CS for CS for SB 2-A                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20152Ae1
       
    1                        A bill to be entitled                      
    2         An act relating to the health insurance affordability
    3         exchange; providing a directive to the Division of Law
    4         Revision and Information; creating s. 409.72, F.S.;
    5         providing a short title; creating s. 409.721, F.S.;
    6         creating the Florida Health Insurance Affordability
    7         Exchange Program (FHIX) within the Agency for Health
    8         Care Administration; providing program authority and
    9         principles; creating s. 409.722, F.S.; defining terms;
   10         creating s. 409.723, F.S.; providing eligibility and
   11         enrollment criteria; providing patient rights and
   12         responsibilities; defining the term “disabled”;
   13         providing premium levels; creating s. 409.724, F.S.;
   14         providing for premium credits and choice counseling;
   15         establishing an education campaign; providing for
   16         customer support and disenrollment; creating s.
   17         409.725, F.S.; providing for available products and
   18         services; creating s. 409.726, F.S.; requiring the
   19         department to develop accountability measures and
   20         performance standards governing the administration of
   21         the program; creating s. 409.727, F.S.; providing for
   22         a readiness review and a two-phase implementation
   23         schedule; creating s. 409.728, F.S.; providing program
   24         operation and management duties; creating s. 409.729,
   25         F.S.; providing for the development of a long-term
   26         reorganization plan and the formation of the FHIX
   27         Workgroup; creating s. 409.73, F.S.; authorizing the
   28         agency to seek federal approval; prohibiting the
   29         agency from implementing the FHIX waiver under certain
   30         circumstances; creating s. 409.731, F.S.; providing
   31         for program expiration; providing for the
   32         establishment of a commission; providing purposes and
   33         duties of the commission and for the appointment of
   34         members; requiring a commission report to be submitted
   35         to the Governor and the Legislature; repealing s.
   36         408.70, F.S., relating to legislative findings
   37         regarding access to affordable health care; amending
   38         s. 408.910, F.S.; revising legislative intent;
   39         redefining terms; revising the scope of the Florida
   40         Health Choices Program and the pricing of services
   41         under the program; providing requirements for
   42         operation of the marketplace; providing additional
   43         duties for the corporation to perform; requiring an
   44         annual report to the Governor and the Legislature;
   45         amending s. 409.904, F.S.; limiting eligible persons
   46         in the Medically Needy program to those under the age
   47         of 21 and pregnant women, and specifying an effective
   48         date; providing an expiration date for the program;
   49         amending s. 624.91, F.S.; revising eligibility
   50         requirements for state-funded assistance; revising the
   51         duties and powers of the Florida Healthy Kids
   52         Corporation; revising provisions for the appointment
   53         of members of the board of the Florida Healthy Kids
   54         Corporation; requiring transition plans; repealing s.
   55         624.915, F.S., relating to the operating fund of the
   56         Florida Healthy Kids Corporation; providing a
   57         directive to the Division of Law Revision and
   58         Information; providing for construction of the act in
   59         pari materia with laws enacted during the 2015 Regular
   60         Session of the Legislature; providing an effective
   61         date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The Division of Law Revision and Information is
   66  directed to rename part II of chapter 409, Florida Statutes, as
   67  “Insurance Affordability Programs” and to incorporate ss.
   68  409.72-409.731, Florida Statutes, under this part.
   69         Section 2. Section 409.72, Florida Statutes, is created to
   70  read:
   71         409.72 Short title.—Sections 409.72-409.731 may be cited as
   72  the “Florida Health Insurance Affordability Exchange Program”
   73  (“FHIX”).
   74         Section 3. Section 409.721, Florida Statutes, is created to
   75  read:
   76         409.721 Program authority.—The Florida Health Insurance
   77  Affordability Exchange Program (FHIX) is created within the
   78  Agency for Health Care Administration to assist Floridians in
   79  purchasing health benefits coverage and gaining access to health
   80  services. The products and services offered by FHIX are based on
   81  the following principles:
   82         (1) FAIR VALUE.—Financial assistance will be rationally
   83  allocated regardless of differences in categorical eligibility.
   84         (2) CONSUMER CHOICE.—Participants will be offered
   85  meaningful choices in the way the participants can redeem the
   86  value of the available assistance.
   87         (3) SIMPLICITY.—Obtaining assistance will be consumer
   88  friendly, and customer support will be available when needed.
   89         (4) PORTABILITY.—Participants can continue to access the
   90  FHIX services and products despite changes in their
   91  circumstances.
   92         (5) EMPLOYMENT.—Assistance will be offered in a way that
   93  incentivizes employment.
   94         (6) CONSUMER EMPOWERMENT.—Assistance will be offered in a
   95  manner that maximizes individual control over available
   96  resources.
   97         (7) RISK ADJUSTMENT.—The amount of assistance will reflect
   98  participants’ medical risk.
   99         Section 4. Section 409.722, Florida Statutes, is created to
  100  read:
  101         409.722 Definitions.—As used in ss. 409.72-409.731, the
  102  term:
  103         (1) “Agency” means the Agency for Health Care
  104  Administration.
  105         (2) “Applicant” means an individual who applies for
  106  determination of eligibility for health benefits coverage under
  107  this part.
  108         (3) “Corporation” means Florida Health Choices, Inc., as
  109  established under s. 408.910.
  110         (4) “Enrollee” means a participant who has been determined
  111  eligible for and is receiving health benefits coverage under
  112  this part.
  113         (5) “Federal exchange” or “exchange” means an insurance
  114  platform regulated by the Federal Government which offers tiers
  115  of health plans from the least comprehensive plan to the most
  116  comprehensive plan.
  117         (6) “FHIX marketplace” or “marketplace” means the single,
  118  centralized market established under s. 408.910 which
  119  facilitates health benefits coverage.
  120         (7) “Florida Health Insurance Affordability Exchange
  121  Program” or “FHIX” means the program created under ss. 409.72
  122  409.731.
  123         (8) “Florida Healthy Kids Corporation” means the entity
  124  created under s. 624.91.
  125         (9) “Florida Kidcare program” or “Kidcare program” means
  126  the health benefits coverage administered through ss. 409.810
  127  409.821.
  128         (10) “Health benefits coverage” means the payment of
  129  benefits for covered health care services or the availability,
  130  directly or through arrangements with other persons, of covered
  131  health care services on a prepaid per capita basis or on a
  132  prepaid aggregate fixed-sum basis.
  133         (11) “Inactive status” means the enrollment status of a
  134  participant previously enrolled in health benefits coverage
  135  through FHIX who lost coverage for noncompliance pursuant to s.
  136  409.723, but who maintains access to his or her balance in a
  137  health savings account or health reimbursement account.
  138         (12) “Medicaid” means the medical assistance program
  139  authorized by Title XIX of the Social Security Act, and
  140  regulations thereunder, and parts III and IV of this chapter, as
  141  administered in this state by the agency.
  142         (13) “Modified adjusted gross income” means the
  143  individual’s or household’s annual adjusted gross income, as
  144  defined in s. 36B(d)(2) of the Internal Revenue Code of 1986,
  145  which is used to determine eligibility for FHIX.
  146         (14) “Patient Protection and Affordable Care Act” or
  147  “Affordable Care Act” means Pub. L. No. 111-148, as amended by
  148  the Health Care and Education Reconciliation Act of 2010, Pub.
  149  L. No. 111-152, and regulations adopted pursuant to those acts.
  150         (15) “Premium credit” means the monthly amount paid by the
  151  agency per enrollee in the Florida Health Insurance
  152  Affordability Exchange Program toward health benefits coverage.
  153         (16) “Qualified alien” means an alien as defined in 8
  154  U.S.C. s. 1641(b) or (c).
  155         (17) “Resident” means a United States citizen or qualified
  156  alien who is domiciled in this state.
  157         Section 5. Section 409.723, Florida Statutes, is created to
  158  read:
  159         409.723Participation.—
  160         (1) ELIGIBILITY.—To participate in FHIX, an individual must
  161  be a resident and meet the following requirements, as
  162  applicable:
  163         (a) Qualify as a newly eligible enrollee, and be an
  164  individual as described in s. 1902(a)(10)(A)(i)(VIII) of the
  165  Social Security Act or s. 2001 of the Affordable Care Act and as
  166  may be further defined by federal regulation.
  167         (b) Meet and maintain the responsibilities under subsection
  168  (4).
  169         (c) Qualify for participation in the Florida Healthy Kids
  170  program under s. 624.91, subject to the implementation of Phase
  171  Two under s. 409.727.
  172         (2) ENROLLMENT.—To enroll in FHIX, an applicant must submit
  173  an application to the department for an eligibility
  174  determination.
  175         (a) Applications may be submitted online, or by mail,
  176  facsimile, or any other method permitted by law or regulation.
  177         (b) The department is responsible for any eligibility
  178  correspondence and status updates to the participant and other
  179  agencies.
  180         (c) The department shall review a participant’s eligibility
  181  at least every 12 months.
  182         (d) An application or renewal is deemed complete when the
  183  participant has met all the requirements under subsection (4),
  184  as applicable.
  185         (3) PARTICIPANT RIGHTS.—A participant has all of the
  186  following rights:
  187         (a)Access to the FHIX marketplace or federal exchange to
  188  select the scope, amount, and type of health care coverage and
  189  other services to be purchased.
