Florida Senate - 2023                              CS for SB 246
       
       
        
       By the Appropriations Committee on Health and Human Services;
       and Senators Calatayud, Perry, Osgood, and Rodriguez
       
       
       
       
       603-03744-23                                           2023246c1
    1                        A bill to be entitled                      
    2         An act relating to Florida Kidcare program
    3         eligibility; amending s. 409.8132, F.S.; increasing
    4         the income eligibility threshold for coverage under
    5         the Medikids program component; amending s. 409.814,
    6         F.S.; increasing the income eligibility threshold for
    7         coverage under the Florida Kidcare program; requiring
    8         an applicant seeking coverage under the program to
    9         provide certain documentation if eligibility cannot be
   10         verified using reliable data sources; amending s.
   11         409.816, F.S.; requiring that premiums for certain
   12         enrollees under the Florida Kidcare program be based
   13         on a tiered system of uniform premiums; amending s.
   14         624.91, F.S.; conforming a provision to changes made
   15         by the act; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (a) of subsection (6) of section
   20  409.8132, Florida Statutes, is amended to read:
   21         409.8132 Medikids program component.—
   22         (6) ELIGIBILITY.—
   23         (a) A child who has attained the age of 1 year but who is
   24  under the age of 5 years is eligible to enroll in the Medikids
   25  program component of the Florida Kidcare program, if the child
   26  is a member of a family that has a family income which exceeds
   27  the Medicaid applicable income level as specified in s. 409.903,
   28  but which is equal to or below 300 200 percent of the current
   29  federal poverty level. In determining the eligibility of such a
   30  child, an assets test is not required. A child who is eligible
   31  for Medikids may elect to enroll in Florida Healthy Kids
   32  coverage or employer-sponsored group coverage. However, a child
   33  who is eligible for Medikids may participate in the Florida
   34  Healthy Kids program only if the child has a sibling
   35  participating in the Florida Healthy Kids program and the
   36  child’s county of residence permits such enrollment.
   37         Section 2. Section 409.814, Florida Statutes, is amended to
   38  read:
   39         409.814 Eligibility.—A child who has not reached 19 years
   40  of age whose family income is equal to or below 300 200 percent
   41  of the federal poverty level is eligible for the Florida Kidcare
   42  program as provided in this section. If an enrolled individual
   43  is determined to be ineligible for coverage, he or she must be
   44  immediately disenrolled from the respective Florida Kidcare
   45  program component.
   46         (1) A child who is eligible for Medicaid coverage under s.
   47  409.903 or s. 409.904 must be enrolled in Medicaid and is not
   48  eligible to receive health benefits under any other health
   49  benefits coverage authorized under the Florida Kidcare program.
   50         (2) A child who is not eligible for Medicaid, but who is
   51  eligible for the Florida Kidcare program, may obtain health
   52  benefits coverage under any of the other components listed in s.
   53  409.813 if such coverage is approved and available in the county
   54  in which the child resides.
   55         (3) A Title XXI-funded child who is eligible for the
   56  Florida Kidcare program who is a child with special health care
   57  needs, as determined through a medical or behavioral screening
   58  instrument, is eligible for health benefits coverage from and
   59  shall be assigned to and may opt out of the Children’s Medical
   60  Services Network.
   61         (4) A Title XXI-funded child who reaches 19 years of age is
   62  eligible for continued Title XXI-funded coverage for the
   63  duration of a pregnancy and the postpartum period consisting of
   64  the 12-month period beginning on the last day of a pregnancy, if
   65  such pregnancy or postpartum period begins prior to the child
   66  reaching 19 years of age, and if the child is ineligible for
   67  Medicaid.
   68         (5) The following children are not eligible to receive
   69  Title XXI-funded premium assistance for health benefits coverage
   70  under the Florida Kidcare program, except under Medicaid if the
   71  child would have been eligible for Medicaid under s. 409.903 or
   72  s. 409.904 as of June 1, 1997:
   73         (a) A child who is covered under a family member’s group
   74  health benefit plan or under other private or employer health
   75  insurance coverage, if the cost of the child’s participation is
   76  not greater than 5 percent of the family’s income. If a child is
   77  otherwise eligible for a subsidy under the Florida Kidcare
   78  program and the cost of the child’s participation in the family
   79  member’s health insurance benefit plan is greater than 5 percent
   80  of the family’s income, the child may enroll in the appropriate
   81  subsidized Kidcare program.
