Florida Senate - 2024                                    SB 2518
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02704-24                                          20242518__
    1                        A bill to be entitled                      
    2         An act relating to health and human services; amending
    3         s. 39.6225, F.S.; revising the minimum age at which a
    4         child may be covered by a guardianship assistance
    5         agreement entered into by his or her permanent
    6         guardian; amending ss. 381.4019 and 381.402, F.S.;
    7         providing for the deposit and use of funds from the
    8         Dental Student Loan Repayment Program and the Florida
    9         Reimbursement Assistance for Medical Education
   10         Program, respectively, which are returned by a
   11         financial institution to the Department of Health;
   12         authorizing the department to submit budget amendments
   13         for a specified purpose; amending s. 409.166, F.S.;
   14         revising the criteria, as of a specified date, for the
   15         Department of Children and Families to make adoption
   16         assistance payments for certain children; amending s.
   17         409.1664, F.S.; revising the amounts of the lump sum
   18         payments that qualifying adoptive employees of state
   19         agencies, veterans, and servicemembers are eligible to
   20         receive; conforming provisions to changes made by the
   21         act; amending s. 409.1451, F.S.; revising eligibility
   22         criteria for certain young adults for postsecondary
   23         education services and support and aftercare services
   24         under the Road-to-Independence Program; amending s.
   25         430.204, F.S.; authorizing area agencies on aging to
   26         carry forward a specified percentage of documented
   27         unexpended state funds, subject to certain conditions;
   28         amending s. 430.84, F.S.; authorizing the Agency for
   29         Health Care Administration to adopt rules to implement
   30         a specified law; amending s. 391.016, F.S.; revising
   31         the purposes and functions of the Children’s Medical
   32         Services program; amending s. 391.021, F.S.; revising
   33         definitions; amending s. 391.025, F.S.; revising the
   34         applicability and scope of the program; amending s.
   35         391.026, F.S.; revising the powers and duties of the
   36         Department of Health to conform to changes made by the
   37         act; repealing s. 391.028, F.S., relating to the
   38         administration of the Children’s Medical Services
   39         program; amending s. 391.029, F.S.; revising program
   40         eligibility requirements; amending s. 391.0315, F.S.;
   41         conforming provisions to changes made by the act;
   42         repealing ss. 391.035, 391.037, 391.045, 391.047,
   43         391.055, and 391.071, F.S., relating to provider
   44         qualifications, physicians providing private sector
   45         services, reimbursement for health care providers for
   46         services rendered through the Children’s Medical
   47         Services network, third-party payments for health
   48         services, service delivery systems, and the Children’s
   49         Medical Services program quality of care requirements,
   50         respectively; amending s. 391.097, F.S.; revising
   51         provisions relating to research and evaluation to
   52         conform to changes made by the act; repealing part II
   53         of ch. 391, F.S., relating to Children’s Medical
   54         Services councils and panels; transferring operation
   55         of the Children’s Medical Services Managed Care Plan
   56         from the Department of Health to the Agency for Health
   57         Care Administration, effective on a specified date;
   58         providing construction as to judicial and
   59         administrative actions pending as of a specified date
   60         and time; requiring the department’s Children’s
   61         Medical Services program to collaborate with and
   62         assist the agency in specified activities; requiring
   63         the department to conduct certain clinical eligibility
   64         screenings; amending s. 409.974, F.S.; requiring the
   65         department, in consultation with the agency, to
   66         competitively procure and implement one or more
   67         managed care plan contracts to provide services for
   68         certain children with special health care needs;
   69         requiring the department’s Children’s Medical Services
   70         program to assist the agency in developing certain
   71         specifications for the vendor contracts to provide
   72         services for certain children with special health care
   73         needs; requiring the department to conduct clinical
   74         eligibility screenings for services for such children
   75         and collaborate with the agency in the care of such
   76         children; conforming a provision to changes made by
   77         the act; amending ss. 409.166, 409.811, 409.813,
   78         409.8134, 409.814, 409.815, 409.8177, 409.818,
   79         409.912, 409.9126, 409.9131, 409.920, and 409.962,
   80         F.S.; conforming provisions to changes made by the
   81         act; providing effective dates.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsection (9) of section 39.6225, Florida
   86  Statutes, is amended to read:
   87         39.6225 Guardianship Assistance Program.—
   88         (9) Guardianship assistance payments shall only be made for
   89  a young adult whose permanent guardian entered into a
   90  guardianship assistance agreement after the child attained 14 16
   91  years of age but before the child attained 18 years of age if
   92  the child is:
   93         (a) Completing secondary education or a program leading to
   94  an equivalent credential;
   95         (b) Enrolled in an institution that provides postsecondary
   96  or vocational education;
   97         (c) Participating in a program or activity designed to
   98  promote or eliminate barriers to employment;
   99         (d) Employed for at least 80 hours per month; or
  100         (e) Unable to participate in programs or activities listed
  101  in paragraphs (a)-(d) full time due to a physical, intellectual,
  102  emotional, or psychiatric condition that limits participation.
  103  Any such barrier to participation must be supported by
  104  documentation in the child’s case file or school or medical
  105  records of a physical, intellectual, emotional, or psychiatric
  106  condition that impairs the child’s ability to perform one or
  107  more life activities.