  190         (b) Continuity and portability of coverage to avoid
  191  disruption of coverage and other health care services when the
  192  participant’s economic circumstances change.
  193         (c) Retention of applicable unspent credits in the
  194  participant’s health savings or health reimbursement account
  195  following a change in the participant’s eligibility status.
  196  Credits are valid for a participant in an inactive status for up
  197  to 5 years after the participant’s status first becomes
  198  inactive.
  199         (d) Ability to select more than one product or plan on the
  200  FHIX marketplace or federal exchange.
  201         (e) Choice of at least two health benefits products that
  202  meet the requirements of the Affordable Care Act.
  203         (4) PARTICIPANT RESPONSIBILITIES.—A participant must:
  204         (a) Complete an initial application for health benefits
  205  coverage and the annual renewal process.
  206         (b) Provide evidence of participation in one or more of the
  207  following activities at the levels required under paragraph (c):
  208         1. Paid employment.
  209         2. On-the-job training or job placement activities.
  210  Evidence of participation in job placement activities must
  211  include registration with CareerSource Florida and may include
  212  other documentation such as, but not limited to, written
  213  acknowledgment from a potential employer of receipt of an
  214  employment application from the participant; confirmation from a
  215  potential employer of a job interview with the participant;
  216  documentation of job-seeking activities; and documentation of
  217  assistance or training related to preparing a resume, completing
  218  an employment application, or interviewing skills.
  219         3. Educational pursuits.
  220  
  221  A participant who is a disabled adult or the caregiver of a
  222  disabled child or adult may submit a request to the department
  223  for an exception to the requirements in this paragraph. Such
  224  participant shall annually submit to the department a request to
  225  renew the exception. The term “disabled” means any person who
  226  has one or more permanent physical or mental impairments that
  227  substantially limit his or her ability to perform one or more
  228  major life activities of daily living, as defined by the
  229  Americans with Disabilities Act, without receiving more than 8
  230  hours of assistance per day.
  231         (c) Engage in the activities required under paragraph (b)
  232  at the following minimum levels:
  233         1. For a parent of a child younger than 18 years of age, a
  234  minimum of 20 hours weekly.
  235         2. For a childless adult, a minimum of 30 hours weekly.
  236         (d) Learn and remain informed about the choices available
  237  in the FHIX marketplace or the federal exchange and the
  238  allowable uses of credits in the individual accounts.
  239         (e) Execute a contract with the department which
  240  acknowledges that:
  241         1. FHIX is not an entitlement and state and federal funding
  242  may end at any time;
  243         2. Failure to pay required premiums or cost sharing will
  244  result in a transition to inactive status; and
  245         3. Noncompliance with the participation requirements as
  246  established under s. 409.723 will result in a transition to
  247  inactive status.
  248         (f) Select plans and other products in a timely manner.
  249         (g) Comply with program rules and the prohibitions against
  250  fraud, as described in s. 414.39.
  251         (h) Timely make monthly premium and any other cost-sharing
  252  payments.
  253         (i) Meet minimum coverage requirements by selecting either
  254  a high-deductible health plan combined with a health savings or
  255  a reimbursement account or a combination of plans or products
  256  with an actuarial value that meets or exceeds benefits available
  257  under the federal exchange.
  258         (5) COST SHARING.—
  259         (a) Except for enrollees eligible under paragraph (1)(c),
  260  enrollees are assessed monthly premiums based on their modified
  261  adjusted gross income. The maximum monthly premium payments are
  262  set at the following income levels:
  263         1. At or below 22 percent of the federal poverty level: $3.
  264         2. Greater than 22 percent, but at or below 50 percent, of
  265  the federal poverty level: $8.
  266         3. Greater than 50 percent, but at or below 75 percent, of
  267  the federal poverty level: $15.
  268         4. Greater than 75 percent, but at or below 100 percent, of
  269  the federal poverty level: $20.
  270         5. Greater than 100 percent of the federal poverty level:
  271  $25.
  272         (b) Depending on the products and services selected by the
  273  enrollee, the enrollee may also incur additional cost sharing,
  274  such as copayments, deductibles, or other out-of-pocket costs.
  275         (c) An enrollee may be subject to charges for an
  276  inappropriate emergency room visit of up to $8 for the first
  277  visit and up to $25 for any subsequent visit, based on the
  278  enrollee’s benefit plan, to discourage inappropriate use of the
  279  emergency room.
  280         (d) Cumulative annual cost sharing per enrollee may not
  281  exceed 5 percent of an enrollee’s annual modified adjusted gross
  282  income.
  283         (e) If, after a 30-day grace period, a full premium payment
  284  has not been received, the enrollee shall be transitioned from
  285  coverage to inactive status and may not reenroll for a minimum
  286  of 6 months, unless a hardship exception has been granted.
  287  Enrollees may seek a hardship exception under the Medicaid Fair
  288  Hearing Process.
  289         (f) Enrollees eligible under paragraph (1)(c) must pay
  290  premiums according to the Title XXI state plan amendment and
  291  follow disenrollment criteria for noncompliance in accordance
  292  with s. 624.91.
  293         Section 6. Section 409.724, Florida Statutes, is created to
  294  read:
  295         409.724Available assistance.—
  296         (1)PREMIUM CREDITS.—
  297         (a) Standard amount.—The agency shall develop a monthly
  298  premium credit structure appropriate to a benefit plan that
  299  meets the bronze metal standard of the Affordable Care Act.
  300         (b) Supplemental funding.—Subject to federal approval,
  301  additional resources may be made available to enrollees and
  302  incorporated into FHIX.
  303         (c) Savings accounts.—In addition to the benefits provided
  304  under this section, the corporation must offer each enrollee
  305  access to an individual account that qualifies as a health
  306  reimbursement account or a health savings account.
  307         1. Unexpended funds.—Eligible unexpended funds from the
  308  monthly premium credit must be deposited into each enrollee’s
  309  individual account in a timely manner. Funds deposited into
  310  these individual accounts may be used to pay cost-sharing
  311  obligations or to purchase other health-related items to the
  312  extent permitted under federal and state law.
  313         2.Healthy behaviors.—Enrollees may receive credits to
  314  their individual accounts for healthy behaviors, adherence to
  315  wellness programs, and other activities that demonstrate
  316  compliance with prevention or disease management guidelines.
  317         3. Enrollee contributions.—The enrollee may make deposits
  318  to his or her account at any time to supplement the premium
  319  credit, to purchase additional FHIX products, or to offset other
  320  cost-sharing obligations.
  321         4. Third parties.—Third parties, including, but not limited
  322  to, an employer or relative, may also make deposits on behalf of
  323  the enrollee into the enrollee’s FHIX marketplace account. The
  324  enrollee may not withdraw any funds as a refund, except those
  325  funds the enrollee has deposited into his or her account.
  326         (2) CHOICE COUNSELING.—The agency, in consultation with the
  327  Florida Healthy Kids Corporation and the corporation, shall
  328  develop a choice counseling program for FHIX. The choice
  329  counseling program must ensure that participants have
  330  information about the FHIX marketplace program, the federal
  331  exchange, products, and services and that participants know
  332  where and whom to call for questions or to make their plan
  333  selections. The choice counseling program must provide
  334  culturally sensitive materials and must take into consideration
  335  the demographics of the projected population.
  336         (3)EDUCATION CAMPAIGN.—The agency, the corporation, and
  337  the Florida Healthy Kids Corporation must coordinate in advance
  338  of Phase One an ongoing education campaign to inform
  339  participants, at a minimum, of the following:
  340         (a) How the FHIX marketplace operates and the timeline for
  341  enrollment.
  342         (b) Plans that are available and how to find information
  343  about these plans.
  344         (c) Information about other available insurance
  345  affordability programs for the participant and his or her
  346  family.
  347         (d) Information about health benefits coverage, provider
  348  networks, and cost sharing for available plans in each region.
  349         (e) Information on how to complete the required annual
  350  renewal process, including renewal dates and deadlines.
  351         (f) Information on how to update eligibility if the
  352  participant’s data have changed since his or her last renewal or
  353  application date.
  354         (4) CUSTOMER SUPPORT.—The Florida Healthy Kids Corporation
  355  shall provide customer support for FHIX, including, but not
  356  limited to, general program information, financial information,
  357  and enrollee payments. Customer support must also provide a
  358  toll-free telephone number and maintain a website that is
  359  available in multiple languages and that meets the needs of the
  360  enrollee population.
  361         (5) INACTIVE PARTICIPANTS.—The corporation must inform the
  362  inactive participant about other insurance affordability
  363  programs and electronically refer the participant to the federal
  364  exchange or other insurance affordability programs, as
  365  appropriate.
  366         Section 7. Section 409.725, Florida Statutes, is created to
  367  read:
  368         409.725Available products and services.—The FHIX
  369  marketplace shall offer the following products and services:
  370         (1) Products and services authorized pursuant to s.
  371  408.910.
  372         (2) Products authorized by the federal exchange.
  373         (3) Products authorized by the Florida Healthy Kids
  374  Corporation pursuant to s. 624.91.
  375         (4) Premium credits for participation in employer-sponsored
  376  plans.
