Florida Senate - 2022 SB 1422 By Senator Perry 8-00804A-22 20221422__ 1 A bill to be entitled 2 An act relating to Florida Kidcare program 3 eligibility; amending s. 409.8132, F.S.; conforming a 4 provision to changes made by the act; amending s. 5 409.814, F.S.; increasing the income eligibility 6 threshold for coverage under the Florida Kidcare 7 program; requiring an applicant seeking coverage under 8 the program to provide certain documentation if 9 eligibility cannot be verified using reliable data 10 sources; amending s. 409.816, F.S.; requiring that 11 premiums for certain enrollees under the program be 12 based on a tiered system of uniform premiums; amending 13 s. 624.91, F.S.; conforming a provision to changes 14 made by the act; providing effective dates. 15 16 WHEREAS, as families progress up the economic ladder they 17 are adversely affected by the fiscal cliff, disincentivizing 18 upward mobility, and 19 WHEREAS, some of these families have lost access to Florida 20 Healthy Kids, which subsidizes children’s health insurance, 21 creating a health care coverage gap, and 22 WHEREAS, the Legislature seeks to remove these barriers and 23 intends to facilitate a glide path for families to achieve 24 economic self-sufficiency and access the necessary health care 25 services for their children, NOW, THEREFORE, 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraph (a) of subsection (6) of section 30 409.8132, Florida Statutes, is amended to read: 31 409.8132 Medikids program component.— 32 (6) ELIGIBILITY.— 33 (a) A child who has attained the age of 1 year but who is 34 under the age of 5 years is eligible to enroll in the Medikids 35 program component of the Florida Kidcare program, if the child 36 is a member of a family that has a family income which exceeds 37 the Medicaid applicable income level as specified in s. 409.903, 38 but which is equal to or below 250200percent of the current 39 federal poverty level. In determining the eligibility of such a 40 child, an assets test is not required. A child who is eligible 41 for Medikids may elect to enroll in Florida Healthy Kids 42 coverage or employer-sponsored group coverage. However, a child 43 who is eligible for Medikids may participate in the Florida 44 Healthy Kids program only if the child has a sibling 45 participating in the Florida Healthy Kids program and the 46 child’s county of residence permits such enrollment. 47 Section 2. Effective July 1, 2023, paragraph (a) of 48 subsection (6) of section 409.8132, Florida Statutes, as amended 49 by this act, is amended to read: 50 409.8132 Medikids program component.— 51 (6) ELIGIBILITY.— 52 (a) A child who has attained the age of 1 year but who is 53 under the age of 5 years is eligible to enroll in the Medikids 54 program component of the Florida Kidcare program, if the child 55 is a member of a family that has a family income which exceeds 56 the Medicaid applicable income level as specified in s. 409.903, 57 but which is equal to or below 300250percent of the current 58 federal poverty level. In determining the eligibility of such a 59 child, an assets test is not required. A child who is eligible 60 for Medikids may elect to enroll in Florida Healthy Kids 61 coverage or employer-sponsored group coverage. However, a child 62 who is eligible for Medikids may participate in the Florida 63 Healthy Kids program only if the child has a sibling 64 participating in the Florida Healthy Kids program and the 65 child’s county of residence permits such enrollment. 66 Section 3. Section 409.814, Florida Statutes, is amended to 67 read: 68 409.814 Eligibility.—A child who has not reached 19 years 69 of age whose family income is equal to or below 250200percent 70 of the federal poverty level is eligible for the Florida Kidcare 71 program as provided in this section. If an enrolled individual 72 is determined to be ineligible for coverage, he or she must be 73 immediately disenrolled from the respective Florida Kidcare 74 program component. 75 (1) A child who is eligible for Medicaid coverage under s. 76 409.903 or s. 409.904 must be enrolled in Medicaid and is not 77 eligible to receive health benefits under any other health 78 benefits coverage authorized under the Florida Kidcare program. 79 (2) A child who is not eligible for Medicaid, but who is 80 eligible for the Florida Kidcare program, may obtain health 81 benefits coverage under any of the other components listed in s. 82 409.813 if such coverage is approved and available in the county 83 in which the child resides. 84 (3) A Title XXI-funded child who is eligible for the 85 Florida Kidcare program who is a child with special health care 86 needs, as determined through a medical or behavioral screening 87 instrument, is eligible for health benefits coverage from and 88 shall be assigned to and may opt out of the Children’s Medical 89 Services Network. 