  108         Section 2. Present subsection (9) of section 381.4019,
  109  Florida Statutes, as amended by SB 7016, 2024 Regular Session,
  110  is redesignated as subsection (10), and a new subsection (9) is
  111  added to that section, to read:
  112         381.4019 Dental Student Loan Repayment Program.—The Dental
  113  Student Loan Repayment Program is established to support the
  114  state Medicaid program and promote access to dental care by
  115  supporting qualified dentists and dental hygienists who treat
  116  medically underserved populations in dental health professional
  117  shortage areas or medically underserved areas.
  118         (9) Any payments made under this section and subsequently
  119  returned by a financial institution to the department may be
  120  deposited into the Grants and Donations Trust Fund to be used
  121  for the same purpose. Notwithstanding ss. 216.181 and 216.292,
  122  the department may submit budget amendments, subject to the
  123  notice, review, and objection procedures of s. 216.177, to
  124  increase budget authority to make payments under this section.
  125         Section 3. Present subsection (8) of section 1009.65,
  126  Florida Statutes, as transferred, renumbered as section 381.402,
  127  Florida Statutes, and amended by SB 7016, 2024 Regular Session,
  128  is redesignated as subsection (9), and a new subsection (8) is
  129  added to that section, to read:
  130         381.402 Florida Reimbursement Assistance for Medical
  131  Education Program.—
  132         (8) Any payments made under this section and subsequently
  133  returned by a financial institution to the Department of Health
  134  may be deposited into the Grants and Donations Trust Fund to be
  135  used for the same purpose. Notwithstanding ss. 216.181 and
  136  216.292, the department may submit budget amendments, subject to
  137  the notice, review, and objection procedures of s. 216.177, to
  138  increase budget authority to make payments under this section.
  139         Section 4. Paragraph (d) of subsection (4) of section
  140  409.166, Florida Statutes, is amended to read:
  141         409.166 Children within the child welfare system; adoption
  142  assistance program.—
  143         (4) ADOPTION ASSISTANCE.—
  144         (d) Effective July 1, 2024 January 1, 2019, adoption
  145  assistance payments may be made for a child whose adoptive
  146  parent entered into an initial adoption assistance agreement
  147  after the child reached 14 16 years of age but before the child
  148  reached 18 years of age. Such payments may be made until the
  149  child reaches age 21 if the child is:
  150         1. Completing secondary education or a program leading to
  151  an equivalent credential;
  152         2. Enrolled in an institution that provides postsecondary
  153  or vocational education;
  154         3. Participating in a program or activity designed to
  155  promote or eliminate barriers to employment;
  156         4. Employed for at least 80 hours per month; or
  157         5. Unable to participate in programs or activities listed
  158  in subparagraphs 1.-4. full time due to a physical, an
  159  intellectual, an emotional, or a psychiatric condition that
  160  limits participation. Any such barrier to participation must be
  161  supported by documentation in the child’s case file or school or
  162  medical records of a physical, an intellectual, an emotional, or
  163  a psychiatric condition that impairs the child’s ability to
  164  perform one or more life activities.
  165         Section 5. Subsection (2) of section 409.1664, Florida
  166  Statutes, is amended to read:
  167         409.1664 Adoption benefits for qualifying adoptive
  168  employees of state agencies, veterans, servicemembers, and law
  169  enforcement officers.—
  170         (2) A qualifying adoptive employee, veteran, law
  171  enforcement officer, or servicemember who adopts a child within
  172  the child welfare system who is difficult to place as described
  173  in s. 409.166(2)(d)2. is eligible to receive a lump-sum monetary
  174  benefit in the amount of $25,000 $10,000 per such child, subject
  175  to applicable taxes. A law enforcement officer who adopts a
  176  child within the child welfare system who is difficult to place
  177  as described in s. 409.166(2)(d)2. is eligible to receive a
  178  lump-sum monetary benefit in the amount of $25,000 per such
  179  child, subject to applicable taxes. A qualifying adoptive
  180  employee, veteran, law enforcement officer, or servicemember who
  181  adopts a child within the child welfare system who is not
  182  difficult to place as described in s. 409.166(2)(d)2. is
  183  eligible to receive a lump-sum monetary benefit in the amount of
  184  $10,000 $5,000 per such child, subject to applicable taxes. A
  185  law enforcement officer who adopts a child within the child
  186  welfare system who is not difficult to place as described in s.
  187  409.166(2)(d)2. is eligible to receive a lump-sum monetary
  188  benefit in the amount of $10,000 per each such child, subject to
  189  applicable taxes. A qualifying adoptive employee of a charter
  190  school or the Florida Virtual School may retroactively apply for
  191  the monetary benefit provided in this subsection if such
  192  employee was employed by a charter school or the Florida Virtual
  193  School when he or she adopted a child within the child welfare
  194  system pursuant to chapter 63 on or after July 1, 2015. A
  195  veteran or servicemember may apply for the monetary benefit
  196  provided in this subsection if he or she is domiciled in this
  197  state and adopts a child within the child welfare system
  198  pursuant to chapter 63 on or after July 1, 2020. A law
  199  enforcement officer may apply for the monetary benefit provided
  200  in this subsection if he or she is domiciled in this state and
  201  adopts a child within the child welfare system pursuant to
  202  chapter 63 on or after July 1, 2022.
  203         (a) Benefits paid to a qualifying adoptive employee who is
  204  a part-time employee must be prorated based on the qualifying
  205  adoptive employee’s full-time equivalency at the time of
  206  applying for the benefits.
  207         (b) Monetary benefits awarded under this subsection are
  208  limited to one award per adopted child within the child welfare
  209  system.