  377         Section 8. Section 409.726, Florida Statutes, is created to
  378  read:
  379         409.726Program accountability.—
  380         (1) All managed care plans that participate in FHIX must
  381  collect and maintain encounter level data in accordance with the
  382  encounter data requirements under s. 409.967(2)(d) and are
  383  subject to the accompanying penalties under s. 409.967(2)(h)2.
  384  The agency is responsible for the collection and maintenance of
  385  the encounter level data.
  386         (2)The corporation, in consultation with the agency, shall
  387  establish access and network standards for contracts on the FHIX
  388  marketplace, shall ensure that contracted plans have sufficient
  389  providers to meet enrollee needs, and shall develop quality of
  390  coverage and provider standards specific to the adult
  391  population.
  392         (3)The department shall develop accountability measures
  393  and performance standards to be applied to initial and renewal
  394  FHIX applications that are submitted online, by mail, by
  395  facsimile, or through referrals from a third party. The minimum
  396  performance standards are:
  397         (a) Application processing speed.—Ninety percent of all
  398  applications, regardless of the method of submission, must be
  399  processed within 45 days.
  400         (b) Application processing speed from online sources.
  401  Ninety-five percent of all applications received from online
  402  sources must be processed within 45 days.
  403         (c) Renewal application processing speed.—Ninety percent of
  404  all renewals, regardless of the method of submission, must be
  405  processed within 45 days.
  406         (d) Renewal application processing speed from online
  407  sources.—Ninety-five percent of all applications received from
  408  online sources must be processed within 45 days.
  409         (4) The agency, the department, and the Florida Healthy
  410  Kids Corporation must meet the following standards for their
  411  respective roles in the program:
  412         (a) Eighty-five percent of calls must be answered in 20
  413  seconds or less.
  414         (b) All contacts, including, but not limited to, telephone
  415  calls, faxed documents and requests, and e-mails, must be
  416  handled within 2 business days.
  417         (c)Any self-service tools available to participants, such
  418  as interactive voice response systems, must be operational 7
  419  days a week, 24 hours a day, at least 98 percent of each month.
  420         (5) The agency, the department, and the Florida Healthy
  421  Kids Corporation shall conduct an annual satisfaction survey to
  422  address all measures that require participant input specific to
  423  the FHIX marketplace program. The parties may elect to
  424  incorporate these elements into the annual report required under
  425  subsection (7).
  426         (6) The agency and the corporation shall post online
  427  monthly enrollment reports for FHIX.
  428         (7) Beginning in 2016, an annual report is due no later
  429  than July 1 to the Governor, the President of the Senate, and
  430  the Speaker of the House of Representatives. The annual report
  431  must be coordinated by the agency and the corporation and must
  432  include at least the following:
  433         (a) Enrollment and application trends and issues.
  434         (b) Utilization and cost data.
  435         (c) Customer satisfaction.
  436         (d) Funding sources in health savings accounts or health
  437  reimbursement accounts.
  438         (e) Enrollee use of funds in health savings accounts or
  439  health reimbursement accounts.
  440         (f) Types of products and plans purchased.
  441         (g) Movement of enrollees across different insurance
  442  affordability programs.
  443         (h) Recommendations for program improvement.
  444         Section 9. Section 409.727, Florida Statutes, is created to
  445  read:
  446         409.727Readiness review and implementation schedule.—The
  447  agency, the corporation, the department, and the Florida Healthy
  448  Kids Corporation shall begin implementation of FHIX on the
  449  effective date of this act, with enrollment for Phase One
  450  beginning by January 1, 2016.
  451         (1) READINESS REVIEW.—Before implementation of any phase
  452  under this part or in any region, the agency shall conduct a
  453  readiness review in consultation with the FHIX Workgroup
  454  established pursuant to s. 409.729. The agency shall determine,
  455  at a minimum, the following readiness milestones:
  456         (a) Functional readiness of the service delivery platform.
  457         (b) Plan availability and presence of plan choice.
  458         (c) Provider network capacity and adequacy of the available
  459  plans.
  460         (d) Availability of customer support.
  461         (e) Other factors critical to the success of FHIX.
  462         (2) PHASE ONE.—The agency, the corporation, and the Florida
  463  Healthy Kids Corporation shall coordinate implementation
  464  activities to ensure that enrollment begins by January 1, 2016,
  465  and is available in all regions by July 1, 2016.
  466         (a) Beginning no later than January 1, 2016, and contingent
  467  upon federal approval, participants may enroll in health
  468  benefits coverage under the FHIX marketplace or the federal
  469  exchange, if eligible.
  470         (b)To be eligible for enrollment during this phase, a
  471  participant must meet the requirements under s. 409.723(1)(a)
  472  and (b).
  473         (c) An enrollee may select any benefit, service, or product
  474  available in the region.
  475         (d) The corporation shall notify an enrollee of his or her
  476  premium credit amount and how to access the FHIX marketplace
  477  selection process or the federal exchange.
  478         (e) An enrollee must have a choice of at least two managed
  479  care plans in each region which meet or exceed the Affordable
  480  Care Act’s requirements and which qualify for a premium credit
  481  on the FHIX marketplace or federal exchange.
  482         (f) Choice counseling and customer service must be provided
  483  in accordance with s. 409.724(2) and (4).
  484         (3) PHASE TWO.—
  485         (a) No later than July 1, 2016, the corporation and the
  486  Florida Healthy Kids Corporation shall begin the transition of
  487  enrollees under s. 624.91 to the FHIX marketplace.
  488         (b)Eligibility during this phase is based on meeting the
  489  requirements of s. 409.723(1)(c) and (4).
  490         (c) An enrollee may select any available benefit, service,
  491  or product available under s. 409.725.
  492         (d) A Florida Healthy Kids enrollee who selects a FHIX
  493  marketplace plan or federal exchange plan shall be provided a
  494  premium credit equivalent to the average capitation rate paid in
  495  his or her county of residence under Florida Healthy Kids as of
  496  June 30, 2016. The enrollee is responsible for any difference in
  497  costs and may use any unexpended funds deposited in his or her
  498  savings account under s. 409.724(1)(c) for supplemental benefits
  499  on the FHIX marketplace or federal exchange.
  500         (e) The corporation shall notify an enrollee of his or her
  501  premium credit amount and how to access the FHIX marketplace
  502  selection process or federal exchange.
  503         (f) Choice counseling and customer service must be provided
  504  in accordance with s. 409.724(2) and (4).
  505         (g) Enrollees under s. 624.91 must transition to the FHIX
  506  marketplace and coverage under s. 409.725 by September 30, 2016.
  507         (h) A provision that is applicable to an individual under
  508  s. 624.91 is available and applicable to an enrollee who is
  509  eligible under s. 409.723(1)(c).
  510         Section 10. Section 409.728, Florida Statutes, is created
  511  to read:
  512         409.728Program operation and management.—In order to
  513  implement ss. 409.72-409.731:
  514         (1) The agency shall do all of the following:
  515         (a) Contract with the corporation for the development,
  516  implementation, and administration of the Florida Health
  517  Insurance Affordability Exchange Program and for the release of
  518  any federal, state, or other funds appropriated to the
  519  corporation.
  520         (b) Provide administrative support to the FHIX Workgroup
  521  established pursuant to s. 409.729.
  522         (c) Consult with stakeholders that serve low-income
  523  individuals and families during implementation, using a public
  524  input process.
  525         (d) Timely transmit enrollee information to the
  526  corporation.
  527         (e) Annually determine the appropriate premium credit based
  528  on the difference in the price of a benchmark product on the
  529  FHIX marketplace and the enrollee premium contribution as
  530  outlined in s. 409.723(5)(a). For purposes of this paragraph,
  531  the benchmark product on the FHIX marketplace is the bronze
  532  level plan under the Affordable Care Act. For plans on the FHIX
  533  marketplace, the agency shall annually establish a retroactive
  534  methodology to adjust premium revenue to the relative clinical
  535  risk profile of each plan’s enrollees.
  536         (f) Transfer funds allocated for premium credits by General
  537  Appropriations Act to the corporation.
  538         (g) Adopt rules in coordination with the corporation and
  539  the Florida Healthy Kids Corporation in order to implement FHIX,
  540  including modifying existing rules implementing the Children’s
  541  Health Insurance Program and adapting adult focused provisions
  542  for children to accommodate the seamless transition of Healthy
  543  Kids enrollees to FHIX.
  544         (2) The department shall, in coordination with the
  545  corporation, the agency, and the Florida Healthy Kids
  546  Corporation, determine eligibility of applications and
  547  application renewals for FHIX in accordance with s. 409.902 and
  548  shall transmit eligibility determination information on a timely
  549  basis to the agency and corporation.
  550         (3) The Florida Healthy Kids Corporation shall do all of
  551  the following:
  552         (a) Retain its duties and responsibilities under s. 624.91
  553  during Phase One of the program.
  554         (b) In coordination with the agency and the corporation,
  555  provide customer service for the FHIX marketplace.
  556         (c) Transfer funds and provide financial support to the
  557  FHIX marketplace, including the collection of monthly cost
  558  sharing payments.
  559         (d) Conduct financial reporting related to such activities,
  560  in coordination with the corporation and the agency.
  561         (e) Coordinate program activities with the agency, the
  562  department, and the corporation.
