managed care plans in the Medicaid managed care program 340 in part IV of this chapter. 341 (d) An enrollee shall have a choice of at least two managed 342 care plans in each region. 343 (e) Choice counseling and customer service must be provided 344 in accordance with s. 409.724(2). 345 (3) PHASE TWO.— 346 (a) Beginning no later than January 1, 2016, and contingent 347 upon federal approval, participants may enroll or transition to 348 health benefits coverage under the FHIX marketplace. 349 (b) To be eligible during this phase, a participant must 350 meet the requirements under s. 409.723(1)(a) and (b). 351 (c) An enrollee may select any benefit, service, or product 352 available. 353 (d) The corporation shall notify an enrollee of his or her 354 premium credit amount and how to access the FHIX marketplace 355 selection process. 356 (e) A Phase One enrollee must be transitioned to the FHIX 357 marketplace by April 1, 2016. An enrollee who does not select a 358 plan or service on the FHIX marketplace by that deadline shall 359 be moved to inactive status. 360 (f) An enrollee shall have a choice of at least two managed 361 care plans in each region which meet or exceed the Affordable 362 Care Act’s requirements and which qualify for a premium credit 363 on the FHIX marketplace. 364 (g) Choice counseling and customer service must be provided 365 in accordance with s. 409.724(2) and (4). 366 (4) PHASE THREE.— 367 (a) No later than July 1, 2016, the corporation and the 368 Florida Healthy Kids Corporation must begin the transition of 369 enrollees under s. 624.91 to the FHIX marketplace. 370 (b) Eligibility during this phase is based on meeting the 371 requirements of Phase II and s. 409.723(1)(c). 372 (c) An enrollee may select any benefit, service, or product 373 available under s. 409.725. 374 (d) A Florida Healthy Kids enrollee who selects a FHIX 375 marketplace plan must be provided a premium credit equivalent to 376 the average capitation rate paid in his or her county of 377 residence under Florida Healthy Kids as of June 30, 2016. The 378 enrollee is responsible for any difference in costs and may use 379 any remaining funds for supplemental benefits on the FHIX 380 marketplace. 381 (e) The corporation shall notify an enrollee of his or her 382 premium credit amount and how to access the FHIX marketplace 383 selection process. 384 (f) Choice counseling and customer service must be provided 385 in accordance with s. 409.724(2) and (4). 386 (g) Enrollees under s. 624.91 must transition to the FHIX 387 marketplace by September 30, 2016. 388 Section 10. Section 409.728, Florida Statutes, is created 389 to read: 390 409.728 Program operation and management.—In order to 391 implement ss. 409.720-409.731: 392 (1) The Agency for Health Care Administration shall do all 393 of the following: 394 (a) Contract with the corporation for the development, 395 implementation, and administration of the Florida Health 396 Insurance Affordability Exchange Program and for the release of 397 any federal, state, or other funds appropriated to the 398 corporation. 399 (b) Administer Phase One of FHIX. 400 (c) Provide administrative support to the FHIX Workgroup 401 under s. 409.729. 402 (d) Transition the FHIX enrollees to the FHIX marketplace 403 beginning January 1, 2016, in accordance with the transition 404 workplan. Stakeholders that serve low-income individuals and 405 families must be consulted during the implementation and 406 transition process through a public input process. All regions 407 must complete the transition no later than April 1, 2016. 408 (e) Timely transmit enrollee information to the 409 corporation. 410 (f) Beginning with Phase Two, determine annually the risk 411 adjusted rate to be paid per month based on historical 412 utilization and spending data for the medical and behavioral 413 health of this population, projected forward, and adjusted to 414 reflect the eligibility category, medical and dental trends, 415 geographic areas, and the clinical risk profile of the 416 enrollees. 417 (g) Transfer to the corporation such funds as approved in 418 the General Appropriations Act for the premium credits. 419 (h) Encourage Medicaid managed care plans to apply as 420 vendors to the marketplace to facilitate continuity of care and 421 family care coordination. 422 (2) The Department of Children and Families shall, in 423 coordination with the corporation, the agency, and the Florida 424 Healthy Kids Corporation, determine eligibility of applications 425 and application renewals for FHIX in accordance with s. 409.902 426 and shall transmit eligibility determination information on a 427 timely basis to the agency and corporation. 428 (3) The Florida Healthy Kids Corporation shall do all of 429 the following: 430 (a) Retain its duties and responsibilities under s. 624.91 431 for Phase One and Phase Two of the program. 432 (b) Provide customer service for the FHIX marketplace, in 433 coordination with the agency and the corporation. 434 (c) Transfer funds and provide financial support to the 435 FHIX marketplace, including the collection of monthly cost 436 sharing. 437 (d) Conduct financial reporting related to such activities, 438 in coordination with the corporation and the agency. 439 (e) Coordinate activities for the program with the agency, 440 the department, and the corporation. 441 (f) Begin the development of FHIX during Phase One. 442 (g) Implement and administer Phase Two and Phase Three of 443 the FHIX marketplace and the ongoing operations of the program. 444 (h) Offer health benefits coverage packages on the FHIX 445 marketplace, including plans compliant with the Affordable Care 446 Act. 447 (i) Offer FHIX enrollees a choice of at least two plans per 448 county at each benefit level which meet the requirements under 449 the Affordable Care Act. 450 (j) Provide an opportunity for participation in Medicaid 451 managed care plans if those plans meet the requirements of the 452 FHIX marketplace. 453 (k) Offer enhanced or customized benefits to FHIX 454 marketplace enrollees. 455 (l) Provide sufficient staff and resources to meet the 456 program needs of enrollees. 457 (m) Provide an opportunity for plans contracted with or 458 previously contracted with the Florida Healthy Kids Corporation 459 under s. 624.91 to participate with FHIX if those plans meet the 460 requirements of the program.