  210         (c) The payment of a lump-sum monetary benefit for adopting
  211  a child within the child welfare system under this section is
  212  subject to a specific appropriation to the department for such
  213  purpose.
  214         Section 6. Paragraph (a) of subsection (2) and paragraph
  215  (a) of subsection (3) of section 409.1451, Florida Statutes, are
  216  amended to read:
  217         409.1451 The Road-to-Independence Program.—
  218         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  219         (a) A young adult is eligible for services and support
  220  under this subsection if he or she:
  221         1. Was living in licensed care on his or her 18th birthday
  222  or is currently living in licensed care; or was at least 14 16
  223  years of age and was adopted from foster care or placed with a
  224  court-approved dependency guardian after spending at least 6
  225  months in licensed care within the 12 months immediately
  226  preceding such placement or adoption;
  227         2. Spent at least 6 months in licensed care before reaching
  228  his or her 18th birthday;
  229         3. Earned a standard high school diploma pursuant to s.
  230  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  231  pursuant to s. 1003.435;
  232         4. Has been admitted for enrollment as a full-time student
  233  or its equivalent in an eligible postsecondary educational
  234  institution as provided in s. 1009.533. For purposes of this
  235  section, the term “full-time” means 9 credit hours or the
  236  vocational school equivalent. A student may enroll part-time if
  237  he or she has a recognized disability or is faced with another
  238  challenge or circumstance that would prevent full-time
  239  attendance. A student needing to enroll part-time for any reason
  240  other than having a recognized disability must get approval from
  241  his or her academic advisor;
  242         5. Has reached 18 years of age but is not yet 23 years of
  243  age;
  244         6. Has applied, with assistance from the young adult’s
  245  caregiver and the community-based lead agency, for any other
  246  grants and scholarships for which he or she may qualify;
  247         7. Submitted a Free Application for Federal Student Aid
  248  which is complete and error free; and
  249         8. Signed an agreement to allow the department and the
  250  community-based care lead agency access to school records.
  251         (3) AFTERCARE SERVICES.—
  252         (a)1. Aftercare services are available to a young adult who
  253  has reached 18 years of age but is not yet 23 years of age and
  254  is:
  255         a. Not in foster care.
  256         b. Temporarily not receiving financial assistance under
  257  subsection (2) to pursue postsecondary education.
  258         c. Eligible for either the Guardianship Assistance Program
  259  extension pursuant to s. 39.6225(9) or the extended adoption
  260  assistance program pursuant to s. 409.166(4)(d), but is not
  261  participating in either program.
  262         2. Subject to available funding, aftercare services as
  263  specified in subparagraph (b)8. are also available to a young
  264  adult who is between the ages of 18 and 22, is receiving
  265  financial assistance under subsection (2), is experiencing an
  266  emergency situation, and whose resources are insufficient to
  267  meet the emergency situation. Such assistance shall be in
  268  addition to any amount specified in paragraph (2)(b).
  269         Section 7. Subsection (10) is added to section 430.204,
  270  Florida Statutes, to read:
  271         430.204 Community-care-for-the-elderly core services;
  272  departmental powers and duties.—
  273         (10) An area agency on aging may carry forward documented
  274  unexpended state funds from one fiscal year to the next. The
  275  cumulative amount carried forward may not exceed 10 percent of
  276  the area agency’s planning and service area allocation for the
  277  community-care-for-the-elderly program. Funds that are carried
  278  forward from one fiscal year to the next are subject to all of
  279  the following conditions:
  280         (a)The funds may not be used in any manner that would
  281  create increased recurring future obligations, and such funds
  282  may not be used for any type of program or service that is not
  283  currently authorized by existing contracts.
  284         (b) Expenditures of the funds must be separately reported
  285  to the department.
  286         (c)Any unexpended funds that remain at the end of the
  287  contract period must be returned to the department.
  288         (d)The funds may be retained through any contract renewals
  289  or any new procurements as long as the same area agency on aging
  290  is retained by the department.
  291         Section 8. Subsection (5) is added to section 430.84,
  292  Florida Statutes, to read:
  293         430.84 Program of All-Inclusive Care for the Elderly.—
  294         (5)RULES.—The agency may adopt rules to implement this
  295  section.
  296         Section 9. Subsection (1) of section 391.016, Florida
  297  Statutes, is amended to read:
  298         391.016 Purposes and functions.—The Children’s Medical
  299  Services program is established for the following purposes and
  300  authorized to perform the following functions:
  301         (1) Provide to children and youth with special health care
  302  needs a family-centered, comprehensive, and coordinated
  303  statewide managed system of care that links community-based
  304  health care with multidisciplinary, regional, and tertiary
  305  pediatric specialty care. The program shall coordinate and
  306  maintain a consistent medical home for participating children.
  307         Section 10. Subsections (1), (2), and (4) of section
  308  391.021, Florida Statutes, are amended to read:
  309         391.021 Definitions.—When used in this act, the term:
  310         (1) “Children’s Medical Services Managed Care Plan network”
  311  or “plan network” means a statewide managed care service system
  312  that includes health care providers, as defined in this section.
  313         (2) “Children and youth with special health care needs”
  314  means those children and youth younger than 21 years of age who
  315  have chronic and serious physical, developmental, behavioral, or
  316  emotional conditions and who require health care and related
  317  services of a type or amount beyond that which is generally
  318  required by children and youth.