  563         (4) Florida Health Choices, Inc., shall do all of the
  564  following:
  565         (a) Develop and maintain the FHIX marketplace.
  566         (b) Implement and administer Phase One and Phase Two of the
  567  FHIX marketplace and the ongoing operations of the program.
  568         (c) Offer health benefits coverage packages on the FHIX
  569  marketplace, including plans compliant with the Affordable Care
  570  Act.
  571         (d) Offer FHIX enrollees a choice of at least two plans per
  572  county at each benefit level which meet the requirements under
  573  the Affordable Care Act.
  574         (e) Offer the opportunity to participate in the federal
  575  exchange.
  576         (f) Offer enhanced or customized benefits to FHIX
  577  marketplace enrollees.
  578         (g) Provide sufficient staff and resources to meet the
  579  program needs of enrollees.
  580         (h) Provide an opportunity for plans contracted with or
  581  previously contracted with the Florida Healthy Kids Corporation
  582  under s. 624.91 to participate with FHIX if those plans meet the
  583  requirements of the program.
  584         (i) Encourage insurance agents licensed under chapter 626
  585  to identify and assist enrollees. This act does not prohibit
  586  these agents from receiving usual and customary commissions from
  587  insurers and health maintenance organizations that offer plans
  588  in the FHIX marketplace.
  589         Section 11. Section 409.729, Florida Statutes, is created
  590  to read:
  591         409.729 Long-term reorganization.—The FHIX Workgroup is
  592  created to facilitate the implementation of FHIX and to plan for
  593  the reorganization of the state’s insurance affordability
  594  programs. The FHIX Workgroup consists of two representatives
  595  each from the agency, the department, the Florida Healthy Kids
  596  Corporation, and the corporation. An additional representative
  597  of the agency serves as chair. The FHIX Workgroup must hold its
  598  organizational meeting no later than 30 days after the effective
  599  date of this act and must meet at least bimonthly. The role of
  600  the FHIX Workgroup is to make recommendations to the agency. The
  601  responsibilities of the workgroup include, but are not limited
  602  to:
  603         (1) Developing and presenting a final implementation plan
  604  that meets the requirements of this part in a report submitted
  605  to the Governor, the President of the Senate, and the Speaker of
  606  the House of Representatives no later than November 1, 2015.
  607         (2) Reviewing network and access standards for plans and
  608  products.
  609         (3) Assessing readiness and recommending actions needed to
  610  reorganize the state’s insurance affordability programs for each
  611  phase or region. If a phase or region receives a nonreadiness
  612  recommendation, the agency shall notify the Legislature of that
  613  recommendation, the reasons for such a recommendation, and
  614  proposed plans for achieving readiness.
  615         (4) Recommending any proposed change to the Title XIX
  616  funded or Title XXI-funded programs based on the continued
  617  availability and reauthorization of the Title XXI program and
  618  its federal funding.
  619         (5) Identifying duplication of services by the corporation,
  620  the agency, and the Florida Healthy Kids Corporation currently
  621  and under FHIX’s proposed Phase Two program.
  622         (6) Evaluating any fiscal impacts based on the proposed
  623  transition plan under Phase Two.
  624         (7) Compiling a schedule of impacted contracts, leases, and
  625  other assets.
  626         (8) Determining staff requirements for Phase Two.
  627         Section 12. Section 409.73, Florida Statutes, is created to
  628  read:
  629         409.73Legislative review.—The agency may seek federal
  630  approval to implement FHIX as provided in ss. 409.72-409.731.
  631  The agency is prohibited from implementing the FHIX waiver
  632  without specific legislative approval unless the terms and
  633  conditions of the approved waiver are substantially consistent
  634  with the statutory requirements for this program.
  635         Section 13. Section 409.731, Florida Statutes, is created
  636  to read:
  637         409.731 Program expiration.—
  638         (1) The Florida Health Insurance Affordability Exchange
  639  Program expires at the end of the state fiscal year in which any
  640  of these conditions occurs:
  641         (a) The federal match contribution for the newly eligible
  642  under the Affordable Care Act falls below 90 percent.
  643         (b) The federal match contribution falls below the
  644  increased Federal Medical Assistance Percentage for medical
  645  assistance for newly eligible mandatory individuals as specified
  646  in the Affordable Care Act.
  647         (c) The federal match for the FHIX program and the Medicaid
  648  program are blended under federal law or regulation in such a
  649  manner that causes the overall federal contribution to diminish
  650  when compared to separate, nonblended federal contributions.
  651         (2) Provided the conditions specified in subsection (1)
  652  have not previously occurred, the Florida Health Insurance
  653  Affordability Exchange Program shall expire on July 1, 2018,
  654  unless reviewed and reenacted by the Legislature.
  655         (3)The Health Outcomes Review Commission is established to
  656  assess the following indicators:
  657         (a) Patient outcomes.Selected measures from the National
  658  Healthcare Quality Report or similarly credible sources will be
  659  applied to FHIX enrollees and compared to outcomes for Managed
  660  Medical Assistance enrollees and uninsured patients.
  661         (b) Fiscal impact.Actual annual state general revenue
  662  expenditures for the FHIX program will be compared to predicted
  663  expenditures.
  664         (c) Access to care.Potentially preventable hospitalization
  665  rates for acute and chronic conditions and potentially
  666  preventable emergency department visits among FHIX enrollees
  667  will be compared to Managed Medical Assistance enrollees and
  668  uninsured patients.
  669         (4)The Health Outcomes Review Commission shall consist of
  670  nine members appointed by the Governor, the President of the
  671  Senate, and the Speaker of the House. The Governor and each
  672  presiding officer shall appoint one healthcare professional, one
  673  private business representative, and one elected official.
  674         (5)The commission shall be appointed no later than January
  675  1, 2017, and shall meet regularly to select specific indicators,
  676  review preliminary data, and develop a framework for a final
  677  report. Staff support shall be provided to the commission by the
  678  Agency for Health Care Administration.
  679         (6)The commission’s final report shall be submitted to the
  680  Governor, the President of the Senate, and the Speaker of the
  681  House by January 1, 2018.
  682         Section 14. Section 408.70, Florida Statutes, is repealed.
  683         Section 15. Section 408.910, Florida Statutes, is amended
  684  to read:
  685         408.910 Florida Health Choices Program.—
  686         (1) LEGISLATIVE INTENT.—The Legislature finds that a
  687  significant number of the residents of this state do not have
  688  adequate access to affordable, quality health care. The
  689  Legislature further finds that increasing access to affordable,
  690  quality health care can be best accomplished by establishing a
  691  competitive market for purchasing health insurance and health
  692  services. It is therefore the intent of the Legislature to
  693  create and expand the Florida Health Choices Program to:
  694         (a) Expand opportunities for Floridians to purchase
  695  affordable health insurance and health services.
  696         (b) Preserve the benefits of employment-sponsored insurance
  697  while easing the administrative burden for employers who offer
  698  these benefits.
  699         (c) Enable individual choice in both the manner and amount
  700  of health care purchased.
  701         (d) Provide for the purchase of individual, portable health
  702  care coverage.
  703         (e) Disseminate information to consumers on the price and
  704  quality of health services.
  705         (f) Sponsor a competitive market that stimulates product
  706  innovation, quality improvement, and efficiency in the
  707  production and delivery of health services.
  708         (2) DEFINITIONS.—As used in this section, the term:
  709         (a) “Corporation” means the Florida Health Choices, Inc.,
  710  established under this section.
  711         (b) “Corporation’s marketplace” means the single,
  712  centralized market established by the program that facilitates
  713  the purchase of products made available in the marketplace.
  714         (c) “Florida Health Insurance Affordability Exchange
  715  Program” or “FHIX” is the program created under ss. 409.72
  716  409.731 for low-income, uninsured residents of this state.
  717         (d)(c) “Health insurance agent” means an agent licensed
  718  under part IV of chapter 626.
  719         (e)(d) “Insurer” means an entity licensed under chapter 624
  720  which offers an individual health insurance policy or a group
  721  health insurance policy, a preferred provider organization as
  722  defined in s. 627.6471, an exclusive provider organization as
  723  defined in s. 627.6472, or a health maintenance organization
  724  licensed under part I of chapter 641, or a prepaid limited
  725  health service organization or discount medical plan
  726  organization licensed under chapter 636.
  727         (f) “Patient Protection and Affordable Care Act” or
  728  “Affordable Care Act” means Pub. L. No. 111-148, as further
  729  amended by the Health Care and Education Reconciliation Act of
  730  2010, Pub. L. No. 111-152, and regulations adopted pursuant to
  731  those acts.
  732         (g)(e) “Program” means the Florida Health Choices Program
  733  established by this section.
  734         (3) PROGRAM PURPOSE AND COMPONENTS.—The Florida Health
  735  Choices Program is created as a single, centralized market for
  736  the sale and purchase of various products that enable
  737  individuals to pay for health care. These products include, but
  738  are not limited to, health insurance plans, health maintenance
  739  organization plans, prepaid services, service contracts, and
  740  flexible spending accounts. The components of the program
  741  include:
  742         (a) Enrollment of employers.
  743         (b) Administrative services for participating employers,
  744  including:
  745         1. Assistance in seeking federal approval of cafeteria
  746  plans.
  747         2. Collection of premiums and other payments.
