Florida Senate - 2023                                     SB 246
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00501B-23                                           2023246__
    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 that certain amendments
   15         made by this act are subject to federal approval
   16         through a waiver or state plan amendment; requiring
   17         the agency to notify the Division of Law Revision
   18         within a specified timeframe after receiving federal
   19         approval through a waiver or state plan amendment;
   20         providing effective dates.
   21  
   22         WHEREAS, as families progress up the economic ladder, they
   23  are adversely affected by the fiscal cliff, disincentivizing
   24  upward mobility, and
   25         WHEREAS, some families have lost access to Florida Healthy
   26  Kids, which subsidizes children’s health insurance, creating a
   27  health care coverage gap, and
   28         WHEREAS, the Legislature seeks to remove these barriers and
   29  intends to facilitate a way for families to achieve economic
   30  self-sufficiency and access necessary health care services for
   31  their children, NOW, THEREFORE,
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (a) of subsection (6) of section
   36  409.8132, Florida Statutes, is amended to read:
   37         409.8132 Medikids program component.—
   38         (6) ELIGIBILITY.—
   39         (a) A child who has attained the age of 1 year but who is
   40  under the age of 5 years is eligible to enroll in the Medikids
   41  program component of the Florida Kidcare program, if the child
   42  is a member of a family that has a family income which exceeds
   43  the Medicaid applicable income level as specified in s. 409.903,
   44  but which is equal to or below 250 200 percent of the current
   45  federal poverty level. In determining the eligibility of such a
   46  child, an assets test is not required. A child who is eligible
   47  for Medikids may elect to enroll in Florida Healthy Kids
   48  coverage or employer-sponsored group coverage. However, a child
   49  who is eligible for Medikids may participate in the Florida
   50  Healthy Kids program only if the child has a sibling
   51  participating in the Florida Healthy Kids program and the
   52  child’s county of residence permits such enrollment.
   53         Section 2. Effective July 1, 2024, paragraph (a) of
   54  subsection (6) of section 409.8132, Florida Statutes, as amended
   55  by this act, is amended to read:
   56         409.8132 Medikids program component.—
   57         (6) ELIGIBILITY.—
   58         (a) A child who has attained the age of 1 year but who is
   59  under the age of 5 years is eligible to enroll in the Medikids
   60  program component of the Florida Kidcare program, if the child
   61  is a member of a family that has a family income which exceeds
   62  the Medicaid applicable income level as specified in s. 409.903,
   63  but which is equal to or below 300 250 percent of the current
   64  federal poverty level. In determining the eligibility of such a
   65  child, an assets test is not required. A child who is eligible
   66  for Medikids may elect to enroll in Florida Healthy Kids
   67  coverage or employer-sponsored group coverage. However, a child
   68  who is eligible for Medikids may participate in the Florida
   69  Healthy Kids program only if the child has a sibling
   70  participating in the Florida Healthy Kids program and the
   71  child’s county of residence permits such enrollment.
   72         Section 3. Section 409.814, Florida Statutes, is amended to
   73  read:
   74         409.814 Eligibility.—A child who has not reached 19 years
   75  of age whose family income is equal to or below 250 200 percent
   76  of the federal poverty level is eligible for the Florida Kidcare
   77  program as provided in this section. If an enrolled individual
   78  is determined to be ineligible for coverage, he or she must be
   79  immediately disenrolled from the respective Florida Kidcare
   80  program component.
   81         (1) A child who is eligible for Medicaid coverage under s.
   82  409.903 or s. 409.904 must be enrolled in Medicaid and is not
   83  eligible to receive health benefits under any other health
   84  benefits coverage authorized under the Florida Kidcare program.
   85         (2) A child who is not eligible for Medicaid, but who is
   86  eligible for the Florida Kidcare program, may obtain health
   87  benefits coverage under any of the other components listed in s.
   88  409.813 if such coverage is approved and available in the county
   89  in which the child resides.