  319         (4) “Eligible individual” means a child or youth with a
  320  special health care need or a female with a high-risk pregnancy,
  321  who meets the financial and medical eligibility standards
  322  established in s. 391.029.
  323         Section 11. Subsection (1) of section 391.025, Florida
  324  Statutes, is amended to read:
  325         391.025 Applicability and scope.—
  326         (1) The Children’s Medical Services program consists of the
  327  following components:
  328         (a) The newborn screening program established in s. 383.14
  329  and s. 383.145.
  330         (b) The regional perinatal intensive care centers program
  331  established in ss. 383.15-383.19.
  332         (c) The developmental evaluation and intervention program,
  333  including the Early Steps Program.
  334         (d) The Children’s Medical Services Managed Care Plan
  335  through June 30, 2024 network.
  336         (e)The Children’s Multidisciplinary Assessment Team.
  337         (f)The Medical Foster Care Program.
  338         (g)The Title V of the Social Security Act program for
  339  children and youth with special health care needs.
  340         (h)The Safety Net Program.
  341         (i)The Networks for Access and Quality.
  342         (j)Child Protection Teams and sexual abuse treatment
  343  programs established under s. 39.303.
  344         (k)The State Child Abuse Death Review Committee and local
  345  child abuse death review committees established in s. 383.402.
  346         Section 12. Section 391.026, Florida Statutes, is amended
  347  to read:
  348         391.026 Powers and duties of the department.—The department
  349  shall have the following powers, duties, and responsibilities:
  350         (1) To provide or contract for the provision of health
  351  services to eligible individuals.
  352         (2) To provide services to abused and neglected children
  353  through Child Protection Teams pursuant to s. 39.303.
  354         (3) To determine the medical and financial eligibility of
  355  individuals seeking health services from the program.
  356         (4) To coordinate a comprehensive delivery system for
  357  eligible individuals to take maximum advantage of all available
  358  funds.
  359         (5) To coordinate with programs relating to children’s
  360  medical services in cooperation with other public and private
  361  agencies.
  362         (6) To initiate and coordinate applications to federal
  363  agencies and private organizations for funds, services, or
  364  commodities relating to children’s medical programs.
  365         (7) To sponsor or promote grants for projects, programs,
  366  education, or research in the field of children and youth with
  367  special health care needs, with an emphasis on early diagnosis
  368  and treatment.
  369         (8) To oversee and operate the Children’s Medical Services
  370  Managed Care Plan through June 30, 2024 network.
  371         (9) To establish reimbursement mechanisms for the
  372  Children’s Medical Services network.
  373         (10) To establish Children’s Medical Services network
  374  standards and credentialing requirements for health care
  375  providers and health care services.
  376         (11) To serve as a provider and principal case manager for
  377  children with special health care needs under Titles XIX and XXI
  378  of the Social Security Act.
  379         (12) To monitor the provision of health services in the
  380  program, including the utilization and quality of health
  381  services.
  382         (10)(13) To administer the Children and Youth with Special
  383  Health Care Needs program in accordance with Title V of the
  384  Social Security Act.
  385         (14) To establish and operate a grievance resolution
  386  process for participants and health care providers.
  387         (15) To maintain program integrity in the Children’s
  388  Medical Services program.
  389         (16) To receive and manage health care premiums, capitation
  390  payments, and funds from federal, state, local, and private
  391  entities for the program. The department may contract with a
  392  third-party administrator for processing claims, monitoring
  393  medical expenses, and other related services necessary to the
  394  efficient and cost-effective operation of the Children’s Medical
  395  Services network. The department is authorized to maintain a
  396  minimum reserve for the Children’s Medical Services network in
  397  an amount that is the greater of:
  398         (a) Ten percent of total projected expenditures for Title
  399  XIX-funded and Title XXI-funded children; or
  400         (b) Two percent of total annualized payments from the
  401  Agency for Health Care Administration for Title XIX and Title
  402  XXI of the Social Security Act.
  403         (11)(17) To provide or contract for peer review and other
  404  quality-improvement activities.
  405         (12)(18) To adopt rules pursuant to ss. 120.536(1) and
  406  120.54 to administer the Children’s Medical Services Act.
  407         (13)(19) To serve as the lead agency in administering the
  408  Early Steps Program pursuant to part C of the federal
  409  Individuals with Disabilities Education Act and part II III of
  410  this chapter.
  411         (14)To administer the Medical Foster Care Program,
  412  including:
  413         (a)Recruitment, training, assessment, and monitoring of
  414  the program.
  415         (b)Monitoring access and facilitating admissions of
  416  eligible children and youth to the program and designated
  417  medical foster care homes.
  418         (c)Coordination with the Department of Children and
  419  Families and the Agency for Health Care Administration or their
  420  designees.
  421         Section 13. Section 391.028, Florida Statutes, is repealed.
  422         Section 14. Subsections (2) and (3) of section 391.029,
  423  Florida Statutes, are amended to read:
  424         391.029 Program eligibility.—
  425         (2) The following individuals are eligible to receive
  426  services through the program:
  427         (a) Related to the regional perinatal intensive care
  428  centers, a high-risk pregnant female who is enrolled in
  429  Medicaid.
  430         (b) Children and youth with serious special health care
  431  needs from birth to 21 years of age who are enrolled in
  432  Medicaid.
  433         (c) Children and youth with serious special health care
  434  needs from birth to 19 years of age who are enrolled in a
  435  program under Title XXI of the Social Security Act.
