April 10, 2020
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HB 1073CS

CHAMBER ACTION




1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida KidCare program; amending
7s. 409.811, F.S.; defining the term "Florida KidCare
8program"; deleting a definition to conform; amending s.
9409.8132, F.S.; limiting when an applicant may apply for
10Medikids program enrollment; deleting a special enrollment
11period provision; amending s. 409.8134, F.S.; eliminating
12the Agency for Health Care Administration's ability to
13request an increase in the Florida KidCare program
14enrollment ceiling; providing for open enrollment periods;
15providing a timeframe for statewide announcement of open
16enrollment periods; providing limitations; providing a
17disenrollment process under certain circumstances;
18providing additional data for certain agencies to collect
19and analyze; amending s. 409.814, F.S.; revising Florida
20KidCare program eligibility criteria; limiting coverage;
21providing an exception for certain children otherwise
22eligible or covered under a family member's employer
23health coverage; restricting enrollment of children whose
24coverage was voluntarily canceled; providing an age
25limitation for certain components; requiring certain
26transfers to be managed within authorized levels of
27funding; requiring certain reserves to be established and
28reviewed; requiring each applicant to provide certain
29documentation; requiring the program to withhold benefits
30from certain enrollees; providing additional fraudulent
31activities; amending s. 409.815, F.S.; making dental
32services contingent upon an annual appropriation; amending
33s. 624.91, F.S.; removing the requirement for the Florida
34Healthy Kids Corporation to work with the Florida
35Partnership for School Readiness; limiting eligibility for
36state-funded assistance in paying Florida Healthy Kids
37premiums; providing for future repeal of certain
38provisions; providing additional criteria for the
39corporation to determine eligibility; eliminating
40authority to establish an open enrollment period; revising
41the corporation's purchasing criteria; removing a
42restriction; eliminating authority to contract with
43certain entities; eliminating authority to establish a
44maximum number of participants; eliminating authority to
45establish eligibility criteria or premium and cost-sharing
46requirements; providing that contracted insurers are the
47payors of last resort; requiring contracted insurers to
48coordinate benefits with certain payors; requiring the
49Auditor General to provide recommendations to prevent
50enrollment of ineligible children in the Florida KidCare
51program and report such recommendations to the Governor
52and Legislature; requiring the Florida Healthy Kids
53Corporation to use certain funds to contract for an
54actuarial study; requiring the Auditor General to perform
55audits to ensure the eligibility of children enrolled in
56the Florida Healthy Kids program; authorizing the Auditor
57General to require and receive any books, accounts,
58records, or other documentation relating to the Florida
59Healthy Kids Corporation; requiring the Office of Program
60Policy Analysis and Government Accountability to perform a
61study to determine the appropriate family premium for the
62Florida KidCare program and report its findings to the
63Legislature; amending s. 409.818, F.S.; deleting a cross
64reference; repealing s. 409.819, F.S., relating to a
65program identifying low-income, uninsured children for
66certain purposes; providing appropriations; providing
67effective dates.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Subsections (14) through (22) of section
72409.811, Florida Statutes, are renumbered as subsections (15)
73through (23), respectively, present subsection (23) of said
74section is amended, and a new subsection (14) is added to said
75section, to read:
76     409.811  Definitions relating to Florida KidCare Kidcare
77Act.--As used in ss. 409.810-409.820, the term:
78     (14)  "Florida KidCare program," "KidCare program," or
79"program" means the health benefits program administered through
80ss. 409.810-409.820.
81     (23)  "Program" means the Florida Kidcare program, the
82medical assistance program authorized by Title XXI of the Social
83Security Act as part of the federal Balanced Budget Act of 1997.