   90         (3) A Title XXI-funded child who is eligible for the
   91  Florida Kidcare program who is a child with special health care
   92  needs, as determined through a medical or behavioral screening
   93  instrument, is eligible for health benefits coverage from and
   94  shall be assigned to and may opt out of the Children’s Medical
   95  Services Network.
   96         (4) A Title XXI-funded child who reaches 19 years of age is
   97  eligible for continued Title XXI-funded coverage for the
   98  duration of a pregnancy and the postpartum period consisting of
   99  the 12-month period beginning on the last day of a pregnancy, if
  100  such pregnancy or postpartum period begins prior to the child
  101  reaching 19 years of age, and if the child is ineligible for
  102  Medicaid.
  103         (5) The following children are not eligible to receive
  104  Title XXI-funded premium assistance for health benefits coverage
  105  under the Florida Kidcare program, except under Medicaid if the
  106  child would have been eligible for Medicaid under s. 409.903 or
  107  s. 409.904 as of June 1, 1997:
  108         (a) A child who is covered under a family member’s group
  109  health benefit plan or under other private or employer health
  110  insurance coverage, if the cost of the child’s participation is
  111  not greater than 5 percent of the family’s income. If a child is
  112  otherwise eligible for a subsidy under the Florida Kidcare
  113  program and the cost of the child’s participation in the family
  114  member’s health insurance benefit plan is greater than 5 percent
  115  of the family’s income, the child may enroll in the appropriate
  116  subsidized Kidcare program.
  117         (b) A child who is seeking premium assistance for the
  118  Florida Kidcare program through employer-sponsored group
  119  coverage, if the child has been covered by the same employer’s
  120  group coverage during the 60 days before the family submitted an
  121  application for determination of eligibility under the program.
  122         (c) A child who is an alien but who does not meet the
  123  definition of a lawfully residing child. This paragraph does not
  124  extend eligibility for the Florida Kidcare program to an
  125  undocumented immigrant.
  126         (d) A child who is an inmate of a public institution or a
  127  patient in an institution for mental diseases.
  128         (e) A child who is otherwise eligible for premium
  129  assistance for the Florida Kidcare program and has had his or
  130  her coverage in an employer-sponsored or private health benefit
  131  plan voluntarily canceled in the last 60 days, except those
  132  children whose coverage was voluntarily canceled for good cause,
  133  including, but not limited to, the following circumstances:
  134         1. The cost of participation in an employer-sponsored
  135  health benefit plan is greater than 5 percent of the family’s
  136  income;
  137         2. The parent lost a job that provided an employer
  138  sponsored health benefit plan for children;
  139         3. The parent who had health benefits coverage for the
  140  child is deceased;
  141         4. The child has a medical condition that, without medical
  142  care, would cause serious disability, loss of function, or
  143  death;
  144         5. The employer of the parent canceled health benefits
  145  coverage for children;
  146         6. The child’s health benefits coverage ended because the
  147  child reached the maximum lifetime coverage amount;
  148         7. The child has exhausted coverage under a COBRA
  149  continuation provision;
  150         8. The health benefits coverage does not cover the child’s
  151  health care needs; or
  152         9. Domestic violence led to loss of coverage.
  153         (6) A child who is otherwise eligible for the Florida
  154  Kidcare program and who has a preexisting condition that
  155  prevents coverage under another insurance plan as described in
  156  paragraph (5)(a) which would have disqualified the child for the
  157  Florida Kidcare program if the child were able to enroll in the
  158  plan is eligible for Florida Kidcare coverage when enrollment is
  159  possible.
  160         (7) A child whose family income is above 250 200 percent of
  161  the federal poverty level or a child who is excluded under the
  162  provisions of subsection (5) may participate in the Florida
  163  Kidcare program as provided in s. 409.8132 or, if the child is
  164  ineligible for Medikids by reason of age, in the Florida Healthy
  165  Kids program, subject to the following:
  166         (a) The family is not eligible for premium assistance
  167  payments and must pay the full cost of the premium, including
  168  any administrative costs.
  169         (b) The board of directors of the Florida Healthy Kids
  170  Corporation may offer a reduced benefit package to these
  171  children in order to limit program costs for such families.