  748         3. Management of individual benefit accounts.
  749         4. Distribution of premiums to insurers and payments to
  750  other eligible vendors.
  751         5. Assistance for participants in complying with reporting
  752  requirements.
  753         (c) Services to individual participants, including:
  754         1. Information about available products and participating
  755  vendors.
  756         2. Assistance with assessing the benefits and limits of
  757  each product, including information necessary to distinguish
  758  between policies offering creditable coverage and other products
  759  available through the program.
  760         3. Account information to assist individual participants
  761  with managing available resources.
  762         4. Services that promote healthy behaviors.
  763         5.Health benefits coverage information about health
  764  insurance plans compliant with the Affordable Care Act.
  765         6. Consumer assistance with web-based information services
  766  for the Florida Health Insurance Affordability Exchange Program,
  767  or (”FHIX”).
  768         (d) Recruitment of vendors, including insurers, health
  769  maintenance organizations, prepaid clinic service providers,
  770  provider service networks, and other providers.
  771         (e) Certification of vendors to ensure capability,
  772  reliability, and validity of offerings.
  773         (f) Collection of data, monitoring, assessment, and
  774  reporting of vendor performance.
  775         (g) Information services for individuals and employers.
  776         (h) Program evaluation.
  777         (4) ELIGIBILITY AND PARTICIPATION.—Participation in the
  778  program is voluntary and shall be available to employers,
  779  individuals, vendors, and health insurance agents as specified
  780  in this subsection.
  781         (a) Employers eligible to enroll in the program include
  782  those employers that meet criteria established by the
  783  corporation and elect to make their employees eligible through
  784  the program.
  785         (b) Individuals eligible to participate in the program
  786  include:
  787         1. Individual employees of enrolled employers.
  788         2. Other individuals that meet criteria established by the
  789  corporation.
  790         (c) Employers who choose to participate in the program may
  791  enroll by complying with the procedures established by the
  792  corporation. The procedures must include, but are not limited
  793  to:
  794         1. Submission of required information.
  795         2. Compliance with federal tax requirements for the
  796  establishment of a cafeteria plan, pursuant to s. 125 of the
  797  Internal Revenue Code, including designation of the employer’s
  798  plan as a premium payment plan, a salary reduction plan that has
  799  flexible spending arrangements, or a salary reduction plan that
  800  has a premium payment and flexible spending arrangements.
  801         3. Determination of the employer’s contribution, if any,
  802  per employee, provided that such contribution is equal for each
  803  eligible employee.
  804         4. Establishment of payroll deduction procedures, subject
  805  to the agreement of each individual employee who voluntarily
  806  participates in the program.
  807         5. Designation of the corporation as the third-party
  808  administrator for the employer’s health benefit plan.
  809         6. Identification of eligible employees.
  810         7. Arrangement for periodic payments.
  811         8. Employer notification to employees of the intent to
  812  transfer from an existing employee health plan to the program at
  813  least 90 days before the transition.
  814         (d) All eligible vendors who choose to participate and the
  815  products and services that the vendors are permitted to sell are
  816  as follows:
  817         1. Insurers licensed under chapter 624 may sell health
  818  insurance policies, limited benefit policies, other risk-bearing
  819  coverage, and other products or services.
  820         2. Health maintenance organizations licensed under part I
  821  of chapter 641 may sell health maintenance contracts, limited
  822  benefit policies, other risk-bearing products, and other
  823  products or services.
  824         3. Prepaid limited health service organizations may sell
  825  products and services as authorized under part I of chapter 636,
  826  and discount medical plan organizations may sell products and
  827  services as authorized under part II of chapter 636.
  828         4. Prepaid health clinic service providers licensed under
  829  part II of chapter 641 may sell prepaid service contracts and
  830  other arrangements for a specified amount and type of health
  831  services or treatments.
  832         5. Health care providers, including hospitals and other
  833  licensed health facilities, health care clinics, licensed health
  834  professionals, pharmacies, and other licensed health care
  835  providers, may sell service contracts and arrangements for a
  836  specified amount and type of health services or treatments.
  837         6. Provider organizations, including service networks,
  838  group practices, professional associations, and other
  839  incorporated organizations of providers, may sell service
  840  contracts and arrangements for a specified amount and type of
  841  health services or treatments.
  842         7. Corporate entities providing specific health services in
  843  accordance with applicable state law may sell service contracts
  844  and arrangements for a specified amount and type of health
  845  services or treatments.
  846  
  847  A vendor described in subparagraphs 3.-7. may not sell products
  848  that provide risk-bearing coverage unless that vendor is
  849  authorized under a certificate of authority issued by the Office
  850  of Insurance Regulation and is authorized to provide coverage in
  851  the relevant geographic area. Otherwise eligible vendors may be
  852  excluded from participating in the program for deceptive or
  853  predatory practices, financial insolvency, or failure to comply
  854  with the terms of the participation agreement or other standards
  855  set by the corporation.
  856         (e) Eligible individuals may participate in the program
  857  voluntarily. Individuals who join the program may participate by
  858  complying with the procedures established by the corporation.
  859  These procedures must include, but are not limited to:
  860         1. Submission of required information.
  861         2. Authorization for payroll deduction, if applicable.
  862         3. Compliance with federal tax requirements.
  863         4. Arrangements for payment.
  864         5. Selection of products and services.
  865         (f) Vendors who choose to participate in the program may
  866  enroll by complying with the procedures established by the
  867  corporation. These procedures may include, but are not limited
  868  to:
  869         1. Submission of required information, including a complete
  870  description of the coverage, services, provider network, payment
  871  restrictions, and other requirements of each product offered
  872  through the program.
  873         2. Execution of an agreement to comply with requirements
  874  established by the corporation.
  875         3. Execution of an agreement that prohibits refusal to sell
  876  any offered product or service to a participant who elects to
  877  buy it.
  878         4. Establishment of product prices based on applicable
  879  criteria.
  880         5. Arrangements for receiving payment for enrolled
  881  participants.
  882         6. Participation in ongoing reporting processes established
  883  by the corporation.
  884         7. Compliance with grievance procedures established by the
  885  corporation.
  886         (g) Health insurance agents licensed under part IV of
  887  chapter 626 are eligible to voluntarily participate as buyers’
  888  representatives. A buyer’s representative acts on behalf of an
  889  individual purchasing health insurance and health services
  890  through the program by providing information about products and
  891  services available through the program and assisting the
  892  individual with both the decision and the procedure of selecting
  893  specific products. Serving as a buyer’s representative does not
  894  constitute a conflict of interest with continuing
  895  responsibilities as a health insurance agent if the relationship
  896  between each agent and any participating vendor is disclosed
  897  before advising an individual participant about the products and
  898  services available through the program. In order to participate,
  899  a health insurance agent shall comply with the procedures
  900  established by the corporation, including:
  901         1. Completion of training requirements.
  902         2. Execution of a participation agreement specifying the
  903  terms and conditions of participation.
  904         3. Disclosure of any appointments to solicit insurance or
  905  procure applications for vendors participating in the program.
  906         4. Arrangements to receive payment from the corporation for
  907  services as a buyer’s representative.
  908         (5) PRODUCTS.—
  909         (a) The products that may be made available for purchase
  910  through the program include, but are not limited to:
  911         1. Health insurance policies.
  912         2. Health maintenance contracts.
  913         3. Limited benefit plans.
  914         4. Prepaid clinic services.
  915         5. Service contracts.
  916         6. Arrangements for purchase of specific amounts and types
  917  of health services and treatments.
  918         7. Flexible spending accounts.
  919         (b) Health insurance policies, health maintenance
  920  contracts, limited benefit plans, prepaid service contracts, and
  921  other contracts for services must ensure the availability of
  922  covered services.
  923         (c) Products may be offered for multiyear periods provided
  924  the price of the product is specified for the entire period or
  925  for each separately priced segment of the policy or contract.
  926         (d) The corporation shall provide a disclosure form for
  927  consumers to acknowledge their understanding of the nature of,
  928  and any limitations to, the benefits provided by the products
  929  and services being purchased by the consumer.
  930         (e) The corporation must determine that making the plan
  931  available through the program is in the interest of eligible
  932  individuals and eligible employers in the state.
  933         (6) PRICING.—Prices for the products and services sold
  934  through the program must be transparent to participants and
  935  established by the vendors. The corporation may shall annually
  936  assess a surcharge for each premium or price set by a
  937  participating vendor. Any The surcharge may not be more than 2.5
  938  percent of the price and shall be used to generate funding for
  939  administrative services provided by the corporation and payments
  940  to buyers’ representatives; however, a surcharge may not be
  941  assessed for products and services sold in the FHIX marketplace.
  942         (7) THE MARKETPLACE PROCESS.—The program shall provide a
  943  single, centralized market for purchase of health insurance,
  944  health maintenance contracts, and other health products and
  945  services. Purchases may be made by participating individuals
  946  over the Internet or through the services of a participating
  947  health insurance agent. Information about each product and
  948  service available through the program shall be made available
  949  through printed material and an interactive Internet website.
  950         (a)Marketplace purchasing.A participant needing personal
  951  assistance to select products and services shall be referred to
  952  a participating agent in his or her area.
  953         1.(a) Participation in the program may begin at any time
  954  during a year after the employer completes enrollment and meets
  955  the requirements specified by the corporation pursuant to
  956  paragraph (4)(c).