84     Section 2.  Subsections (7), (8), and (9) of section
85409.8132, Florida Statutes, are amended to read:
86     409.8132  Medikids program component.--
87     (7)  ENROLLMENT.--Enrollment in the Medikids program
88component may only occur during periodic open enrollment periods
89as specified in s. 409.8134 by the agency. An applicant may
90apply for enrollment in the Medikids program component and
91proceed through the eligibility determination process at any
92time throughout the year. However, enrollment in Medikids shall
93not begin until the next open enrollment period; and A child may
94not receive services under the Medikids program until the child
95is enrolled in a managed care plan or MediPass. In addition,
96Once determined eligible, an applicant may receive choice
97counseling and select a managed care plan or MediPass. The
98agency may initiate mandatory assignment for a Medikids
99applicant who has not chosen a managed care plan or MediPass
100provider after the applicant's voluntary choice period ends. An
101applicant may select MediPass under the Medikids program
102component only in counties that have fewer than two managed care
103plans available to serve Medicaid recipients and only if the
104federal Health Care Financing Administration determines that
105MediPass constitutes "health insurance coverage" as defined in
106Title XXI of the Social Security Act.
107     (8)  SPECIAL ENROLLMENT PERIODS.--The agency shall
108establish a special enrollment period of 30 days' duration for
109any child who is enrolled in Medicaid if such child loses
110Medicaid eligibility and becomes eligible for Medikids, or for
111any child who is enrolled in Medikids if such child moves to
112another county that is not within the coverage area of the
113child's Medikids managed care plan or MediPass provider.
114     (8)(9)  PENALTIES FOR VOLUNTARY CANCELLATION.--The agency
115shall establish enrollment criteria that must include penalties
116or waiting periods of not fewer than 60 days for reinstatement
117of coverage upon voluntary cancellation for nonpayment of
118premiums.
119     Section 3.  Section 409.8134, Florida Statutes, is amended
120to read:
121     409.8134  Program enrollment and expenditure ceilings.--
122     (1)  Except for the Medicaid program, a ceiling shall be
123placed on annual federal and state expenditures and on
124enrollment in the Florida KidCare Kidcare program as provided
125each year in the General Appropriations Act. The agency, in
126consultation with the Department of Health, may propose to
127increase the enrollment ceiling in accordance with chapter 216.
128     (2)  Upon a unanimous recommendation by representatives
129from each of the four Florida KidCare administrators, the
130Florida KidCare program may conduct an open enrollment period
131for the purpose of enrolling children eligible for all program
132components listed in s. 409.813 except Medicaid. The four
133Florida KidCare administrators shall work together to ensure
134that the open enrollment period is announced statewide at least
1351 month before the open enrollment is to begin. Eligible
136children shall be enrolled on a first-come, first-served basis
137using the date the open enrollment application is received. Open
138enrollment shall immediately cease when the enrollment ceiling
139is reached. An open enrollment shall be held only if the Social
140Services Estimating Conference determines that sufficient funds
141have been appropriated to finance increased enrollment through
142federal fiscal year 2007. Any individual who is not enrolled,
143including those added to the waiting list after January 30,
1442004, must reapply by submitting a new application during the
145next open enrollment period Except for the Medicaid program,
146whenever the Social Services Estimating Conference determines
147that there is presently, or will be by the end of the current
148fiscal year, insufficient funds to finance the current or
149projected enrollment in the Florida Kidcare program, all
150additional enrollment must cease and additional enrollment may
151not resume until sufficient funds are available to finance such
152enrollment.
153     (3)  Upon determination by the Social Services Estimating
154Conference that there are insufficient funds to finance the
155current enrollment in the Florida KidCare program within current
156appropriations, the program shall initiate disenrollment
157procedures to remove enrollees, except those children enrolled
158in the Children's Medical Services network, on a last-in, first-
159out basis until the expenditure and appropriation levels are
160balanced.
161     (4)(3)  The agencies that administer the Florida KidCare
162Kidcare program components shall collect and analyze the data
163needed to project Florida Kidcare program enrollment costs,
164including price level adjustments outreach impacts,
165participation and attrition rates, current and projected
166caseloads, utilization, and current and projected expenditures
167for the next 3 years. The agencies shall report the caseload and
168expenditure trends to the Social Services Estimating Conference
169in accordance with chapter 216.