  172         (8) Once a child is enrolled in the Florida Kidcare
  173  program, the child is eligible for coverage for 12 months
  174  without a redetermination or reverification of eligibility, if
  175  the family continues to pay the applicable premium. Eligibility
  176  for program components funded through Title XXI of the Social
  177  Security Act terminates when a child attains the age of 19. A
  178  child who has not attained the age of 5 and who has been
  179  determined eligible for the Medicaid program is eligible for
  180  coverage for 12 months without a redetermination or
  181  reverification of eligibility.
  182         (9) When determining or reviewing a child’s eligibility
  183  under the Florida Kidcare program, the applicant shall be
  184  provided with reasonable notice of changes in eligibility which
  185  may affect enrollment in one or more of the program components.
  186  If a transition from one program component to another is
  187  authorized, there shall be cooperation between the program
  188  components and the affected family which promotes continuity of
  189  health care coverage. Any authorized transfers must be managed
  190  within the program’s overall appropriated or authorized levels
  191  of funding. Each component of the program shall establish a
  192  reserve to ensure that transfers between components will be
  193  accomplished within current year appropriations. These reserves
  194  shall be reviewed by each convening of the Social Services
  195  Estimating Conference to determine the adequacy of such reserves
  196  to meet actual experience.
  197         (10) In determining the eligibility of a child, an assets
  198  test is not required. If eligibility for the Florida Kidcare
  199  program cannot be verified using reliable data sources in
  200  accordance with federal requirements, each applicant shall
  201  provide documentation during the application process and the
  202  redetermination process, including, but not limited to, the
  203  following:
  204         (a) Proof of family income, which must be verified
  205  electronically to determine financial eligibility for the
  206  Florida Kidcare program. Written documentation, which may
  207  include wages and earnings statements or pay stubs, W-2 forms,
  208  or a copy of the applicant’s most recent federal income tax
  209  return, is required only if the electronic verification is not
  210  available or does not substantiate the applicant’s income.
  211         (b) A statement from all applicable, employed family
  212  members that:
  213         1. Their employers do not sponsor health benefit plans for
  214  employees;
  215         2. The potential enrollee is not covered by an employer
  216  sponsored health benefit plan; or
  217         3. The potential enrollee is covered by an employer
  218  sponsored health benefit plan and the cost of the employer
  219  sponsored health benefit plan is more than 5 percent of the
  220  family’s income.
  221         (c) To enroll in the Children’s Medical Services Network, a
  222  completed application, including a clinical screening.
  223         (11) Subject to paragraph (5)(a), the Florida Kidcare
  224  program shall withhold benefits from an enrollee if the program
  225  obtains evidence that the enrollee is no longer eligible,
  226  submitted incorrect or fraudulent information in order to
  227  establish eligibility, or failed to provide verification of
  228  eligibility. The applicant or enrollee shall be notified that
  229  because of such evidence program benefits will be withheld
  230  unless the applicant or enrollee contacts a designated
  231  representative of the program by a specified date, which must be
  232  within 10 working days after the date of notice, to discuss and
  233  resolve the matter. The program shall make every effort to
  234  resolve the matter within a timeframe that will not cause
  235  benefits to be withheld from an eligible enrollee.
  236         (12) The following individuals may be subject to
  237  prosecution in accordance with s. 414.39:
  238         (a) An applicant obtaining or attempting to obtain benefits
  239  for a potential enrollee under the Florida Kidcare program when
  240  the applicant knows or should have known the potential enrollee
  241  does not qualify for the Florida Kidcare program.
  242         (b) An individual who assists an applicant in obtaining or
  243  attempting to obtain benefits for a potential enrollee under the
  244  Florida Kidcare program when the individual knows or should have
  245  known the potential enrollee does not qualify for the Florida
  246  Kidcare program.
  247         Section 4. Effective July 1, 2024, section 409.814, Florida
  248  Statutes, as amended by this act, is amended to read:
  249         409.814 Eligibility.—A child who has not reached 19 years
  250  of age whose family income is equal to or below 300 250 percent
  251  of the federal poverty level is eligible for the Florida Kidcare
  252  program as provided in this section. If an enrolled individual
  253  is determined to be ineligible for coverage, he or she must be
  254  immediately disenrolled from the respective Florida Kidcare
  255  program component.