  436         (3) Subject to the availability of funds, the following
  437  individuals may receive services through the program:
  438         (a) Children and youth with serious special health care
  439  needs from birth to 21 years of age who do not qualify for
  440  Medicaid or Title XXI of the Social Security Act but who are
  441  unable to access, due to lack of providers or lack of financial
  442  resources, specialized services that are medically necessary or
  443  essential family support services. Families shall participate
  444  financially in the cost of care based on a sliding fee scale
  445  established by the department.
  446         (b) Children and youth with special health care needs from
  447  birth to 21 years of age, as provided in Title V of the Social
  448  Security Act.
  449         (c) An infant who receives an award of compensation under
  450  s. 766.31(1). The Florida Birth-Related Neurological Injury
  451  Compensation Association shall reimburse the Children’s Medical
  452  Services Managed Care Plan Network the state’s share of funding,
  453  which must thereafter be used to obtain matching federal funds
  454  under Title XXI of the Social Security Act.
  455         Section 15. Section 391.0315, Florida Statutes, is amended
  456  to read:
  457         391.0315 Safety net programs Benefits.—Benefits provided
  458  under the program for children with special health care needs
  459  shall be equivalent to benefits provided to children as
  460  specified in ss. 409.905 and 409.906. The department may offer
  461  specialized services through the Children’s Medical Services
  462  program, including additional benefits for early intervention
  463  services, respite services, genetic testing, genetic and
  464  nutritional counseling, and parent support services, if such
  465  services are determined to be medically necessary.
  466         Section 16. Effective January 1, 2025, section 391.035,
  467  Florida Statutes, is repealed.
  468         Section 17. Effective January 1, 2025, section 391.037,
  469  Florida Statutes, is repealed.
  470         Section 18. Effective January 1, 2025, section 391.045,
  471  Florida Statutes, is repealed.
  472         Section 19. Effective January 1, 2025, section 391.047,
  473  Florida Statutes, is repealed.
  474         Section 20. Effective January 1, 2025, section 391.055,
  475  Florida Statutes, is repealed.
  476         Section 21. Effective January 1, 2025, section 391.071,
  477  Florida Statutes, is repealed.
  478         Section 22. Section 391.097, Florida Statutes, is amended
  479  to read:
  480         391.097 Research and evaluation.—
  481         (1) The department may initiate, fund, and conduct research
  482  and evaluation projects to improve the delivery of children’s
  483  medical services. The department may cooperate with public and
  484  private agencies engaged in work of a similar nature.
  485         (2) The Children’s Medical Services network shall be
  486  included in any evaluation conducted in accordance with the
  487  provisions of Title XXI of the Social Security Act as enacted by
  488  the Legislature.
  489         Section 23. Part II of chapter 391, Florida Statutes,
  490  consisting of ss. 391.221 and 391.223, Florida Statutes, is
  491  repealed, and part III of that chapter is redesignated as part
  492  II.
  493         Section 24. Transfer of operation of the Children’s Medical
  494  Services Managed Care Plan.—
  495         (1)Effective July 1, 2024, all statutory powers, duties,
  496  functions, records, personnel, pending issues, existing
  497  contracts, administrative authority, administrative rules, and
  498  unexpended balances of appropriations, allocations, and other
  499  funds for the operation of the Department of Health’s Children’s
  500  Medical Services Managed Care Plan are transferred to the Agency
  501  for Health Care Administration.
  502         (2)The transfer of operations of the Children’s Medical
  503  Services Managed Care Plan does not affect the validity of any
  504  judicial or administrative action pending as of 11:59 p.m. on
  505  the day before the effective date of the transfer to which the
  506  Department of Health’s Children’s Medical Services Managed Care
  507  Plan is at that time a party, and the Agency for Health Care
  508  Administration shall be substituted as a party in interest in
  509  any such action.
  510         (3)The department’s Children’s Medical Services program
  511  shall use its knowledge, skill, and ability to collaborate with
  512  the Agency for Health Care Administration in the care of
  513  children and youth with special health care needs. The
  514  department’s Children’s Medical Services program shall do all of
  515  the following:
  516         (a)Assist the agency in developing specifications for use
  517  in the procurement of vendors and the model contract, including
  518  provisions relating to referral, enrollment, disenrollment,
  519  access, quality of care, network adequacy, care coordination,
  520  and service integration.
  521         (b)Conduct clinical eligibility screenings for children
  522  and youth with special health care needs who are eligible for or
  523  enrolled in Medicaid or the Children’s Health Insurance Program.
  524         (c)Provide ongoing consultation to the agency to ensure
  525  high-quality, family-centered, coordinated health services
  526  within an effective system of care for children and youth with
  527  special health care needs.
  528         Section 25. Subsection (4) of section 409.974, Florida
  529  Statutes, is amended to read:
  530         409.974 Eligible plans.—
  531         (4) CHILDREN’S MEDICAL SERVICES NETWORK.—The Department of
  532  Health, in consultation with the Agency for Health Care
  533  Administration, shall competitively procure and implement one or
  534  more managed care plan contracts for children and youth with
  535  special health care needs with services beginning by January 1,
  536  2025. The Department of Health’s Children’s Medical Services
  537  program shall:
  538         (a)Effective July 1, 2024, transfer to the agency the
  539  operations of managed care contracts procured by the department
  540  for Medicaid and Children’s Health Insurance Program services to
  541  children and youth with special health care needs enrolled in
  542  the Children’s Medical Services Managed Care Plan.