170     Section 4.  Effective July 1, 2004, section 409.814,
171Florida Statutes, is amended to read:
172     409.814  Eligibility.--A child who has not reached 19 years
173of age whose family income is equal to or below 200 percent of
174the federal poverty level is eligible for the Florida KidCare
175Kidcare program as provided in this section. In determining the
176eligibility of such a child, an assets test is not required. An
177applicant under 19 years of age who, based on a complete
178application, appears to be eligible for the Medicaid component
179of the Florida Kidcare program is presumed eligible for coverage
180under Medicaid, subject to federal rules. A child who has been
181deemed presumptively eligible for Medicaid shall not be enrolled
182in a managed care plan until the child's full eligibility
183determination for Medicaid has been completed. The Florida
184Healthy Kids Corporation may, subject to compliance with
185applicable requirements of the Agency for Health Care
186Administration and the Department of Children and Family
187Services, be designated as an entity to conduct presumptive
188eligibility determinations. An applicant under 19 years of age
189who, based on a complete application, appears to be eligible for
190the Medikids, Florida Healthy Kids, or Children's Medical
191Services network program component, who is screened as
192ineligible for Medicaid and prior to the monthly verification of
193the applicant's enrollment in Medicaid or of eligibility for
194coverage under the state employee health benefit plan, may be
195enrolled in and begin receiving coverage from the appropriate
196program component on the first day of the month following the
197receipt of a completed application. For enrollment in the
198Children's Medical Services network, a complete application
199includes the medical or behavioral health screening. If,
200subsequently after verification, an individual is determined to
201be ineligible for coverage, he or she must immediately be
202disenrolled from the respective Florida KidCare Title XXI-funded
203Kidcare program component.
204     (1)  A child who is eligible for Medicaid coverage under s.
205409.903 or s. 409.904 must be enrolled in Medicaid and is not
206eligible to receive health benefits under any other health
207benefits coverage authorized under the Florida KidCare program
208ss. 409.810-409.820.
209     (2)  A child who is not eligible for Medicaid, but who is
210eligible for the Florida KidCare Kidcare program, may obtain
211health benefits coverage under any of the other components
212listed in s. 409.813 types of health benefits coverage
213authorized in ss. 409.810-409.820 if such coverage is approved
214and available in the county in which the child resides. However,
215a child who is eligible for Medikids may participate in the
216Florida Healthy Kids program only if the child has a sibling
217participating in the Florida Healthy Kids program and the
218child's county of residence permits such enrollment.
219     (3)  A child who is eligible for the Florida KidCare
220Kidcare program who is a child with special health care needs,
221as determined through a medical or behavioral screening
222instrument, is eligible for health benefits coverage from and
223shall be referred to the Children's Medical Services network.
224     (4)  The following children are not eligible to receive
225premium assistance for health benefits coverage under the
226Florida KidCare program ss. 409.810-409.820, except under
227Medicaid if the child would have been eligible for Medicaid
228under s. 409.903 or s. 409.904 as of June 1, 1997:
229     (a)  A child who is eligible for coverage under a state
230health benefit plan on the basis of a family member's employment
231with a public agency in the state.
232     (b)  A child who is currently eligible for or covered under
233a family member's group health benefit plan or under other
234employer health insurance coverage, excluding coverage provided
235under the Florida Healthy Kids Corporation as established under
236s. 624.91, provided that the cost of the child's participation
237is not greater than 7.5 percent of the family's income. This
238provision shall be applied during redetermination for children
239who were enrolled prior to July 1, 2004. These enrollees shall
240have 6 months of eligibility following redetermination to allow
241for a transition to the other health benefit plan.
242     (c)  A child who is seeking premium assistance for the
243Florida KidCare program through employer-sponsored group
244coverage, if the child has been covered by the same employer's
245group coverage during the 6 months prior to the family's
246submitting an application for determination of eligibility under
247the Florida Kidcare program.
248     (d)  A child who is an alien, but who does not meet the
249definition of qualified alien, in the United States.
250     (e)  A child who is an inmate of a public institution or a
251patient in an institution for mental diseases.
252     (f)  A child who has had his or her coverage in an
253employer-sponsored health benefit plan voluntarily canceled in
254the last 6 months, except those children who were on the waiting
255list prior to January 31, 2004.
256     (5)  A child whose family income is above 200 percent of
257the federal poverty level or a child who is excluded under the
258provisions of subsection (4) may participate in the Florida
259KidCare Kidcare program, excluding the Medicaid program, but is
260subject to the following provisions:
261     (a)  The family is not eligible for premium assistance
262payments and must pay the full cost of the premium, including
263any administrative costs.