  256         (1) A child who is eligible for Medicaid coverage under s.
  257  409.903 or s. 409.904 must be enrolled in Medicaid and is not
  258  eligible to receive health benefits under any other health
  259  benefits coverage authorized under the Florida Kidcare program.
  260         (2) A child who is not eligible for Medicaid, but who is
  261  eligible for the Florida Kidcare program, may obtain health
  262  benefits coverage under any of the other components listed in s.
  263  409.813 if such coverage is approved and available in the county
  264  in which the child resides.
  265         (3) A Title XXI-funded child who is eligible for the
  266  Florida Kidcare program who is a child with special health care
  267  needs, as determined through a medical or behavioral screening
  268  instrument, is eligible for health benefits coverage from and
  269  shall be assigned to and may opt out of the Children’s Medical
  270  Services Network.
  271         (4) A Title XXI-funded child who reaches 19 years of age is
  272  eligible for continued Title XXI-funded coverage for the
  273  duration of a pregnancy and the postpartum period consisting of
  274  the 12-month period beginning on the last day of a pregnancy, if
  275  such pregnancy or postpartum period begins prior to the child
  276  reaching 19 years of age, and if the child is ineligible for
  277  Medicaid.
  278         (5) The following children are not eligible to receive
  279  Title XXI-funded premium assistance for health benefits coverage
  280  under the Florida Kidcare program, except under Medicaid if the
  281  child would have been eligible for Medicaid under s. 409.903 or
  282  s. 409.904 as of June 1, 1997:
  283         (a) A child who is covered under a family member’s group
  284  health benefit plan or under other private or employer health
  285  insurance coverage, if the cost of the child’s participation is
  286  not greater than 5 percent of the family’s income. If a child is
  287  otherwise eligible for a subsidy under the Florida Kidcare
  288  program and the cost of the child’s participation in the family
  289  member’s health insurance benefit plan is greater than 5 percent
  290  of the family’s income, the child may enroll in the appropriate
  291  subsidized Kidcare program.
  292         (b) A child who is seeking premium assistance for the
  293  Florida Kidcare program through employer-sponsored group
  294  coverage, if the child has been covered by the same employer’s
  295  group coverage during the 60 days before the family submitted an
  296  application for determination of eligibility under the program.
  297         (c) A child who is an alien but who does not meet the
  298  definition of a lawfully residing child. This paragraph does not
  299  extend eligibility for the Florida Kidcare program to an
  300  undocumented immigrant.
  301         (d) A child who is an inmate of a public institution or a
  302  patient in an institution for mental diseases.
  303         (e) A child who is otherwise eligible for premium
  304  assistance for the Florida Kidcare program and has had his or
  305  her coverage in an employer-sponsored or private health benefit
  306  plan voluntarily canceled in the last 60 days, except those
  307  children whose coverage was voluntarily canceled for good cause,
  308  including, but not limited to, the following circumstances:
  309         1. The cost of participation in an employer-sponsored
  310  health benefit plan is greater than 5 percent of the family’s
  311  income;
  312         2. The parent lost a job that provided an employer
  313  sponsored health benefit plan for children;
  314         3. The parent who had health benefits coverage for the
  315  child is deceased;
  316         4. The child has a medical condition that, without medical
  317  care, would cause serious disability, loss of function, or
  318  death;
  319         5. The employer of the parent canceled health benefits
  320  coverage for children;
  321         6. The child’s health benefits coverage ended because the
  322  child reached the maximum lifetime coverage amount;
  323         7. The child has exhausted coverage under a COBRA
  324  continuation provision;
  325         8. The health benefits coverage does not cover the child’s
  326  health care needs; or
  327         9. Domestic violence led to loss of coverage.
  328         (6) A child who is otherwise eligible for the Florida
  329  Kidcare program and who has a preexisting condition that
  330  prevents coverage under another insurance plan as described in
  331  paragraph (5)(a) which would have disqualified the child for the
  332  Florida Kidcare program if the child were able to enroll in the
  333  plan is eligible for Florida Kidcare coverage when enrollment is
  334  possible.
