Florida Senate - 2025                                     SB 968
       
       
        
       By Senator Davis
       
       
       
       
       
       5-01187-25                                             2025968__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid presumptive eligibility
    3         for pregnant women; creating s. 409.9026, F.S.;
    4         creating a pilot program to provide temporary Medicaid
    5         coverage to pregnant women who are presumptively
    6         eligible for Medicaid; defining terms; authorizing the
    7         Agency for Health Care Administration to approve
    8         certain entities to serve as qualified presumptive
    9         eligibility locations under the pilot program;
   10         providing application requirements; requiring the
   11         agency to prioritize the approval of qualified
   12         entities located in underserved areas of this state;
   13         specifying duties of qualified entities; requiring
   14         qualified entities to provide written notice of their
   15         determinations to applicants within a specified
   16         timeframe; providing requirements for the notice;
   17         specifying performance standards qualified entities
   18         are required to meet each year to continue
   19         participating in the pilot program; specifying the
   20         timeframe of the presumptive eligibility period for
   21         temporary Medicaid coverage under the pilot program;
   22         requiring the agency to implement certain procedures
   23         that allow for the seamless transition from temporary
   24         Medicaid coverage under the pilot program to
   25         enrollment for full Medicaid benefits; requiring the
   26         agency, in collaboration with the Department of
   27         Health, to implement an outreach program for specified
   28         purposes; requiring the agency, by a specified date,
   29         to seek federal approval to implement the pilot
   30         program; requiring the agency to implement the pilot
   31         program within a specified timeframe after receiving
   32         such federal approval; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 409.9026, Florida Statutes, is created
   37  to read:
   38         409.9026 Presumptive eligibility for pregnant women.—To
   39  increase access to necessary prenatal care for pregnant women in
   40  underserved areas of this state, there is established a 10-year
   41  pilot program to expand the availability of Medicaid presumptive
   42  eligibility locations and coverage for pregnant women.
   43         (1)DEFINITIONS.—As used in this section, the term:
   44         (a)“Eligible individual” means a pregnant woman who has
   45  not yet been deemed eligible for Medicaid but, based on the
   46  preliminary personal information disclosed by the woman, is
   47  likely to meet the eligibility requirements of the state
   48  Medicaid program, including the requirements related to
   49  citizenship and residency status and income.
   50         (b)“Presumptive eligibility” means temporary Medicaid
   51  coverage provided to individuals who are likely to be eligible
   52  for the state Medicaid program, to ensure timely access to care
   53  while a final eligibility determination is made.
   54         (c)“Qualified entity” means a Medicaid provider or other
   55  entity that has been approved by the agency to make presumptive
   56  eligibility determinations in accordance with the state Medicaid
   57  program requirements.
   58         (2)QUALIFIED ENTITIES; DUTIES; NOTICE; PERFORMANCE
   59  STANDARDS.—In addition to existing qualified hospitals, the
   60  agency may approve community health centers, county health
   61  departments, birth centers, nonprofit organizations, and other
   62  health care facilities that are Medicaid providers to serve as
   63  qualified presumptive eligibility locations under the pilot
   64  program. To qualify, the entity must apply to the agency in a
   65  manner specified by agency rule. The agency shall prioritize the
   66  approval of entities located in underserved areas of this state.
   67         (a)Qualified entities shall ensure that:
   68         1.Employees making the presumptive eligibility
   69  determinations have met the training certification requirements
   70  set by the agency;
   71         2.Presumptive eligibility determinations are made only by
   72  employees, not independent contractors or any other third-party
   73  vendor, who have received the required training certification;
   74         3.Presumptive eligibility determinations are made in
   75  accordance with the state Medicaid program requirements; and
   76         4.Staff are available to assist eligible individuals with
   77  their submission of applications for full Medicaid benefits.
   78         (b)Qualified entities shall provide written notice of
   79  their presumptive eligibility determinations to applicants
   80  within 10 days after making the determination.
   81         1.If an applicant is determined to be presumptively
   82  eligible, the notice must include all of the following:
   83         a.The date the presumptive eligibility period begins.
   84         b.An explanation that an application for full Medicaid
   85  benefits must be filed before the presumptive eligibility period
   86  ends or there may be a gap in coverage for the individual.
   87         c.Notification that the presumptive eligibility period
   88  ends 180 days after it begins or when an application for full
   89  Medicaid benefits is acted upon by the agency, whichever occurs
   90  earlier.
   91         2.If the applicant is determined not to be presumptively
   92  eligible, the notice must include all of the following:
   93         a.The reason the individual was not deemed eligible.
   94         b.Notification that the individual still has the option to
   95  submit an application for full Medicaid benefits.
   96         (c)Qualified entities shall assist eligible individuals
   97  with completing and submitting an application for full Medicaid
   98  benefits, whether by paper application or through online or
   99  phone applications. For paper applications, the qualified entity
  100  shall provide the eligible individual with the proper mailing
  101  address or fax number to submit the application.
  102         (d)Qualified entities are required to meet the following
  103  performance standards each year in order to continue
  104  participating as a qualified entity under the pilot program:
  105         1.An average of 90 percent of individuals the qualified
  106  entity determines to be presumptively eligible submitted an
  107  application for full Medicaid benefits before the end of the
  108  presumptive eligibility period.
  109         2.On average, individuals submitted applications for full
  110  Medicaid benefits within 10 days of being determined to be
  111  presumptively eligible.
  112         3.An average of 90 percent of individuals who submitted an
  113  application for full Medicaid benefits before the end of the
  114  presumptive eligibility period were ultimately deemed eligible
  115  for full Medicaid benefits.
  116         (3)PRESUMPTIVE ELIGIBILITY PERIOD.—The presumptive
  117  eligibility period for temporary Medicaid coverage under the
  118  pilot program begins on the date a qualified entity determines
  119  an eligible individual to be presumptively eligible and ends 180
  120  days later or on the date the eligible individual is deemed
  121  eligible for full Medicaid benefits, whichever occurs earlier.
  122         (4)STREAMLINING BENEFIT ENROLLMENT.—The agency shall
  123  implement procedures that allow pregnant women to transition
  124  seamlessly from presumptive eligibility coverage under the pilot
  125  program to full Medicaid enrollment without any loss of
  126  coverage. The agency shall update all existing technology
  127  platforms and applications used for Medicaid enrollment to
  128  incorporate pregnant women receiving temporary Medicaid coverage
  129  under the pilot program and to allow for their transition to
  130  full Medicaid benefits automatically once the agency deems them
  131  eligible.
  132         (5)COMMUNITY OUTREACH.—The agency, in collaboration with
  133  the Department of Health, may implement an outreach program to
  134  encourage entities to serve as qualified presumptive eligibility
  135  locations under the pilot program; facilitate the required
  136  training certification for employees of qualified entities; and
  137  partner with community organizations to create public awareness
  138  about the pilot program.
  139         (6)FEDERAL APPROVAL; IMPLEMENTATION.—By October 1, 2025,
  140  the agency shall seek federal approval through a Medicaid waiver
  141  or state plan amendment to implement the pilot program. The
  142  agency shall implement the program 30 days after receiving
  143  federal approval.
  144         Section 2. This act shall take effect July 1, 2025.