264     (b)  The agency is authorized to place limits on enrollment
265in Medikids by these children in order to avoid adverse
266selection. The number of children participating in Medikids
267whose family income exceeds 200 percent of the federal poverty
268level must not exceed 10 percent of total enrollees in the
269Medikids program.
270     (c)  The board of directors of the Florida Healthy Kids
271Corporation is authorized to place limits on enrollment of these
272children in order to avoid adverse selection. In addition, the
273board is authorized to offer a reduced benefit package to these
274children in order to limit program costs for such families. The
275number of children participating in the Florida Healthy Kids
276program whose family income exceeds 200 percent of the federal
277poverty level must not exceed 10 percent of total enrollees in
278the Florida Healthy Kids program.
279     (d)  Children described in this subsection are not counted
280in the annual enrollment ceiling for the Florida KidCare Kidcare
281program.
282     (6)  Once a child is enrolled in the Florida KidCare
283Kidcare program, the child is eligible for coverage under the
284program for 6 months without a redetermination or reverification
285of eligibility, if the family continues to pay the applicable
286premium. Eligibility for program components funded through Title
287XXI of the Social Security Act shall terminate when a child
288attains the age of 19. Effective January 1, 1999, a child who
289has not attained the age of 5 and who has been determined
290eligible for the Medicaid program is eligible for coverage for
29112 months without a redetermination or reverification of
292eligibility.
293     (7)  When determining or reviewing a child's eligibility
294under the Florida KidCare program, the applicant shall be
295provided with reasonable notice of changes in eligibility which
296may affect enrollment in one or more of the program components.
297When a transition from one program component to another is
298authorized appropriate, there shall be cooperation between the
299program components and the affected family which promotes
300continuity of health care coverage. Any authorized transfers
301must be managed within the program's overall appropriated or
302authorized levels of funding. Each component of the program
303shall establish a reserve to ensure that transfers between
304components will be accomplished within current year
305appropriations. These reserves shall be reviewed by each
306convening of the Social Services Estimating Conference to
307determine the adequacy of such reserves to meet actual
308experience.
309     (8)  In determining the eligibility of a child, an assets
310test is not required. Each applicant shall provide written
311documentation during the application process and the
312redetermination process, including, but not limited to, the
313following:
314     (a)  Proof of family income.
315     (b)  A statement from all employers of family members that:
316     1.  The employer does not sponsor a health benefit plan for
317employees; or
318     2.  The potential enrollee is not covered by the employer-
319sponsored health benefit plan because the potential enrollee is
320not eligible for coverage, or, if the potential enrollee is
321eligible but not covered, a statement of the cost to enroll the
322potential enrollee in the employer-sponsored health benefit
323plan.
324     (9)  Subject to paragraph (4)(b) and s. 624.91(3), the
325Florida KidCare program shall withhold benefits from an enrollee
326if the program obtains evidence that the enrollee is no longer
327eligible, submitted incorrect or fraudulent information in order
328to establish eligibility, or failed to provide verification of
329eligibility. The applicant or enrollee shall be notified that
330because of such evidence program benefits will be withheld
331unless the applicant or enrollee contacts a designated
332representative of the program by a specified date, which must be
333within 10 days after the date of notice, to discuss and resolve
334the matter. The program shall make every effort to resolve the
335matter within a timeframe that will not cause benefits to be
336withheld from an eligible enrollee.
337     (10)  The following individuals may be subject to
338prosecution in accordance with s. 414.39:
339(a)  An applicant obtaining or attempting to obtain
340benefits for a potential enrollee under the Florida KidCare
341program when the applicant knows or should have known the
342potential enrollee does not qualify for the Florida KidCare
343program.
344     (b)  An individual who assists an applicant in obtaining or
345attempting to obtain benefits for a potential enrollee under the
346Florida KidCare program when the individual knows or should have
347known the potential enrollee does not qualify for the Florida
348KidCare program.
349     Section 5.  Paragraph (q) of subsection (2) of section
350409.815, Florida Statutes, is amended to read:
351     409.815  Health benefits coverage; limitations.--
352     (2)  BENCHMARK BENEFITS.--In order for health benefits
353coverage to qualify for premium assistance payments for an
354eligible child under ss. 409.810-409.820, the health benefits
355coverage, except for coverage under Medicaid and Medikids, must
356include the following minimum benefits, as medically necessary.