  335         (7) A child whose family income is above 300 250 percent of
  336  the federal poverty level or a child who is excluded under the
  337  provisions of subsection (5) may participate in the Florida
  338  Kidcare program as provided in s. 409.8132 or, if the child is
  339  ineligible for Medikids by reason of age, in the Florida Healthy
  340  Kids program, subject to the following:
  341         (a) The family is not eligible for premium assistance
  342  payments and must pay the full cost of the premium, including
  343  any administrative costs.
  344         (b) The board of directors of the Florida Healthy Kids
  345  Corporation may offer a reduced benefit package to these
  346  children in order to limit program costs for such families.
  347         (8) Once a child is enrolled in the Florida Kidcare
  348  program, the child is eligible for coverage for 12 months
  349  without a redetermination or reverification of eligibility, if
  350  the family continues to pay the applicable premium. Eligibility
  351  for program components funded through Title XXI of the Social
  352  Security Act terminates when a child attains the age of 19. A
  353  child who has not attained the age of 5 and who has been
  354  determined eligible for the Medicaid program is eligible for
  355  coverage for 12 months without a redetermination or
  356  reverification of eligibility.
  357         (9) When determining or reviewing a child’s eligibility
  358  under the Florida Kidcare program, the applicant shall be
  359  provided with reasonable notice of changes in eligibility which
  360  may affect enrollment in one or more of the program components.
  361  If a transition from one program component to another is
  362  authorized, there shall be cooperation between the program
  363  components and the affected family which promotes continuity of
  364  health care coverage. Any authorized transfers must be managed
  365  within the program’s overall appropriated or authorized levels
  366  of funding. Each component of the program shall establish a
  367  reserve to ensure that transfers between components will be
  368  accomplished within current year appropriations. These reserves
  369  shall be reviewed by each convening of the Social Services
  370  Estimating Conference to determine the adequacy of such reserves
  371  to meet actual experience.
  372         (10) In determining the eligibility of a child, an assets
  373  test is not required. If eligibility for the Florida Kidcare
  374  program cannot be verified using reliable data sources in
  375  accordance with federal requirements, each applicant shall
  376  provide documentation during the application process and the
  377  redetermination process, including, but not limited to, the
  378  following:
  379         (a) Proof of family income, which must be verified
  380  electronically to determine financial eligibility for the
  381  Florida Kidcare program. Written documentation, which may
  382  include wages and earnings statements or pay stubs, W-2 forms,
  383  or a copy of the applicant’s most recent federal income tax
  384  return, is required only if the electronic verification is not
  385  available or does not substantiate the applicant’s income.
  386         (b) A statement from all applicable, employed family
  387  members that:
  388         1. Their employers do not sponsor health benefit plans for
  389  employees;
  390         2. The potential enrollee is not covered by an employer
  391  sponsored health benefit plan; or
  392         3. The potential enrollee is covered by an employer
  393  sponsored health benefit plan and the cost of the employer
  394  sponsored health benefit plan is more than 5 percent of the
  395  family’s income.
  396         (c) To enroll in the Children’s Medical Services Network, a
  397  completed application, including a clinical screening.
  398         (11) Subject to paragraph (5)(a), the Florida Kidcare
  399  program shall withhold benefits from an enrollee if the program
  400  obtains evidence that the enrollee is no longer eligible,
  401  submitted incorrect or fraudulent information in order to
  402  establish eligibility, or failed to provide verification of
  403  eligibility. The applicant or enrollee shall be notified that
  404  because of such evidence program benefits will be withheld
  405  unless the applicant or enrollee contacts a designated
  406  representative of the program by a specified date, which must be
  407  within 10 working days after the date of notice, to discuss and
  408  resolve the matter. The program shall make every effort to
  409  resolve the matter within a timeframe that will not cause
  410  benefits to be withheld from an eligible enrollee.