  543         (b)Assist the agency in developing specifications for use
  544  in the procurement of vendors and the model contract, including
  545  provisions relating to referral, enrollment, disenrollment,
  546  access, quality of care, network adequacy, care coordination,
  547  and service integration.
  548         (c)Conduct clinical eligibility screenings for children
  549  and youth with special health care needs who are eligible for or
  550  are enrolled in Medicaid or the Children’s Health Insurance
  551  Program.
  552         (d)Provide ongoing consultation to the agency to ensure
  553  high-quality, family-centered, coordinated health services
  554  within an effective system of care for children and youth with
  555  special health care needs Participation by the Children’s
  556  Medical Services Network shall be pursuant to a single,
  557  statewide contract with the agency that is not subject to the
  558  procurement requirements or regional plan number limits of this
  559  section. The Children’s Medical Services Network must meet all
  560  other plan requirements for the managed medical assistance
  561  program.
  562         Section 26. Paragraph (f) of subsection (4) and paragraph
  563  (b) of subsection (5) of section 409.166, Florida Statutes, are
  564  amended to read:
  565         409.166 Children within the child welfare system; adoption
  566  assistance program.—
  567         (4) ADOPTION ASSISTANCE.—
  568         (f) The department may provide adoption assistance to the
  569  adoptive parents, subject to specific appropriation, for medical
  570  assistance initiated after the adoption of the child for
  571  medical, surgical, hospital, and related services needed as a
  572  result of a physical or mental condition of the child which
  573  existed before the adoption and is not covered by Medicaid,
  574  Children’s Medical Services, or Children’s Mental Health
  575  Services. Such assistance may be initiated at any time but must
  576  shall terminate on or before the child’s 18th birthday.
  577         (5) ELIGIBILITY FOR SERVICES.—
  578         (b) A child with special health care needs who is
  579  handicapped at the time of adoption shall be eligible for
  580  services through plans that serve children and youth with
  581  special health care needs under parts II and IV of this chapter
  582  the Children’s Medical Services network established under part I
  583  of chapter 391 if the child was eligible for such services prior
  584  to the adoption.
  585         Section 27. Subsection (7) of section 409.811, Florida
  586  Statutes, is amended to read:
  587         409.811 Definitions relating to Florida Kidcare Act.—As
  588  used in ss. 409.810-409.821, the term:
  589         (7) “Children’s Medical Services Managed Care Plan Network”
  590  or “plan network” means a statewide managed care service system
  591  as defined in s. 391.021 s. 391.021(1).
  592         Section 28. Subsection (1) of section 409.813, Florida
  593  Statutes, is amended to read:
  594         409.813 Health benefits coverage; program components;
  595  entitlement and nonentitlement.—
  596         (1) The Florida Kidcare program includes health benefits
  597  coverage provided to children through the following program
  598  components, which shall be marketed as the Florida Kidcare
  599  program:
  600         (a) Medicaid;
  601         (b) Medikids as created in s. 409.8132;
  602         (c) The Florida Healthy Kids Corporation as created in s.
  603  624.91;
  604         (d) Employer-sponsored group health insurance plans
  605  approved under ss. 409.810-409.821; and
  606         (e) Plans that serve children and youth with special health
  607  care needs under this part and part IV of this chapter The
  608  Children’s Medical Services network established in chapter 391.
  609         Section 29. Subsection (3) of section 409.8134, Florida
  610  Statutes, is amended to read:
  611         409.8134 Program expenditure ceiling; enrollment.—
  612         (3) Upon determination by the Social Services Estimating
  613  Conference that there are insufficient funds to finance the
  614  current enrollment in the Florida Kidcare program within current
  615  appropriations, the program shall initiate disenrollment
  616  procedures to remove enrollees, except those children enrolled
  617  in plans that serve children and youth with special health care
  618  needs under this part and part IV of this chapter the Children’s
  619  Medical Services Network, on a last-in, first-out basis until
  620  the expenditure and appropriation levels are balanced.
  621         Section 30. Subsection (3) and paragraph (c) of subsection
  622  (10) of section 409.814, Florida Statutes, are amended to read:
  623         409.814 Eligibility.—A child who has not reached 19 years
  624  of age whose family income is equal to or below 300 percent of
  625  the federal poverty level is eligible for the Florida Kidcare
  626  program as provided in this section. If an enrolled individual
  627  is determined to be ineligible for coverage, he or she must be
  628  immediately disenrolled from the respective Florida Kidcare
  629  program component.
  630         (3) A Title XXI-funded child who is eligible for the
  631  Florida Kidcare program who is a child with special health care
  632  needs, as determined through a medical or behavioral screening
  633  instrument, is eligible for health benefits coverage from and
  634  shall be assigned to and may opt out of plans that serve
  635  children and youth with special health care needs under this
  636  part and part IV of this chapter the Children’s Medical Services
  637  Network.
  638         (10) In determining the eligibility of a child, an assets
  639  test is not required. If eligibility for the Florida Kidcare
  640  program cannot be verified using reliable data sources in
  641  accordance with federal requirements, each applicant must shall
  642  provide documentation during the application process and the
  643  redetermination process, including, but not limited to, the
  644  following:
  645         (c) To enroll in plans that serve children and youth with
  646  special health care needs under this part and part IV of this
  647  chapter the Children’s Medical Services Network, a completed
  648  application, including a Children’s Medical Services clinical
  649  screening.