357     (q)  Dental services.--Covered services may include those
358dental services provided to children by the Florida Medicaid
359program under s. 409.906(5), contingent upon an annual
360appropriation in the General Appropriations Act up to a maximum
361benefit of $750 per enrollee per year.
362     Section 6.  Subsections (3) through (7) of section 624.91,
363Florida Statutes, are renumbered as subsections (4) through (8),
364respectively, present subsections (2) and (4) of said section
365are amended, and a new subsection (3) is added to said section,
366to read:
367     624.91  The Florida Healthy Kids Corporation Act.--
368     (2)  LEGISLATIVE INTENT.--
369     (a)  The Legislature finds that increased access to health
370care services could improve children's health and reduce the
371incidence and costs of childhood illness and disabilities among
372children in this state. Many children do not have comprehensive,
373affordable health care services available. It is the intent of
374the Legislature that the Florida Healthy Kids Corporation
375provide comprehensive health insurance coverage to such
376children. The corporation is encouraged to cooperate with any
377existing health service programs funded by the public or the
378private sector and to work cooperatively with the Florida
379Partnership for School Readiness.
380     (b)  It is the intent of the Legislature that the Florida
381Healthy Kids Corporation serve as one of several providers of
382services to children eligible for medical assistance under Title
383XXI of the Social Security Act. Although the corporation may
384serve other children, the Legislature intends the primary
385recipients of services provided through the corporation be
386school-age children with a family income below 200 percent of
387the federal poverty level, who do not qualify for Medicaid. It
388is also the intent of the Legislature that state and local
389government Florida Healthy Kids funds be used to continue and
390expand coverage, subject to specific appropriations in the
391General Appropriations Act, to children not eligible for federal
392matching funds under Title XXI.
393     (3)  ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.-?Only the
394following individuals are eligible for state-funded assistance
395in paying Florida Healthy Kids premiums:
396     (a)  Residents of this state who are eligible for the
397Florida KidCare program pursuant to s. 409.814.
398     (b)  Notwithstanding s. 409.814, legal aliens who are
399enrolled in the Florida Healthy Kids program as of January 31,
4002004, who do not qualify for Title XXI federal funds because
401they are not qualified aliens as defined in s. 409.811.
402     (c)  Notwithstanding s. 409.814, individuals who have
403attained the age of 19 as of March 31, 2004, who were receiving
404Florida Healthy Kids benefits prior to the enactment of the
405Florida KidCare program. This paragraph shall be repealed March
40631, 2005.
407     (d)  Notwithstanding s. 409.814, state employee dependents
408who were enrolled in the Florida Healthy Kids program as of
409January 31, 2004. Such individuals shall remain eligible until
410January 1, 2005.
411     (5)(4)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
412     (a)  There is created the Florida Healthy Kids Corporation,
413a not-for-profit corporation.
414     (b)  The Florida Healthy Kids Corporation shall:
415     1.  Arrange for the collection of any family, local
416contributions, or employer payment or premium, in an amount to
417be determined by the board of directors, to provide for payment
418of premiums for comprehensive insurance coverage and for the
419actual or estimated administrative expenses.;
420     2.  Arrange for the collection of any voluntary
421contributions to provide for payment of premiums for children
422who are not eligible for medical assistance under Title XXI of
423the Social Security Act. Each fiscal year, the corporation shall
424establish a local match policy for the enrollment of non-Title-
425XXI-eligible children in the Healthy Kids program. By May 1 of
426each year, the corporation shall provide written notification of
427the amount to be remitted to the corporation for the following
428fiscal year under that policy. Local match sources may include,
429but are not limited to, funds provided by municipalities,
430counties, school boards, hospitals, health care providers,
431charitable organizations, special taxing districts, and private
432organizations. The minimum local match cash contributions
433required each fiscal year and local match credits shall be
434determined by the General Appropriations Act. The corporation
435shall calculate a county's local match rate based upon that
436county's percentage of the state's total non-Title-XXI
437expenditures as reported in the corporation's most recently
438audited financial statement. In awarding the local match
439credits, the corporation may consider factors including, but not
440limited to, population density, per capita income, and existing
441child-health-related expenditures and services.;
442     3.  Subject to the provisions of s. 409.8134, accept