  411         (12) The following individuals may be subject to
  412  prosecution in accordance with s. 414.39:
  413         (a) An applicant obtaining or attempting to obtain benefits
  414  for a potential enrollee under the Florida Kidcare program when
  415  the applicant knows or should have known the potential enrollee
  416  does not qualify for the Florida Kidcare program.
  417         (b) An individual who assists an applicant in obtaining or
  418  attempting to obtain benefits for a potential enrollee under the
  419  Florida Kidcare program when the individual knows or should have
  420  known the potential enrollee does not qualify for the Florida
  421  Kidcare program.
  422         Section 5. Subsection (3) of section 409.816, Florida
  423  Statutes, is amended to read:
  424         409.816 Limitations on premiums and cost sharing.—The
  425  following limitations on premiums and cost sharing are
  426  established for the program.
  427         (3) Enrollees in families with a family income above 150
  428  percent of the federal poverty level who are not receiving
  429  coverage under the Medicaid program or who are not eligible
  430  under s. 409.814(7) may be required to pay enrollment fees,
  431  premiums, copayments, deductibles, coinsurance, or similar
  432  charges on a sliding scale related to income, except that the
  433  total annual aggregate cost sharing with respect to all children
  434  in a family may not exceed 5 percent of the family’s income.
  435  However, copayments, deductibles, coinsurance, or similar
  436  charges may not be imposed for preventive services, including
  437  well-baby and well-child care, age-appropriate immunizations,
  438  and routine hearing and vision screenings. Premiums for
  439  enrollees paying enrollment fees, premiums, copayments,
  440  deductibles, coinsurance, or similar charges as provided in this
  441  subsection must be based on at least three but no more than five
  442  tiers of uniform premiums that increase with each tier as a
  443  percentage of the applicable threshold amount of the federal
  444  poverty level, by tier.
  445         Section 6. Paragraph (b) of subsection (2) of section
  446  624.91, Florida Statutes, is amended to read:
  447         624.91 The Florida Healthy Kids Corporation Act.—
  448         (2) LEGISLATIVE INTENT.—
  449         (b) It is the intent of the Legislature that the Florida
  450  Healthy Kids Corporation serve as one of several providers of
  451  services to children eligible for medical assistance under Title
  452  XXI of the Social Security Act. Although the corporation may
  453  serve other children, the Legislature intends the primary
  454  recipients of services provided through the corporation be
  455  school-age children with a family income equal to or below 250
  456  200 percent of the federal poverty level, who do not qualify for
  457  Medicaid. It is also the intent of the Legislature that state
  458  and local government Florida Healthy Kids funds be used to
  459  continue coverage, subject to specific appropriations in the
  460  General Appropriations Act, to children not eligible for federal
  461  matching funds under Title XXI.
  462         Section 7. Effective July 1, 2024, paragraph (b) of
  463  subsection (2) of section 624.91, Florida Statutes, as amended
  464  by this act, is amended to read:
  465         624.91 The Florida Healthy Kids Corporation Act.—
  466         (2) LEGISLATIVE INTENT.—
  467         (b) It is the intent of the Legislature that the Florida
  468  Healthy Kids Corporation serve as one of several providers of
  469  services to children eligible for medical assistance under Title
  470  XXI of the Social Security Act. Although the corporation may
  471  serve other children, the Legislature intends the primary
  472  recipients of services provided through the corporation be
  473  school-age children with a family income equal to or below 300
  474  250 percent of the federal poverty level, who do not qualify for
  475  Medicaid. It is also the intent of the Legislature that state
  476  and local government Florida Healthy Kids funds be used to
  477  continue coverage, subject to specific appropriations in the
  478  General Appropriations Act, to children not eligible for federal
  479  matching funds under Title XXI.
  480         Section 8. (1)The amendments to ss. 409.8132, 409.814, and
  481  624.91, Florida Statutes, made by this act are subject to
  482  federal approval through a waiver or state plan amendment.
  483         (2)The Agency for Health Care Administration shall notify
  484  the Division of Law Revision within 10 days after receiving
  485  federal approval through a waiver or state plan amendment.
  486         Section 9. Except as otherwise expressly provided in this
  487  act, this act shall take effect July 1, 2023.