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 300200percent 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 300200percent 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 300200percent 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 mustshall166 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 mustshallbe 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 246200percent 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.