   82         (b) A child who is seeking premium assistance for the
   83  Florida Kidcare program through employer-sponsored group
   84  coverage, if the child has been covered by the same employer’s
   85  group coverage during the 60 days before the family submitted an
   86  application for determination of eligibility under the program.
   87         (c) A child who is an alien but who does not meet the
   88  definition of a lawfully residing child. This paragraph does not
   89  extend eligibility for the Florida Kidcare program to an
   90  undocumented immigrant.
   91         (d) A child who is an inmate of a public institution or a
   92  patient in an institution for mental diseases.
   93         (e) A child who is otherwise eligible for premium
   94  assistance for the Florida Kidcare program and has had his or
   95  her coverage in an employer-sponsored or private health benefit
   96  plan voluntarily canceled in the last 60 days, except those
   97  children whose coverage was voluntarily canceled for good cause,
   98  including, but not limited to, the following circumstances:
   99         1. The cost of participation in an employer-sponsored
  100  health benefit plan is greater than 5 percent of the family’s
  101  income;
  102         2. The parent lost a job that provided an employer
  103  sponsored health benefit plan for children;
  104         3. The parent who had health benefits coverage for the
  105  child is deceased;
  106         4. The child has a medical condition that, without medical
  107  care, would cause serious disability, loss of function, or
  108  death;
  109         5. The employer of the parent canceled health benefits
  110  coverage for children;
  111         6. The child’s health benefits coverage ended because the
  112  child reached the maximum lifetime coverage amount;
  113         7. The child has exhausted coverage under a COBRA
  114  continuation provision;
  115         8. The health benefits coverage does not cover the child’s
  116  health care needs; or
  117         9. Domestic violence led to loss of coverage.
  118         (6) A child who is otherwise eligible for the Florida
  119  Kidcare program and who has a preexisting condition that
  120  prevents coverage under another insurance plan as described in
  121  paragraph (5)(a) which would have disqualified the child for the
  122  Florida Kidcare program if the child were able to enroll in the
  123  plan is eligible for Florida Kidcare coverage when enrollment is
  124  possible.
  125         (7) A child whose family income is above 300 200 percent of
  126  the federal poverty level or a child who is excluded under the
  127  provisions of subsection (5) may participate in the Florida
  128  Kidcare program as provided in s. 409.8132 or, if the child is
  129  ineligible for Medikids by reason of age, in the Florida Healthy
  130  Kids program, subject to the following:
  131         (a) The family is not eligible for premium assistance
  132  payments and must pay the full cost of the premium, including
  133  any administrative costs.
  134         (b) The board of directors of the Florida Healthy Kids
  135  Corporation may offer a reduced benefit package to these
  136  children in order to limit program costs for such families.
  137         (8) Once a child is enrolled in the Florida Kidcare
  138  program, the child is eligible for coverage for 12 months
  139  without a redetermination or reverification of eligibility, if
  140  the family continues to pay the applicable premium. Eligibility
  141  for program components funded through Title XXI of the Social
  142  Security Act terminates when a child attains the age of 19. A
  143  child who has not attained the age of 5 and who has been
  144  determined eligible for the Medicaid program is eligible for
  145  coverage for 12 months without a redetermination or
  146  reverification of eligibility.
  147         (9) When determining or reviewing a child’s eligibility
  148  under the Florida Kidcare program, the applicant shall be
  149  provided with reasonable notice of changes in eligibility which
  150  may affect enrollment in one or more of the program components.
  151  If a transition from one program component to another is
  152  authorized, there shall be cooperation between the program
  153  components and the affected family which promotes continuity of
  154  health care coverage. Any authorized transfers must be managed
  155  within the program’s overall appropriated or authorized levels
  156  of funding. Each component of the program shall establish a
  157  reserve to ensure that transfers between components will be
  158  accomplished within current year appropriations. These reserves
  159  shall be reviewed by each convening of the Social Services
  160  Estimating Conference to determine the adequacy of such reserves
  161  to meet actual experience.
  162         (10) In determining the eligibility of a child, an assets
  163  test is not required. If eligibility for the Florida Kidcare
  164  program cannot be verified using reliable data sources in
  165  accordance with federal requirements, each applicant must shall
  166  provide documentation during the application process and the
  167  redetermination process, including, but not limited to, the
  168  following:
  169         (a) Proof of family income, which must be verified
  170  electronically to determine financial eligibility for the
  171  Florida Kidcare program. Written documentation, which may
  172  include wages and earnings statements or pay stubs, W-2 forms,
  173  or a copy of the applicant’s most recent federal income tax
  174  return, is required only if the electronic verification is not
  175  available or does not substantiate the applicant’s income.