90 (4) The following children are not eligible to receive 91 Title XXI-funded premium assistance for health benefits coverage 92 under the Florida Kidcare program, except under Medicaid if the 93 child would have been eligible for Medicaid under s. 409.903 or 94 s. 409.904 as of June 1, 1997: 95 (a) A child who is covered under a family member’s group 96 health benefit plan or under other private or employer health 97 insurance coverage, if the cost of the child’s participation is 98 not greater than 5 percent of the family’s income. If a child is 99 otherwise eligible for a subsidy under the Florida Kidcare 100 program and the cost of the child’s participation in the family 101 member’s health insurance benefit plan is greater than 5 percent 102 of the family’s income, the child may enroll in the appropriate 103 subsidized Kidcare program. 104 (b) A child who is seeking premium assistance for the 105 Florida Kidcare program through employer-sponsored group 106 coverage, if the child has been covered by the same employer’s 107 group coverage during the 60 days before the family submitted an 108 application for determination of eligibility under the program. 109 (c) A child who is an alien but who does not meet the 110 definition of a lawfully residing child. This paragraph does not 111 extend eligibility for the Florida Kidcare program to an 112 undocumented immigrant. 113 (d) A child who is an inmate of a public institution or a 114 patient in an institution for mental diseases. 115 (e) A child who is otherwise eligible for premium 116 assistance for the Florida Kidcare program and has had his or 117 her coverage in an employer-sponsored or private health benefit 118 plan voluntarily canceled in the last 60 days, except those 119 children whose coverage was voluntarily canceled for good cause, 120 including, but not limited to, the following circumstances: 121 1. The cost of participation in an employer-sponsored 122 health benefit plan is greater than 5 percent of the family’s 123 income; 124 2. The parent lost a job that provided an employer 125 sponsored health benefit plan for children; 126 3. The parent who had health benefits coverage for the 127 child is deceased; 128 4. The child has a medical condition that, without medical 129 care, would cause serious disability, loss of function, or 130 death; 131 5. The employer of the parent canceled health benefits 132 coverage for children; 133 6. The child’s health benefits coverage ended because the 134 child reached the maximum lifetime coverage amount; 135 7. The child has exhausted coverage under a COBRA 136 continuation provision; 137 8. The health benefits coverage does not cover the child’s 138 health care needs; or 139 9. Domestic violence led to loss of coverage. 140 (5) A child who is otherwise eligible for the Florida 141 Kidcare program and who has a preexisting condition that 142 prevents coverage under another insurance plan as described in 143 paragraph (4)(a) which would have disqualified the child for the 144 Florida Kidcare program if the child were able to enroll in the 145 plan is eligible for Florida Kidcare coverage when enrollment is 146 possible. 147 (6) A child whose family income is above 250200percent of 148 the federal poverty level or a child who is excluded under the 149 provisions of subsection (4) may participate in the Florida 150 Kidcare program as provided in s. 409.8132 or, if the child is 151 ineligible for Medikids by reason of age, in the Florida Healthy 152 Kids program, subject to the following: 153 (a) The family is not eligible for premium assistance 154 payments and must pay the full cost of the premium, including 155 any administrative costs. 156 (b) The board of directors of the Florida Healthy Kids 157 Corporation may offer a reduced benefit package to these 158 children in order to limit program costs for such families. 159 (7) Once a child is enrolled in the Florida Kidcare 160 program, the child is eligible for coverage for 12 months 161 without a redetermination or reverification of eligibility, if 162 the family continues to pay the applicable premium. Eligibility 163 for program components funded through Title XXI of the Social 164 Security Act terminates when a child attains the age of 19. A 165 child who has not attained the age of 5 and who has been 166 determined eligible for the Medicaid program is eligible for 167 coverage for 12 months without a redetermination or 168 reverification of eligibility. 169 (8) When determining or reviewing a child’s eligibility 170 under the Florida Kidcare program, the applicant shall be 171 provided with reasonable notice of changes in eligibility which 172 may affect enrollment in one or more of the program components. 173 If a transition from one program component to another is 174 authorized, there shall be cooperation between the program 175 components and the affected family which promotes continuity of 176 health care coverage. Any authorized transfers must be managed 177 within the program’s overall appropriated or authorized levels 178 of funding. Each component of the program shall establish a 179 reserve to ensure that transfers between components will be 180 accomplished within current year appropriations. These reserves 181 shall be reviewed by each convening of the Social Services 182 Estimating Conference to determine the adequacy of such reserves 183 to meet actual experience. 