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 250 200 percent 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 300 250 percent 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 250 200 percent
   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 250 200 percent 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 300 250 percent
  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 300 250 percent 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
  436  200 percent 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
  454  250 percent 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.