  176         (b) A statement from all applicable, employed family
  177  members that:
  178         1. Their employers do not sponsor health benefit plans for
  179  employees;
  180         2. The potential enrollee is not covered by an employer
  181  sponsored health benefit plan; or
  182         3. The potential enrollee is covered by an employer
  183  sponsored health benefit plan and the cost of the employer
  184  sponsored health benefit plan is more than 5 percent of the
  185  family’s income.
  186         (c) To enroll in the Children’s Medical Services Network, a
  187  completed application, including a clinical screening.
  188         (11) Subject to paragraph (5)(a), the Florida Kidcare
  189  program shall withhold benefits from an enrollee if the program
  190  obtains evidence that the enrollee is no longer eligible,
  191  submitted incorrect or fraudulent information in order to
  192  establish eligibility, or failed to provide verification of
  193  eligibility. The applicant or enrollee must shall be notified
  194  that because of such evidence program benefits will be withheld
  195  unless the applicant or enrollee contacts a designated
  196  representative of the program by a specified date, which must be
  197  within 10 working days after the date of notice, to discuss and
  198  resolve the matter. The program shall make every effort to
  199  resolve the matter within a timeframe that will not cause
  200  benefits to be withheld from an eligible enrollee.
  201         (12) The following individuals may be subject to
  202  prosecution in accordance with s. 414.39:
  203         (a) An applicant obtaining or attempting to obtain benefits
  204  for a potential enrollee under the Florida Kidcare program when
  205  the applicant knows or should have known the potential enrollee
  206  does not qualify for the Florida Kidcare program.
  207         (b) An individual who assists an applicant in obtaining or
  208  attempting to obtain benefits for a potential enrollee under the
  209  Florida Kidcare program when the individual knows or should have
  210  known the potential enrollee does not qualify for the Florida
  211  Kidcare program.
  212         Section 3. Subsection (3) of section 409.816, Florida
  213  Statutes, is amended to read:
  214         409.816 Limitations on premiums and cost sharing.—The
  215  following limitations on premiums and cost sharing are
  216  established for the program.
  217         (3) Enrollees in families with a family income above 150
  218  percent of the federal poverty level who are not receiving
  219  coverage under the Medicaid program or who are not eligible
  220  under s. 409.814(7) may be required to pay enrollment fees,
  221  premiums, copayments, deductibles, coinsurance, or similar
  222  charges on a sliding scale related to income, except that the
  223  total annual aggregate cost sharing with respect to all children
  224  in a family may not exceed 5 percent of the family’s income.
  225  However, copayments, deductibles, coinsurance, or similar
  226  charges may not be imposed for preventive services, including
  227  well-baby and well-child care, age-appropriate immunizations,
  228  and routine hearing and vision screenings. Premiums for
  229  enrollees who are paying enrollment fees, premiums, copayments,
  230  deductibles, coinsurance, or similar charges as provided in this
  231  subsection must be based on at least three but no more than six
  232  tiers of uniform premiums that increase with each tier as a
  233  percentage of the applicable threshold amount of the federal
  234  poverty level, by tier.
  235         Section 4. Paragraph (b) of subsection (2) of section
  236  624.91, Florida Statutes, is amended to read:
  237         624.91 The Florida Healthy Kids Corporation Act.—
  238         (2) LEGISLATIVE INTENT.—
  239         (b) It is the intent of the Legislature that the Florida
  240  Healthy Kids Corporation serve as one of several providers of
  241  services to children eligible for medical assistance under Title
  242  XXI of the Social Security Act. Although the corporation may
  243  serve other children, the Legislature intends the primary
  244  recipients of services provided through the corporation be
  245  school-age children with a family income equal to or below 300
  246  200 percent of the federal poverty level, who do not qualify for
  247  Medicaid. It is also the intent of the Legislature that state
  248  and local government Florida Healthy Kids funds be used to
  249  continue coverage, subject to specific appropriations in the
  250  General Appropriations Act, to children not eligible for federal
  251  matching funds under Title XXI.
  252         Section 5. Except as otherwise expressly provided in this
  253  act, this act shall take effect upon becoming a law.