184 (9) In determining the eligibility of a child, an assets 185 test is not required. If eligibility for the Florida Kidcare 186 program cannot be verified using reliable data sources in 187 accordance with federal requirements, each applicant shall 188 provide documentation during the application process and the 189 redetermination process, including, but not limited to, the 190 following: 191 (a) Proof of family income, which must be verified 192 electronically to determine financial eligibility for the 193 Florida Kidcare program. Written documentation, which may 194 include wages and earnings statements or pay stubs, W-2 forms, 195 or a copy of the applicant’s most recent federal income tax 196 return, is required only if the electronic verification is not 197 available or does not substantiate the applicant’s income. 198 (b) A statement from all applicable, employed family 199 members that: 200 1. Their employers do not sponsor health benefit plans for 201 employees; 202 2. The potential enrollee is not covered by an employer 203 sponsored health benefit plan; or 204 3. The potential enrollee is covered by an employer 205 sponsored health benefit plan and the cost of the employer 206 sponsored health benefit plan is more than 5 percent of the 207 family’s income. 208 (c) To enroll in the Children’s Medical Services Network, a 209 completed application, including a clinical screening. 210 (10) Subject to paragraph (4)(a), the Florida Kidcare 211 program shall withhold benefits from an enrollee if the program 212 obtains evidence that the enrollee is no longer eligible, 213 submitted incorrect or fraudulent information in order to 214 establish eligibility, or failed to provide verification of 215 eligibility. The applicant or enrollee shall be notified that 216 because of such evidence program benefits will be withheld 217 unless the applicant or enrollee contacts a designated 218 representative of the program by a specified date, which must be 219 within 10 working days after the date of notice, to discuss and 220 resolve the matter. The program shall make every effort to 221 resolve the matter within a timeframe that will not cause 222 benefits to be withheld from an eligible enrollee. 223 (11) The following individuals may be subject to 224 prosecution in accordance with s. 414.39: 225 (a) An applicant obtaining or attempting to obtain benefits 226 for a potential enrollee under the Florida Kidcare program when 227 the applicant knows or should have known the potential enrollee 228 does not qualify for the Florida Kidcare program. 229 (b) An individual who assists an applicant in obtaining or 230 attempting to obtain benefits for a potential enrollee under the 231 Florida Kidcare program when the individual knows or should have 232 known the potential enrollee does not qualify for the Florida 233 Kidcare program. 234 Section 4. Effective July 1, 2023, section 409.814, Florida 235 Statutes, as amended by this act, is amended to read: 236 409.814 Eligibility.—A child who has not reached 19 years 237 of age whose family income is equal to or below 300250percent 238 of the federal poverty level is eligible for the Florida Kidcare 239 program as provided in this section. If an enrolled individual 240 is determined to be ineligible for coverage, he or she must be 241 immediately disenrolled from the respective Florida Kidcare 242 program component. 243 (1) A child who is eligible for Medicaid coverage under s. 244 409.903 or s. 409.904 must be enrolled in Medicaid and is not 245 eligible to receive health benefits under any other health 246 benefits coverage authorized under the Florida Kidcare program. 247 (2) A child who is not eligible for Medicaid, but who is 248 eligible for the Florida Kidcare program, may obtain health 249 benefits coverage under any of the other components listed in s. 250 409.813 if such coverage is approved and available in the county 251 in which the child resides. 252 (3) A Title XXI-funded child who is eligible for the 253 Florida Kidcare program who is a child with special health care 254 needs, as determined through a medical or behavioral screening 255 instrument, is eligible for health benefits coverage from and 256 shall be assigned to and may opt out of the Children’s Medical 257 Services Network. 258 (4) The following children are not eligible to receive 259 Title XXI-funded premium assistance for health benefits coverage 260 under the Florida Kidcare program, except under Medicaid if the 261 child would have been eligible for Medicaid under s. 409.903 or 262 s. 409.904 as of June 1, 1997: 263 (a) A child who is covered under a family member’s group 264 health benefit plan or under other private or employer health 265 insurance coverage, if the cost of the child’s participation is 266 not greater than 5 percent of the family’s income. If a child is 267 otherwise eligible for a subsidy under the Florida Kidcare 268 program and the cost of the child’s participation in the family 269 member’s health insurance benefit plan is greater than 5 percent 270 of the family’s income, the child may enroll in the appropriate 271 subsidized Kidcare program. 272 (b) A child who is seeking premium assistance for the 273 Florida Kidcare program through employer-sponsored group 274 coverage, if the child has been covered by the same employer’s 275 group coverage during the 60 days before the family submitted an 276 application for determination of eligibility under the program. 