  957         2.(b) Initial selection of products and services must be
  958  made by an individual participant within the applicable open
  959  enrollment period.
  960         3.(c) Initial enrollment periods for each product selected
  961  by an individual participant must last at least 12 months,
  962  unless the individual participant specifically agrees to a
  963  different enrollment period.
  964         4.(d) If an individual has selected one or more products
  965  and enrolled in those products for at least 12 months or any
  966  other period specifically agreed to by the individual
  967  participant, changes in selected products and services may only
  968  be made during the annual enrollment period established by the
  969  corporation.
  970         5.(e) The limits established in subparagraphs 2., 3., and
  971  4. paragraphs (b)-(d) apply to any risk-bearing product that
  972  promises future payment or coverage for a variable amount of
  973  benefits or services. The limits do not apply to initiation of
  974  flexible spending plans if those plans are not associated with
  975  specific high-deductible insurance policies or the use of
  976  spending accounts for any products offering individual
  977  participants specific amounts and types of health services and
  978  treatments at a contracted price.
  979         (b) FHIX marketplace purchasing.
  980         1. Participation in the FHIX marketplace may begin at any
  981  time during the year.
  982         2. Initial enrollment periods for certain products selected
  983  by an individual enrollee which are noncompliant with the
  984  Affordable Care Act may be required to last at least 12 months,
  985  unless the individual participant specifically agrees to a
  986  different enrollment period.
  987         (8) CONSUMER INFORMATION.—The corporation shall:
  988         (a) Establish a secure website to facilitate the purchase
  989  of products and services by participating individuals. The
  990  website must provide information about each product or service
  991  available through the program.
  992         (b) Inform individuals about other public health care
  993  programs.
  994         (9) RISK POOLING.—The program may use methods for pooling
  995  the risk of individual participants and preventing selection
  996  bias. These methods may include, but are not limited to, a
  997  postenrollment risk adjustment of the premium payments to the
  998  vendors. The corporation may establish a methodology for
  999  assessing the risk of enrolled individual participants based on
 1000  data reported annually by the vendors about their enrollees.
 1001  Distribution of payments to the vendors may be adjusted based on
 1002  the assessed relative risk profile of the enrollees in each
 1003  risk-bearing product for the most recent period for which data
 1004  is available.
 1005         (10) EXEMPTIONS.—
 1006         (a) Products, other than the products set forth in
 1007  subparagraphs (4)(d)1.-4., sold as part of the program are not
 1008  subject to the licensing requirements of the Florida Insurance
 1009  Code, as defined in s. 624.01 or the mandated offerings or
 1010  coverages established in part VI of chapter 627 and chapter 641.
 1011         (b) The corporation may act as an administrator as defined
 1012  in s. 626.88 but is not required to be certified pursuant to
 1013  part VII of chapter 626. However, a third-party third party
 1014  administrator used by the corporation must be certified under
 1015  part VII of chapter 626.
 1016         (c) Any standard forms, website design, or marketing
 1017  communication developed by the corporation and used by the
 1018  corporation, or any vendor that meets the requirements of
 1019  paragraph (4)(f) is not subject to the Florida Insurance Code,
 1020  as established in s. 624.01.
 1021         (11) CORPORATION.—There is created the Florida Health
 1022  Choices, Inc., which shall be registered, incorporated,
 1023  organized, and operated in compliance with part III of chapter
 1024  112 and chapters 119, 286, and 617. The purpose of the
 1025  corporation is to administer the program created in this section
 1026  and to conduct such other business as may further the
 1027  administration of the program.
 1028         (a) The corporation shall be governed by a 15-member board
 1029  of directors consisting of:
 1030         1. Three ex officio, nonvoting members to include:
 1031         a. The Secretary of Health Care Administration or a
 1032  designee with expertise in health care services.
 1033         b. The Secretary of Management Services or a designee with
 1034  expertise in state employee benefits.
 1035         c. The commissioner of the Office of Insurance Regulation
 1036  or a designee with expertise in insurance regulation.
 1037         2. Four members appointed by and serving at the pleasure of
 1038  the Governor.
 1039         3. Four members appointed by and serving at the pleasure of
 1040  the President of the Senate.
 1041         4. Four members appointed by and serving at the pleasure of
 1042  the Speaker of the House of Representatives.
 1043         5. Board members may not include insurers, health insurance
 1044  agents or brokers, health care providers, health maintenance
 1045  organizations, prepaid service providers, or any other entity,
 1046  affiliate, or subsidiary of eligible vendors.
 1047         (b) Members shall be appointed for terms of up to 3 years.
 1048  Any member is eligible for reappointment. A vacancy on the board
 1049  shall be filled for the unexpired portion of the term in the
 1050  same manner as the original appointment.
 1051         (c) The board shall select a chief executive officer for
 1052  the corporation who shall be responsible for the selection of
 1053  such other staff as may be authorized by the corporation’s
 1054  operating budget as adopted by the board.
 1055         (d) Board members are entitled to receive, from funds of
 1056  the corporation, reimbursement for per diem and travel expenses
 1057  as provided by s. 112.061. No other compensation is authorized.
 1058         (e) There is no liability on the part of, and no cause of
 1059  action shall arise against, any member of the board or its
 1060  employees or agents for any action taken by them in the
 1061  performance of their powers and duties under this section.
 1062         (f) The board shall develop and adopt bylaws and other
 1063  corporate procedures as necessary for the operation of the
 1064  corporation and carrying out the purposes of this section. The
 1065  bylaws shall:
 1066         1. Specify procedures for selection of officers and
 1067  qualifications for reappointment, provided that no board member
 1068  shall serve more than 9 consecutive years.
 1069         2. Require an annual membership meeting that provides an
 1070  opportunity for input and interaction with individual
 1071  participants in the program.
 1072         3. Specify policies and procedures regarding conflicts of
 1073  interest, including the provisions of part III of chapter 112,
 1074  which prohibit a member from participating in any decision that
 1075  would inure to the benefit of the member or the organization
 1076  that employs the member. The policies and procedures shall also
 1077  require public disclosure of the interest that prevents the
 1078  member from participating in a decision on a particular matter.
 1079         (g) The corporation may exercise all powers granted to it
 1080  under chapter 617 necessary to carry out the purposes of this
 1081  section, including, but not limited to, the power to receive and
 1082  accept grants, loans, or advances of funds from any public or
 1083  private agency and to receive and accept from any source
 1084  contributions of money, property, labor, or any other thing of
 1085  value to be held, used, and applied for the purposes of this
 1086  section.
 1087         (h) The corporation may establish technical advisory panels
 1088  consisting of interested parties, including consumers, health
 1089  care providers, individuals with expertise in insurance
 1090  regulation, and insurers.
 1091         (i) The corporation shall:
 1092         1. Determine eligibility of employers, vendors,
 1093  individuals, and agents in accordance with subsection (4).
 1094         2. Establish procedures necessary for the operation of the
 1095  program, including, but not limited to, procedures for
 1096  application, enrollment, risk assessment, risk adjustment, plan
 1097  administration, performance monitoring, and consumer education.
 1098         3. Arrange for collection of contributions from
 1099  participating employers, third parties, governmental entities,
 1100  and individuals.
 1101         4. Arrange for payment of premiums and other appropriate
 1102  disbursements based on the selections of products and services
 1103  by the individual participants.
 1104         5. Establish criteria for disenrollment of participating
 1105  individuals based on failure to pay the individual’s share of
 1106  any contribution required to maintain enrollment in selected
 1107  products.
 1108         6. Establish criteria for exclusion of vendors pursuant to
 1109  paragraph (4)(d).
 1110         7. Develop and implement a plan for promoting public
 1111  awareness of and participation in the program.
 1112         8. Secure staff and consultant services necessary to the
 1113  operation of the program.
 1114         9. Establish policies and procedures regarding
 1115  participation in the program for individuals, vendors, health
 1116  insurance agents, and employers.
 1117         10. Provide for the operation of a toll-free hotline to
 1118  respond to requests for assistance.
 1119         11. Provide for initial, open, and special enrollment
 1120  periods.
 1121         12. Evaluate options for employer participation which may
 1122  conform to with common insurance practices.
 1123         13. Administer the Florida Health Insurance Affordability
 1124  Exchange Program in accordance with ss. 409.72-409.731.
 1125         14. Coordinate with the Agency for Health Care
 1126  Administration, the Department of Children and Families, and the
 1127  Florida Healthy Kids Corporation in developing and implementing
 1128  the enrollee transition plan.
 1129         15. Coordinate with the federal exchange to provide FHIX
 1130  enrollees with the option of selecting plans from either the
 1131  FHIX marketplace or the federal exchange.
 1132         (12) REPORT.—The board of the corporation shall Beginning
 1133  in the 2009-2010 fiscal year, submit by February 1 an annual
 1134  report to the Governor, the President of the Senate, and the
 1135  Speaker of the House of Representatives documenting the
 1136  corporation’s activities in compliance with the duties
 1137  delineated in this section.
