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.