443voluntary supplemental local match contributions that comply
444with the requirements of Title XXI of the Social Security Act
445for the purpose of providing additional coverage in contributing
446counties under Title XXI.;
447     4.  Establish the administrative and accounting procedures
448for the operation of the corporation.;
449     5.  Establish, with consultation from appropriate
450professional organizations, standards for preventive health
451services and providers and comprehensive insurance benefits
452appropriate to children,; provided that such standards for rural
453areas shall not limit primary care providers to board-certified
454pediatricians.;
455     6.  Determine Establish eligibility for criteria which
456children seeking must meet in order to participate in the Title
457XXI-funded components of the Florida KidCare program consistent
458with the requirements specified in s. 409.814, as well as the
459non-Title-XXI-eligible children as provided in subsection (3).;
460     7.  Establish procedures under which providers of local
461match to, applicants to and participants in the program may have
462grievances reviewed by an impartial body and reported to the
463board of directors of the corporation.;
464     8.  Establish participation criteria and, if appropriate,
465contract with an authorized insurer, health maintenance
466organization, or third-party insurance administrator to provide
467administrative services to the corporation.;
468     9.  Establish enrollment criteria which shall include
469penalties or waiting periods of not fewer than 60 days for
470reinstatement of coverage upon voluntary cancellation for
471nonpayment of family premiums.;
472     10.  If a space is available, establish a special open
473enrollment period of 30 days' duration for any child who is
474enrolled in Medicaid or Medikids if such child loses Medicaid or
475Medikids eligibility and becomes eligible for the Florida
476Healthy Kids program;
477     10.11.  Contract with authorized insurers or any provider
478of health care services, meeting standards established by the
479corporation, for the provision of comprehensive insurance
480coverage to participants. Such standards shall include criteria
481under which the corporation may contract with more than one
482provider of health care services in program sites. Health plans
483shall be selected through a competitive bid process. The Florida
484Healthy Kids Corporation shall purchase goods and services in
485the most cost-effective manner consistent with the delivery of
486quality medical care. The maximum administrative cost for a
487Florida Healthy Kids Corporation contract shall be 15 percent.
488The minimum medical loss ratio for a Florida Healthy Kids
489Corporation contract shall be 85 percent. The selection of
490health plans shall be based primarily on quality criteria
491established by the board. The health plan selection criteria and
492scoring system, and the scoring results, shall be available upon
493request for inspection after the bids have been awarded.;
494     11.12.  Establish disenrollment criteria in the event local
495matching funds are insufficient to cover enrollments.;
496     12.13.  Develop and implement a plan to publicize the
497Florida Healthy Kids Corporation, the eligibility requirements
498of the program, and the procedures for enrollment in the program
499and to maintain public awareness of the corporation and the
500program.;
501     13.14.  Secure staff necessary to properly administer the
502corporation. Staff costs shall be funded from state and local
503matching funds and such other private or public funds as become
504available. The board of directors shall determine the number of
505staff members necessary to administer the corporation.;
506     15.  As appropriate, enter into contracts with local school
507boards or other agencies to provide onsite information,
508enrollment, and other services necessary to the operation of the
509corporation;
510     14.16.  Provide a report annually to the Governor, Chief
511Financial Officer, Commissioner of Education, Senate President,
512Speaker of the House of Representatives, and Minority Leaders of
513the Senate and the House of Representatives.;
514     17.  Each fiscal year, establish a maximum number of
515participants, on a statewide basis, who may enroll in the
516program; and
517     15.18.  Establish eligibility criteria, premium and cost-
518sharing requirements, and benefit packages which conform to the
519provisions of the Florida KidCare Kidcare program, as created in
520ss. 409.810-409.820.
521     (c)  Coverage under the corporation's program is secondary
522to any other available private coverage held by, or applicable
523to, the participant child or family member. Insurers under
524contract with the corporation are the payors of last resort and
525must coordinate benefits with any other third-party payor that
526may be liable for the participant's medical care The corporation
527may establish procedures for coordinating benefits under this
528program with benefits under other public and private coverage.