  650         Section 31. Paragraph (t) of subsection (2) of section
  651  409.815, Florida Statutes, is amended to read:
  652         409.815 Health benefits coverage; limitations.—
  653         (2) BENCHMARK BENEFITS.—In order for health benefits
  654  coverage to qualify for premium assistance payments for an
  655  eligible child under ss. 409.810-409.821, the health benefits
  656  coverage, except for coverage under Medicaid and Medikids, must
  657  include the following minimum benefits, as medically necessary.
  658         (t) Enhancements to minimum requirements.—
  659         1. This section sets the minimum benefits that must be
  660  included in any health benefits coverage, other than Medicaid or
  661  Medikids coverage, offered under ss. 409.810-409.821. Health
  662  benefits coverage may include additional benefits not included
  663  under this subsection, but may not include benefits excluded
  664  under paragraph (r).
  665         2. Health benefits coverage may extend any limitations
  666  beyond the minimum benefits described in this section.
  667  
  668  Except for plans that serve children and youth with special
  669  health care needs under this part and part IV of this chapter
  670  the Children’s Medical Services Network, the agency may not
  671  increase the premium assistance payment for either additional
  672  benefits provided beyond the minimum benefits described in this
  673  section or the imposition of less restrictive service
  674  limitations.
  675         Section 32. Paragraph (i) of subsection (1) of section
  676  409.8177, Florida Statutes, is amended to read:
  677         409.8177 Program evaluation.—
  678         (1) The agency, in consultation with the Department of
  679  Health, the Department of Children and Families, and the Florida
  680  Healthy Kids Corporation, shall contract for an evaluation of
  681  the Florida Kidcare program and shall by January 1 of each year
  682  submit to the Governor, the President of the Senate, and the
  683  Speaker of the House of Representatives a report of the program.
  684  In addition to the items specified under s. 2108 of Title XXI of
  685  the Social Security Act, the report shall include an assessment
  686  of crowd-out and access to health care, as well as the
  687  following:
  688         (i) An assessment of the effectiveness of the Florida
  689  Kidcare program, including Medicaid, the Florida Healthy Kids
  690  program, Medikids, and plans that serve children and youth with
  691  special health care needs under this part and part IV of this
  692  chapter the Children’s Medical Services network, and other
  693  public and private programs in this the state in increasing the
  694  availability of affordable quality health insurance and health
  695  care for children.
  696         Section 33. Subsection (4) of section 409.818, Florida
  697  Statutes, is amended to read:
  698         409.818 Administration.—In order to implement ss. 409.810
  699  409.821, the following agencies shall have the following duties:
  700         (4) The Office of Insurance Regulation shall certify that
  701  health benefits coverage plans that seek to provide services
  702  under the Florida Kidcare program, except those offered through
  703  the Florida Healthy Kids Corporation or the Children’s Medical
  704  Services Network, meet, exceed, or are actuarially equivalent to
  705  the benchmark benefit plan and that health insurance plans will
  706  be offered at an approved rate. In determining actuarial
  707  equivalence of benefits coverage, the Office of Insurance
  708  Regulation and health insurance plans must comply with the
  709  requirements of s. 2103 of Title XXI of the Social Security Act.
  710  The department shall adopt rules necessary for certifying health
  711  benefits coverage plans.
  712         Section 34. Subsection (11) of section 409.912, Florida
  713  Statutes, is amended to read:
  714         409.912 Cost-effective purchasing of health care.—The
  715  agency shall purchase goods and services for Medicaid recipients
  716  in the most cost-effective manner consistent with the delivery
  717  of quality medical care. To ensure that medical services are
  718  effectively utilized, the agency may, in any case, require a
  719  confirmation or second physician’s opinion of the correct
  720  diagnosis for purposes of authorizing future services under the
  721  Medicaid program. This section does not restrict access to
  722  emergency services or poststabilization care services as defined
  723  in 42 C.F.R. s. 438.114. Such confirmation or second opinion
  724  shall be rendered in a manner approved by the agency. The agency
  725  shall maximize the use of prepaid per capita and prepaid
  726  aggregate fixed-sum basis services when appropriate and other
  727  alternative service delivery and reimbursement methodologies,
  728  including competitive bidding pursuant to s. 287.057, designed
  729  to facilitate the cost-effective purchase of a case-managed
  730  continuum of care. The agency shall also require providers to
  731  minimize the exposure of recipients to the need for acute
  732  inpatient, custodial, and other institutional care and the
  733  inappropriate or unnecessary use of high-cost services. The
  734  agency shall contract with a vendor to monitor and evaluate the
  735  clinical practice patterns of providers in order to identify
  736  trends that are outside the normal practice patterns of a
  737  provider’s professional peers or the national guidelines of a
  738  provider’s professional association. The vendor must be able to
  739  provide information and counseling to a provider whose practice
  740  patterns are outside the norms, in consultation with the agency,
  741  to improve patient care and reduce inappropriate utilization.