277 (c) A child who is an alien but who does not meet the 278 definition of a lawfully residing child. This paragraph does not 279 extend eligibility for the Florida Kidcare program to an 280 undocumented immigrant. 281 (d) A child who is an inmate of a public institution or a 282 patient in an institution for mental diseases. 283 (e) A child who is otherwise eligible for premium 284 assistance for the Florida Kidcare program and has had his or 285 her coverage in an employer-sponsored or private health benefit 286 plan voluntarily canceled in the last 60 days, except those 287 children whose coverage was voluntarily canceled for good cause, 288 including, but not limited to, the following circumstances: 289 1. The cost of participation in an employer-sponsored 290 health benefit plan is greater than 5 percent of the family’s 291 income; 292 2. The parent lost a job that provided an employer 293 sponsored health benefit plan for children; 294 3. The parent who had health benefits coverage for the 295 child is deceased; 296 4. The child has a medical condition that, without medical 297 care, would cause serious disability, loss of function, or 298 death; 299 5. The employer of the parent canceled health benefits 300 coverage for children; 301 6. The child’s health benefits coverage ended because the 302 child reached the maximum lifetime coverage amount; 303 7. The child has exhausted coverage under a COBRA 304 continuation provision; 305 8. The health benefits coverage does not cover the child’s 306 health care needs; or 307 9. Domestic violence led to loss of coverage. 308 (5) A child who is otherwise eligible for the Florida 309 Kidcare program and who has a preexisting condition that 310 prevents coverage under another insurance plan as described in 311 paragraph (4)(a) which would have disqualified the child for the 312 Florida Kidcare program if the child were able to enroll in the 313 plan is eligible for Florida Kidcare coverage when enrollment is 314 possible. 315 (6) A child whose family income is above 300250percent of 316 the federal poverty level or a child who is excluded under the 317 provisions of subsection (4) may participate in the Florida 318 Kidcare program as provided in s. 409.8132 or, if the child is 319 ineligible for Medikids by reason of age, in the Florida Healthy 320 Kids program, subject to the following: 321 (a) The family is not eligible for premium assistance 322 payments and must pay the full cost of the premium, including 323 any administrative costs. 324 (b) The board of directors of the Florida Healthy Kids 325 Corporation may offer a reduced benefit package to these 326 children in order to limit program costs for such families. 327 (7) Once a child is enrolled in the Florida Kidcare 328 program, the child is eligible for coverage for 12 months 329 without a redetermination or reverification of eligibility, if 330 the family continues to pay the applicable premium. Eligibility 331 for program components funded through Title XXI of the Social 332 Security Act terminates when a child attains the age of 19. A 333 child who has not attained the age of 5 and who has been 334 determined eligible for the Medicaid program is eligible for 335 coverage for 12 months without a redetermination or 336 reverification of eligibility. 337 (8) When determining or reviewing a child’s eligibility 338 under the Florida Kidcare program, the applicant shall be 339 provided with reasonable notice of changes in eligibility which 340 may affect enrollment in one or more of the program components. 341 If a transition from one program component to another is 342 authorized, there shall be cooperation between the program 343 components and the affected family which promotes continuity of 344 health care coverage. Any authorized transfers must be managed 345 within the program’s overall appropriated or authorized levels 346 of funding. Each component of the program shall establish a 347 reserve to ensure that transfers between components will be 348 accomplished within current year appropriations. These reserves 349 shall be reviewed by each convening of the Social Services 350 Estimating Conference to determine the adequacy of such reserves 351 to meet actual experience. 352 (9) In determining the eligibility of a child, an assets 353 test is not required. If eligibility for the Florida Kidcare 354 program cannot be verified using reliable data sources in 355 accordance with federal requirements, each applicant shall 356 provide documentation during the application process and the 357 redetermination process, including, but not limited to, the 358 following: 359 (a) Proof of family income, which must be verified 360 electronically to determine financial eligibility for the 361 Florida Kidcare program. Written documentation, which may 362 include wages and earnings statements or pay stubs, W-2 forms, 363 or a copy of the applicant’s most recent federal income tax 364 return, is required only if the electronic verification is not 365 available or does not substantiate the applicant’s income. 366 (b) A statement from all applicable, employed family 367 members that: 368 1. Their employers do not sponsor health benefit plans for 369 employees; 370 2. The potential enrollee is not covered by an employer 371 sponsored health benefit plan; or 372 3. The potential enrollee is covered by an employer 373 sponsored health benefit plan and the cost of the employer 374 sponsored health benefit plan is more than 5 percent of the 375 family’s income. 