Florida Senate - 2016                                     SB 248
       By Senator Garcia
       38-00325-16                                            2016248__
    1                        A bill to be entitled                      
    2         An act relating to medical assistance funding for
    3         lawfully residing children; amending s. 409.811, F.S.;
    4         defining the term “lawfully residing child”; deleting
    5         the definition of the term “qualified alien”;
    6         conforming provisions to changes made by the act;
    7         amending s. 409.814, F.S.; revising eligibility for
    8         the Florida Kidcare program to conform to changes made
    9         by the act; clarifying that undocumented immigrants
   10         are excluded from eligibility; amending s. 409.904,
   11         F.S.; providing eligibility for optional payments for
   12         medical assistance and related services for certain
   13         lawfully residing children; clarifying that
   14         undocumented immigrants are excluded from eligibility
   15         for optional Medicaid payments or related services;
   16         amending s. 624.91, F.S.; conforming provisions to
   17         changes made by the act; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Present subsections (17) through (22) of section
   22  409.811, Florida Statutes, are redesignated as subsections (18)
   23  through (23), respectively, a new subsection (17) is added to
   24  that section, and present subsections (23) and (24) of that
   25  section are amended, to read:
   26         409.811 Definitions relating to Florida Kidcare Act.—As
   27  used in ss. 409.810-409.821, the term:
   28         (17) “Lawfully residing child” means a child who is
   29  lawfully present in the United States, meets Medicaid or the
   30  Children’s Health Insurance Program (CHIP) residency
   31  requirements, and may be eligible for medical assistance with
   32  federal financial participation as provided under s. 214 of the
   33  Children’s Health Insurance Program Reauthorization Act of 2009,
   34  Pub. L. No. 111-3, and related federal regulations.
   35         (23) “Qualified alien” means an alien as defined in s. 431
   36  of the Personal Responsibility and Work Opportunity
   37  Reconciliation Act of 1996, as amended, Pub. L. No. 104-193.
   38         (24) “Resident” means a United States citizen, or lawfully
   39  residing child qualified alien, who is domiciled in this state.
   40         Section 2. Paragraph (c) of subsection (4) of section
   41  409.814, Florida Statutes, is amended to read:
   42         409.814 Eligibility.—A child who has not reached 19 years
   43  of age whose family income is equal to or below 200 percent of
   44  the federal poverty level is eligible for the Florida Kidcare
   45  program as provided in this section. If an enrolled individual
   46  is determined to be ineligible for coverage, he or she must be
   47  immediately disenrolled from the respective Florida Kidcare
   48  program component.
   49         (4) The following children are not eligible to receive
   50  Title XXI-funded premium assistance for health benefits coverage
   51  under the Florida Kidcare program, except under Medicaid if the
   52  child would have been eligible for Medicaid under s. 409.903 or
   53  s. 409.904 as of June 1, 1997:
   54         (c) A child who is an alien, but who does not meet the
   55  definition of a lawfully residing child qualified alien, in the
   56  United States. This paragraph does not extend eligibility for
   57  the Florida Kidcare program to an undocumented immigrant.
   58         Section 3. Present subsections (8) and (9) of section
   59  409.904, Florida Statutes, are redesignated as subsections (9)
   60  and (10), respectively, and a new subsection (8) is added to
   61  that section, to read:
   62         409.904 Optional payments for eligible persons.—The agency
   63  may make payments for medical assistance and related services on
   64  behalf of the following persons who are determined to be
   65  eligible subject to the income, assets, and categorical
   66  eligibility tests set forth in federal and state law. Payment on
   67  behalf of these Medicaid eligible persons is subject to the
   68  availability of moneys and any limitations established by the
   69  General Appropriations Act or chapter 216.
   70         (8) A child who has not attained the age of 19 who,
   71  notwithstanding s. 414.095(3), would be eligible for Medicaid
   72  under s. 409.903, except that the child is a lawfully residing
   73  child as defined in s. 409.811. This subsection does not extend
   74  eligibility for optional Medicaid payments or related services
   75  to an undocumented immigrant.
   76         Section 4. Paragraph (b) of subsection (3) of section
   77  624.91, Florida Statutes, is amended to read:
   78         624.91 The Florida Healthy Kids Corporation Act.—
   80  following individuals are eligible for state-funded assistance
   81  in paying Florida Healthy Kids premiums:
   82         (b) Notwithstanding s. 409.814, a legal alien aliens who is
   83  are enrolled in the Florida Healthy Kids program as of January
   84  31, 2004, who does do not qualify for Title XXI federal funds
   85  because he or she is they are not a lawfully residing child
   86  qualified aliens as defined in s. 409.811.
   87         Section 5. This act shall take effect July 1, 2016.