 1138         (13) PROGRAM INTEGRITY.—To ensure program integrity and to
 1139  safeguard the financial transactions made under the auspices of
 1140  the program, the corporation is authorized to establish
 1141  qualifying criteria and certification procedures for vendors,
 1142  require performance bonds or other guarantees of ability to
 1143  complete contractual obligations, monitor the performance of
 1144  vendors, and enforce the agreements of the program through
 1145  financial penalty or disqualification from the program.
 1146         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1147         (a) Definitions.—For purposes of this subsection, the term:
 1148         1. “Buyer’s representative” means a participating insurance
 1149  agent as described in paragraph (4)(g).
 1150         2. “Enrollee” means an employer who is eligible to enroll
 1151  in the program pursuant to paragraph (4)(a).
 1152         3. “Participant” means an individual who is eligible to
 1153  participate in the program pursuant to paragraph (4)(b).
 1154         4. “Proprietary confidential business information” means
 1155  information, regardless of form or characteristics, that is
 1156  owned or controlled by a vendor requesting confidentiality under
 1157  this section; that is intended to be and is treated by the
 1158  vendor as private in that the disclosure of the information
 1159  would cause harm to the business operations of the vendor; that
 1160  has not been disclosed unless disclosed pursuant to a statutory
 1161  provision, an order of a court or administrative body, or a
 1162  private agreement providing that the information may be released
 1163  to the public; and that is information concerning:
 1164         a. Business plans.
 1165         b. Internal auditing controls and reports of internal
 1166  auditors.
 1167         c. Reports of external auditors for privately held
 1168  companies.
 1169         d. Client and customer lists.
 1170         e. Potentially patentable material.
 1171         f. A trade secret as defined in s. 688.002.
 1172         5. “Vendor” means a participating insurer or other provider
 1173  of services as described in paragraph (4)(d).
 1174         (b) Public record exemptions.—
 1175         1. Personal identifying information of an enrollee or
 1176  participant who has applied for or participates in the Florida
 1177  Health Choices Program is confidential and exempt from s.
 1178  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1179         2. Client and customer lists of a buyer’s representative
 1180  held by the corporation are confidential and exempt from s.
 1181  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1182         3. Proprietary confidential business information held by
 1183  the corporation is confidential and exempt from s. 119.07(1) and
 1184  s. 24(a), Art. I of the State Constitution.
 1185         (c) Retroactive application.—The public record exemptions
 1186  provided for in paragraph (b) apply to information held by the
 1187  corporation before, on, or after the effective date of this
 1188  exemption.
 1189         (d) Authorized release.—
 1190         1. Upon request, information made confidential and exempt
 1191  pursuant to this subsection shall be disclosed to:
 1192         a. Another governmental entity in the performance of its
 1193  official duties and responsibilities.
 1194         b. Any person who has the written consent of the program
 1195  applicant.
 1196         c. The Florida Kidcare program for the purpose of
 1197  administering the program authorized in ss. 409.810-409.821.
 1198         2. Paragraph (b) does not prohibit a participant’s legal
 1199  guardian from obtaining confirmation of coverage, dates of
 1200  coverage, the name of the participant’s health plan, and the
 1201  amount of premium being paid.
 1202         (e) Penalty.—A person who knowingly and willfully violates
 1203  this subsection commits a misdemeanor of the second degree,
 1204  punishable as provided in s. 775.082 or s. 775.083.
 1205         (f) Review and repeal.—This subsection is subject to the
 1206  Open Government Sunset Review Act in accordance with s. 119.15,
 1207  and shall stand repealed on October 2, 2016, unless reviewed and
 1208  saved from repeal through reenactment by the Legislature.
 1209         Section 16. Subsection (2) of section 409.904, Florida
 1210  Statutes, is amended to read:
 1211         409.904 Optional payments for eligible persons.—The agency
 1212  may make payments for medical assistance and related services on
 1213  behalf of the following persons who are determined to be
 1214  eligible subject to the income, assets, and categorical
 1215  eligibility tests set forth in federal and state law. Payment on
 1216  behalf of these Medicaid eligible persons is subject to the
 1217  availability of moneys and any limitations established by the
 1218  General Appropriations Act or chapter 216.
 1219         (2) A family, a pregnant woman, a child under age 21, a
 1220  person age 65 or over, or a blind or disabled person, who would
 1221  be eligible under any group listed in s. 409.903(1), (2), or
 1222  (3), except that the income or assets of such family or person
 1223  exceed established limitations. For a family or person in one of
 1224  these coverage groups, medical expenses are deductible from
 1225  income in accordance with federal requirements in order to make
 1226  a determination of eligibility. A family or person eligible
 1227  under the coverage known as the “medically needy,” is eligible
 1228  to receive the same services as other Medicaid recipients, with
 1229  the exception of services in skilled nursing facilities and
 1230  intermediate care facilities for the developmentally disabled.
 1231  Effective July 1, 2016, persons eligible under “medically needy”
 1232  shall be limited to children under 21 years of age and pregnant
 1233  women. This subsection expires October 1, 2019.
 1234         Section 17. Section 624.91, Florida Statutes, is amended to
 1235  read:
 1236         624.91 The Florida Healthy Kids Corporation Act.—
 1237         (1) SHORT TITLE.—This section may be cited as the “William
 1238  G. ‘Doc’ Myers Healthy Kids Corporation Act.”
 1239         (2) LEGISLATIVE INTENT.—
 1240         (a) The Legislature finds that increased access to health
 1241  care services could improve children’s health and reduce the
 1242  incidence and costs of childhood illness and disabilities among
 1243  children in this state. Many children do not have comprehensive,
 1244  affordable health care services available. It is the intent of
 1245  the Legislature that the Florida Healthy Kids Corporation
 1246  provide comprehensive health insurance coverage to such
 1247  children. The corporation is encouraged to cooperate with any
 1248  existing health service programs funded by the public or the
 1249  private sector.
 1250         (b) It is the intent of the Legislature that the Florida
 1251  Healthy Kids Corporation serve as one of several providers of
 1252  services to children eligible for medical assistance under Title
 1253  XXI of the Social Security Act. Although the corporation may
 1254  serve other children, the Legislature intends the primary
 1255  recipients of services provided through the corporation be
 1256  school-age children with a family income below 200 percent of
 1257  the federal poverty level, who do not qualify for Medicaid. It
 1258  is also the intent of the Legislature that state and local
 1259  government Florida Healthy Kids funds be used to continue
 1260  coverage, subject to specific appropriations in the General
 1261  Appropriations Act, to children not eligible for federal
 1262  matching funds under Title XXI.
 1263         (3) ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.—Only residents
 1264  of this state are eligible the following individuals are
 1265  eligible for state-funded assistance in paying Florida Healthy
 1266  Kids premiums pursuant to s. 409.814.:
 1267         (a) Residents of this state who are eligible for the
 1268  Florida Kidcare program pursuant to s. 409.814.
 1269         (b) Notwithstanding s. 409.814, legal aliens who are
 1270  enrolled in the Florida Healthy Kids program as of January 31,
 1271  2004, who do not qualify for Title XXI federal funds because
 1272  they are not qualified aliens as defined in s. 409.811.
 1273         (4) NONENTITLEMENT.—Nothing in this section shall be
 1274  construed as providing an individual with an entitlement to
 1275  health care services. No cause of action shall arise against the
 1276  state, the Florida Healthy Kids Corporation, or a unit of local
 1277  government for failure to make health services available under
 1278  this section.
 1279         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
 1280         (a) There is created the Florida Healthy Kids Corporation,
 1281  a not-for-profit corporation.
 1282         (b) The Florida Healthy Kids Corporation shall:
 1283         1. Arrange for the collection of any individual, family,
 1284  local contributions, or employer payment or premium, in an
 1285  amount to be determined by the board of directors, to provide
 1286  for payment of premiums for comprehensive insurance coverage and
 1287  for the actual or estimated administrative expenses.
 1288         2. Arrange for the collection of any voluntary
 1289  contributions to provide for payment of Florida Kidcare program
 1290  or Florida Health Insurance Affordability Exchange Program
 1291  (FHIX) premiums for children who are not eligible for medical
 1292  assistance under Title XIX or Title XXI of the Social Security
 1293  Act.
 1294         3. Subject to the provisions of s. 409.8134, accept
 1295  voluntary supplemental local match contributions that comply
 1296  with the requirements of Title XXI of the Social Security Act
 1297  for the purpose of providing additional Florida Kidcare coverage
 1298  in contributing counties under Title XXI.
 1299         4. Establish the administrative and accounting procedures
 1300  for the operation of the corporation.
 1301         4.5. Establish, with consultation from appropriate
 1302  professional organizations, standards for preventive health
 1303  services and providers and comprehensive insurance benefits
 1304  appropriate to children, provided that such standards for rural
 1305  areas shall not limit primary care providers to board-certified
 1306  pediatricians.
 1307         5.6. Determine eligibility for children seeking to
 1308  participate in the Title XXI-funded components of the Florida
 1309  Kidcare program consistent with the requirements specified in s.
 1310  409.814, as well as the non-Title-XXI-eligible children as
 1311  provided in subsection (3).
 1312         6.7. Establish procedures under which providers of local
 1313  match to, applicants to and participants in the program may have
 1314  grievances reviewed by an impartial body and reported to the
 1315  board of directors of the corporation.
 1316         7.8. Establish participation criteria and, if appropriate,
 1317  contract with an authorized insurer, health maintenance
 1318  organization, or third-party administrator to provide
 1319  administrative services to the corporation.