376 (c) To enroll in the Children’s Medical Services Network, a 377 completed application, including a clinical screening. 378 (10) Subject to paragraph (4)(a), the Florida Kidcare 379 program shall withhold benefits from an enrollee if the program 380 obtains evidence that the enrollee is no longer eligible, 381 submitted incorrect or fraudulent information in order to 382 establish eligibility, or failed to provide verification of 383 eligibility. The applicant or enrollee shall be notified that 384 because of such evidence program benefits will be withheld 385 unless the applicant or enrollee contacts a designated 386 representative of the program by a specified date, which must be 387 within 10 working days after the date of notice, to discuss and 388 resolve the matter. The program shall make every effort to 389 resolve the matter within a timeframe that will not cause 390 benefits to be withheld from an eligible enrollee. 391 (11) The following individuals may be subject to 392 prosecution in accordance with s. 414.39: 393 (a) An applicant obtaining or attempting to obtain benefits 394 for a potential enrollee under the Florida Kidcare program when 395 the applicant knows or should have known the potential enrollee 396 does not qualify for the Florida Kidcare program. 397 (b) An individual who assists an applicant in obtaining or 398 attempting to obtain benefits for a potential enrollee under the 399 Florida Kidcare program when the individual knows or should have 400 known the potential enrollee does not qualify for the Florida 401 Kidcare program. 402 Section 5. Subsection (3) of section 409.816, Florida 403 Statutes, is amended to read: 404 409.816 Limitations on premiums and cost sharing.—The 405 following limitations on premiums and cost sharing are 406 established for the program. 407 (3) Enrollees in families with a family income above 150 408 percent of the federal poverty level who are not receiving 409 coverage under the Medicaid program or who are not eligible 410 under s. 409.814(6) may be required to pay enrollment fees, 411 premiums, copayments, deductibles, coinsurance, or similar 412 charges on a sliding scale related to income, except that the 413 total annual aggregate cost sharing with respect to all children 414 in a family may not exceed 5 percent of the family’s income. 415 However, copayments, deductibles, coinsurance, or similar 416 charges may not be imposed for preventive services, including 417 well-baby and well-child care, age-appropriate immunizations, 418 and routine hearing and vision screenings. Premiums for 419 enrollees paying enrollment fees, premiums, copayments, 420 deductibles, coinsurance, or similar charges as provided in this 421 subsection shall be based on at least three but no more than 422 five tiers of uniform premiums that increase with each tier as a 423 percentage of the applicable threshold amount of the federal 424 poverty level, by tier. 425 Section 6. Paragraph (b) of subsection (2) of section 426 624.91, Florida Statutes, is amended to read: 427 624.91 The Florida Healthy Kids Corporation Act.— 428 (2) LEGISLATIVE INTENT.— 429 (b) It is the intent of the Legislature that the Florida 430 Healthy Kids Corporation serve as one of several providers of 431 services to children eligible for medical assistance under Title 432 XXI of the Social Security Act. Although the corporation may 433 serve other children, the Legislature intends the primary 434 recipients of services provided through the corporation be 435 school-age children with a family income equal to or below 250 436200percent of the federal poverty level, who do not qualify for 437 Medicaid. It is also the intent of the Legislature that state 438 and local government Florida Healthy Kids funds be used to 439 continue coverage, subject to specific appropriations in the 440 General Appropriations Act, to children not eligible for federal 441 matching funds under Title XXI. 442 Section 7. Effective July 1, 2023, paragraph (b) of 443 subsection (2) of section 624.91, Florida Statutes, as amended 444 by this act, is amended to read: 445 624.91 The Florida Healthy Kids Corporation Act.— 446 (2) LEGISLATIVE INTENT.— 447 (b) It is the intent of the Legislature that the Florida 448 Healthy Kids Corporation serve as one of several providers of 449 services to children eligible for medical assistance under Title 450 XXI of the Social Security Act. Although the corporation may 451 serve other children, the Legislature intends the primary 452 recipients of services provided through the corporation be 453 school-age children with a family income equal to or below 300 454250percent of the federal poverty level, who do not qualify for 455 Medicaid. It is also the intent of the Legislature that state 456 and local government Florida Healthy Kids funds be used to 457 continue coverage, subject to specific appropriations in the 458 General Appropriations Act, to children not eligible for federal 459 matching funds under Title XXI. 460 Section 8. Except as otherwise expressly provided in this 461 act, this act shall take effect July 1, 2022.