  742  The agency may mandate prior authorization, drug therapy
  743  management, or disease management participation for certain
  744  populations of Medicaid beneficiaries, certain drug classes, or
  745  particular drugs to prevent fraud, abuse, overuse, and possible
  746  dangerous drug interactions. The Pharmaceutical and Therapeutics
  747  Committee shall make recommendations to the agency on drugs for
  748  which prior authorization is required. The agency shall inform
  749  the Pharmaceutical and Therapeutics Committee of its decisions
  750  regarding drugs subject to prior authorization. The agency is
  751  authorized to limit the entities it contracts with or enrolls as
  752  Medicaid providers by developing a provider network through
  753  provider credentialing. The agency may competitively bid single
  754  source-provider contracts if procurement of goods or services
  755  results in demonstrated cost savings to the state without
  756  limiting access to care. The agency may limit its network based
  757  on the assessment of beneficiary access to care, provider
  758  availability, provider quality standards, time and distance
  759  standards for access to care, the cultural competence of the
  760  provider network, demographic characteristics of Medicaid
  761  beneficiaries, practice and provider-to-beneficiary standards,
  762  appointment wait times, beneficiary use of services, provider
  763  turnover, provider profiling, provider licensure history,
  764  previous program integrity investigations and findings, peer
  765  review, provider Medicaid policy and billing compliance records,
  766  clinical and medical record audits, and other factors. Providers
  767  are not entitled to enrollment in the Medicaid provider network.
  768  The agency shall determine instances in which allowing Medicaid
  769  beneficiaries to purchase durable medical equipment and other
  770  goods is less expensive to the Medicaid program than long-term
  771  rental of the equipment or goods. The agency may establish rules
  772  to facilitate purchases in lieu of long-term rentals in order to
  773  protect against fraud and abuse in the Medicaid program as
  774  defined in s. 409.913. The agency may seek federal waivers
  775  necessary to administer these policies.
  776         (11) The agency shall implement a program of all-inclusive
  777  care for children. The program of all-inclusive care for
  778  children shall be established to provide in-home hospice-like
  779  support services to children diagnosed with a life-threatening
  780  illness and enrolled in plans that serve children and youth with
  781  special health care needs under parts II and IV of this chapter
  782  the Children’s Medical Services network to reduce
  783  hospitalizations as appropriate. The agency, in consultation
  784  with the Department of Health, may implement the program of all
  785  inclusive care for children after obtaining approval from the
  786  Centers for Medicare and Medicaid Services.
  787         Section 35. Subsection (1) of section 409.9126, Florida
  788  Statutes, is amended to read:
  789         409.9126 Children with special health care needs.—
  790         (1) Except as provided in subsection (4), children eligible
  791  for the Children’s Medical Services program who receive Medicaid
  792  benefits, and other Medicaid-eligible children with special
  793  health care needs, are shall be exempt from the provisions of s.
  794  409.9122 and shall be served through the Children’s Medical
  795  Services network established in chapter 391.
  796         Section 36. Paragraph (a) of subsection (5) of section
  797  409.9131, Florida Statutes, is amended to read:
  798         409.9131 Special provisions relating to integrity of the
  799  Medicaid program.—
  800         (5) DETERMINATIONS OF OVERPAYMENT.—In making a
  801  determination of overpayment to a physician, the agency must:
  802         (a) Use accepted and valid auditing, accounting,
  803  analytical, statistical, or peer-review methods, or combinations
  804  thereof. Appropriate statistical methods may include, but are
  805  not limited to, sampling and extension to the population,
  806  parametric and nonparametric statistics, tests of hypotheses,
  807  other generally accepted statistical methods, review of medical
  808  records, and a consideration of the physician’s client case mix.
  809  Before performing a review of the physician’s Medicaid records,
  810  however, the agency shall make every effort to consider the
  811  physician’s patient case mix, including, but not limited to,
  812  patient age and whether individual patients are clients of the
  813  Children’s Medical Services Network established in chapter 391.
  814  In meeting its burden of proof in any administrative or court
  815  proceeding, the agency may introduce the results of such
  816  statistical methods and its other audit findings as evidence of
  817  overpayment.
  818         Section 37. Paragraph (e) of subsection (1) of section
  819  409.920, Florida Statutes, is amended to read:
  820         409.920 Medicaid provider fraud.—
  821         (1) For the purposes of this section, the term:
  822         (e) “Managed care plans” means a health insurer authorized
  823  under chapter 624, an exclusive provider organization authorized
  824  under chapter 627, a health maintenance organization authorized
  825  under chapter 641, the Children’s Medical Services Network
  826  authorized under chapter 391, a prepaid health plan authorized
  827  under this chapter, a provider service network authorized under
  828  this chapter, a minority physician network authorized under this
  829  chapter, and an emergency department diversion program
  830  authorized under this chapter or the General Appropriations Act,
  831  providing health care services pursuant to a contract with the
  832  Medicaid program.
  833         Section 38. Subsection (7) of section 409.962, Florida
  834  Statutes, is amended to read:
  835         409.962 Definitions.—As used in this part, except as
  836  otherwise specifically provided, the term:
  837         (7) “Eligible plan” means a health insurer authorized under
  838  chapter 624, an exclusive provider organization authorized under
  839  chapter 627, a health maintenance organization authorized under
  840  chapter 641, or a provider service network authorized under s.
  841  409.912(1) or an accountable care organization authorized under
  842  federal law. For purposes of the managed medical assistance
  843  program, the term also includes the Children’s Medical Services
  844  Network authorized under chapter 391 and entities qualified
  845  under 42 C.F.R. part 422 as Medicare Advantage Preferred
  846  Provider Organizations, Medicare Advantage Provider-sponsored
  847  Organizations, Medicare Advantage Health Maintenance
  848  Organizations, Medicare Advantage Coordinated Care Plans, and
  849  Medicare Advantage Special Needs Plans, and the Program of All
  850  inclusive Care for the Elderly.
  851         Section 39. Except as otherwise expressly provided in this
  852  act, this act shall take effect July 1, 2024.