 1320         8.9. Establish enrollment criteria that include penalties
 1321  or waiting periods of 30 days for reinstatement of coverage upon
 1322  voluntary cancellation for nonpayment of family or individual
 1323  premiums.
 1324         9.10. Contract with authorized insurers or any provider of
 1325  health care services, meeting standards established by the
 1326  corporation, for the provision of comprehensive insurance
 1327  coverage to participants. Such standards shall include criteria
 1328  under which the corporation may contract with more than one
 1329  provider of health care services in program sites.
 1330         a. Health plans shall be selected through a competitive bid
 1331  process. The Florida Healthy Kids Corporation shall purchase
 1332  goods and services in the most cost-effective manner consistent
 1333  with the delivery of quality medical care.
 1334         b. The maximum administrative cost for a Florida Healthy
 1335  Kids Corporation contract shall be 15 percent. For health and
 1336  dental care contracts, the minimum medical loss ratio for a
 1337  Florida Healthy Kids Corporation contract shall be 85 percent.
 1338  The calculations must use uniform financial data collected from
 1339  all plans in a format established by the corporation and shall
 1340  be computed for each plan on a statewide basis. Funds shall be
 1341  classified in a manner consistent with 45 C.F.R. part 158 For
 1342  dental contracts, the remaining compensation to be paid to the
 1343  authorized insurer or provider under a Florida Healthy Kids
 1344  Corporation contract shall be no less than an amount which is 85
 1345  percent of premium; to the extent any contract provision does
 1346  not provide for this minimum compensation, this section shall
 1347  prevail.
 1348         c. The health plan selection criteria and scoring system,
 1349  and the scoring results, shall be available upon request for
 1350  inspection after the bids have been awarded.
 1351         d. Effective July 1, 2016, health and dental services
 1352  contracts of the corporation must transition to the FHIX
 1353  marketplace under s. 409.722. Qualifying plans may enroll as
 1354  vendors with the FHIX marketplace to maintain continuity of care
 1355  for participants.
 1356         10.11. Establish disenrollment criteria in the event local
 1357  matching funds are insufficient to cover enrollments.
 1358         11.12. Develop and implement a plan to publicize the
 1359  Florida Kidcare program, the eligibility requirements of the
 1360  program, and the procedures for enrollment in the program and to
 1361  maintain public awareness of the corporation and the program.
 1362         12.13. Secure staff necessary to properly administer the
 1363  corporation. Staff costs shall be funded from state and local
 1364  matching funds and such other private or public funds as become
 1365  available. The board of directors shall determine the number of
 1366  staff members necessary to administer the corporation.
 1367         13.14. In consultation with the partner agencies, provide a
 1368  report on the Florida Kidcare program annually to the Governor,
 1369  the Chief Financial Officer, the Commissioner of Education, the
 1370  President of the Senate, the Speaker of the House of
 1371  Representatives, and the Minority Leaders of the Senate and the
 1372  House of Representatives.
 1373         14.15. Provide information on a quarterly basis online to
 1374  the Legislature and the Governor which compares the costs and
 1375  utilization of the full-pay enrolled population and the Title
 1376  XXI-subsidized enrolled population in the Florida Kidcare
 1377  program. The information, at a minimum, must include:
 1378         a. The monthly enrollment and expenditure for full-pay
 1379  enrollees in the Medikids and Florida Healthy Kids programs
 1380  compared to the Title XXI-subsidized enrolled population; and
 1381         b. The costs and utilization by service of the full-pay
 1382  enrollees in the Medikids and Florida Healthy Kids programs and
 1383  the Title XXI-subsidized enrolled population.
 1384         15.16. Establish benefit packages that conform to the
 1385  provisions of the Florida Kidcare program, as created in ss.
 1386  409.810-409.821.
 1387         16. Contract with other insurance affordability programs to
 1388  provide such services that are consistent with this act.
 1389         17. Annually develop performance metrics for the following
 1390  focus areas:
 1391         a. Administrative functions.
 1392         b. Contracting with vendors.
 1393         c. Customer service.
 1394         d. Enrollee education.
 1395         e. Financial services.
 1396         f. Program integrity.
 1397         (c) Coverage under the corporation’s program is secondary
 1398  to any other available private coverage held by, or applicable
 1399  to, the participant child or family member. Insurers under
 1400  contract with the corporation are the payors of last resort and
 1401  must coordinate benefits with any other third-party payor that
 1402  may be liable for the participant’s medical care.
 1403         (d) The Florida Healthy Kids Corporation shall be a private
 1404  corporation not for profit, organized pursuant to chapter 617,
 1405  and shall have all powers necessary to carry out the purposes of
 1406  this act, including, but not limited to, the power to receive
 1407  and accept grants, loans, or advances of funds from any public
 1408  or private agency and to receive and accept from any source
 1409  contributions of money, property, labor, or any other thing of
 1410  value, to be held, used, and applied for the purposes of this
 1411  act.
 1412         (6) BOARD OF DIRECTORS AND MANAGEMENT SUPERVISION.—
 1413         (a) The Florida Healthy Kids Corporation shall operate
 1414  subject to the supervision and approval of a board of directors.
 1415  The board chair shall be an appointee designated by the
 1416  Governor, and the board shall be chaired by the Chief Financial
 1417  Officer or her or his designee, and composed of 12 other
 1418  members. The Senate shall confirm the designated chair and other
 1419  board appointees. The board members shall be appointed selected
 1420  for 3-year terms. of office as follows:
 1421         1. The Secretary of Health Care Administration, or his or
 1422  her designee.
 1423         2. One member appointed by the Commissioner of Education
 1424  from the Office of School Health Programs of the Florida
 1425  Department of Education.
 1426         3. One member appointed by the Chief Financial Officer from
 1427  among three members nominated by the Florida Pediatric Society.
 1428         4. One member, appointed by the Governor, who represents
 1429  the Children’s Medical Services Program.
 1430         5. One member appointed by the Chief Financial Officer from
 1431  among three members nominated by the Florida Hospital
 1432  Association.
 1433         6. One member, appointed by the Governor, who is an expert
 1434  on child health policy.
 1435         7. One member, appointed by the Chief Financial Officer,
 1436  from among three members nominated by the Florida Academy of
 1437  Family Physicians.
 1438         8. One member, appointed by the Governor, who represents
 1439  the state Medicaid program.
 1440         9. One member, appointed by the Chief Financial Officer,
 1441  from among three members nominated by the Florida Association of
 1442  Counties.
 1443         10. The State Health Officer or her or his designee.
 1444         11. The Secretary of Children and Families, or his or her
 1445  designee.
 1446         12. One member, appointed by the Governor, from among three
 1447  members nominated by the Florida Dental Association.
 1448         (b) A member of the board of directors shall be appointed
 1449  by and serve at the pleasure of the Governor may be removed by
 1450  the official who appointed that member. The board shall appoint
 1451  an executive director, who is responsible for other staff
 1452  authorized by the board.
 1453         (c) Board members are entitled to receive, from funds of
 1454  the corporation, reimbursement for per diem and travel expenses
 1455  as provided by s. 112.061.
 1456         (d) There shall be no liability on the part of, and no
 1457  cause of action shall arise against, any member of the board of
 1458  directors, or its employees or agents, for any action they take
 1459  in the performance of their powers and duties under this act.
 1460         (e) Terms for board members appointed under this act are
 1461  effective January 1, 2016.
 1462         (7) LICENSING NOT REQUIRED; FISCAL OPERATION.—
 1463         (a) The corporation shall not be deemed an insurer. The
 1464  officers, directors, and employees of the corporation shall not
 1465  be deemed to be agents of an insurer. Neither the corporation
 1466  nor any officer, director, or employee of the corporation is
 1467  subject to the licensing requirements of the insurance code or
 1468  the rules of the Department of Financial Services. However, any
 1469  marketing representative utilized and compensated by the
 1470  corporation must be appointed as a representative of the
 1471  insurers or health services providers with which the corporation
 1472  contracts.
 1473         (b) The board has complete fiscal control over the
 1474  corporation and is responsible for all corporate operations.
 1475         (c) The Department of Financial Services shall supervise
 1476  any liquidation or dissolution of the corporation and shall
 1477  have, with respect to such liquidation or dissolution, all power
 1478  granted to it pursuant to the insurance code.
 1479         (8) TRANSITION PLANS.—The corporation shall confer with the
 1480  Agency for Health Care Administration, the Department of
 1481  Children and Families, and Florida Health Choices, Inc., to
 1482  develop transition plans for the Florida Health Insurance
 1483  Affordability Exchange Program as created under ss. 409.72
 1484  409.731.
 1485         Section 18. Section 624.915, Florida Statutes, is repealed.
 1486         Section 19. The Division of Law Revision and Information is
 1487  directed to replace the phrase “the effective date of this act”
 1488  wherever it occurs in this act with the date the act becomes a
 1489  law.
 1490         Section 20. If any law amended by this act was also amended
 1491  by a law enacted during the 2015 Regular Session of the
 1492  Legislature, such laws shall be construed as if enacted during
 1493  the same session of the Legislature, and full effect shall be
 1494  given to each if possible.
 1495         Section 21. This act shall take effect upon becoming a law.