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 250200percent 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 300250percent 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 250200percent 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 250200percent 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 300250percent 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 300250percent 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 456200percent 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 474250percent 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.