529     (d)  The Florida Healthy Kids Corporation shall be a
530private corporation not for profit, organized pursuant to
531chapter 617, and shall have all powers necessary to carry out
532the purposes of this act, including, but not limited to, the
533power to receive and accept grants, loans, or advances of funds
534from any public or private agency and to receive and accept from
535any source contributions of money, property, labor, or any other
536thing of value, to be held, used, and applied for the purposes
537of this act.
538     Section 7.  The Auditor General shall provide
539recommendations to implement mechanisms to prevent enrollment of
540children in the Florida KidCare program who are ineligible
541pursuant to the requirements of s. 409.814(4), Florida Statutes.
542Such recommendations shall be reported to the Governor, the
543President of the Senate, and the Speaker of the House of
544Representatives by March 1, 2005.
545     Section 8.  The Florida Healthy Kids Corporation shall use
546existing funds from their operating fund established by s.
547624.915, Florida Statutes, to contract for an actuarial study on
548the impact of full-pay enrollees on the cost of services for
549each Florida KidCare program component.
550     Section 9.  The Auditor General shall perform periodic
551audits through the 2005-2006 fiscal year to ensure that children
552enrolled in the Florida Healthy Kids program are eligible
553pursuant to ss. 409.814 and 624.91, Florida Statutes. The
554Auditor General shall have the authority to require and receive
555from the Florida Healthy Kids Corporation or from its
556independent auditor any books, accounts, records, or other
557documentation relating to the corporation. Any contract entered
558into by the corporation pursuant to s. 624.91(4)(b)11. or s.
559624.91(4)(b)15., Florida Statutes, shall specify that the
560records of the contractor relating to the contract or its
561performance must be available for review and audit by the
562Auditor General.
563     Section 10.  The Office of Program Policy Analysis and
564Government Accountability shall perform a study to determine the
565appropriate family premium for the Florida KidCare program and
566submit a report to the President of the Senate and the Speaker
567of the House of Representatives by January 1, 2005. The report
568shall set out no fewer than three options and shall make a
569recommendation as to the appropriate family premium for the
570Florida KidCare program. Each option shall include a detailed
571explanation of the analysis that led to the conclusion. A
572discussion of family premiums collected by Title XXI programs in
573other states shall be part of the report.
574     Section 11.  Subsection (2) of section 409.818, Florida
575Statutes, is amended to read:
576     409.818  Administration.--In order to implement ss.
577409.810-409.820, the following agencies shall have the following
578duties:
579     (2)  The Department of Health shall:
580     (a)  Design an eligibility intake process for the program,
581in coordination with the Department of Children and Family
582Services, the agency, and the Florida Healthy Kids Corporation.
583The eligibility intake process may include local intake points
584that are determined by the Department of Health in coordination
585with the Department of Children and Family Services.
586     (b)  Design and implement program outreach activities under
587s. 409.819.
588     (b)(c)  Chair a state-level coordinating council to review
589and make recommendations concerning the implementation and
590operation of the program. The coordinating council shall include
591representatives from the department, the Department of Children
592and Family Services, the agency, the Florida Healthy Kids
593Corporation, the Office of Insurance Regulation of the Financial
594Services Commission, local government, health insurers, health
595maintenance organizations, health care providers, families
596participating in the program, and organizations representing
597low-income families.
598     (c)(d)  In consultation with the Florida Healthy Kids
599Corporation and the Department of Children and Family Services,
600establish establishing a toll-free telephone line to assist
601families with questions about the program.
602     (d)(e)  Adopt rules necessary to implement outreach
603activities.
604     Section 12.  Section 409.819, Florida Statutes, is
605repealed.
606     Section 13.  The sums of $6,566,073 from the General
607Revenue Fund, $454,687 from the Grants and Donations Trust Fund,
608and $16,272,440 from the Medical Quality Assurance Trust Fund
609are appropriated to the Agency for Health Care Administration,
610and the sum of $1,984,113 is appropriated from the Grants and
611Donations Trust Fund to the Department of Health, for the 2003-
6122004 fiscal year for the purpose of serving children on whose
613behalf applications are submitted to the Florida KidCare program
614as of January 30, 2004, and who are determined to be eligible
615for program components funded under Title XXI of the Social
616Security Act.
617     Section 14.  Except as otherwise provided herein, this act
618shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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