March 30, 2020
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HB 1073

1
A bill to be entitled
2An act relating to the Florida KidCare program; amending
3s. 409.811, F.S.; defining the term "Florida KidCare
4program"; deleting a definition to conform; amending s.
5409.8132, F.S.; limiting when an applicant may apply for
6Medikids program enrollment; deleting a special enrollment
7period provision; amending s. 409.8134, F.S.; eliminating
8the Agency for Health Care Administration's ability to
9request an increase in the Florida KidCare program
10enrollment ceiling; providing for open enrollment periods;
11providing a timeframe for statewide announcement of open
12enrollment periods; providing limitations; providing an
13exception; providing a disenrollment process under certain
14circumstances; providing additional data for certain
15agencies to collect and analyze; amending s. 409.814,
16F.S.; revising Florida KidCare program eligibility
17criteria; limiting coverage; providing an exception for
18certain children otherwise eligible or covered under a
19family member's employer health coverage; restricting
20enrollment of children whose coverage was voluntarily
21canceled; providing an age limitation for certain
22components; requiring certain transfers to be managed
23within authorized levels of funding; requiring certain
24reserves to be established and reviewed; requiring each
25applicant to provide certain documentation; requiring the
26program to withhold benefits from certain enrollees;
27providing additional fraudulent activities; amending s.
28409.815, F.S.; providing that dental services shall be
29covered; amending s. 624.91, F.S.; removing the
30requirement for the Florida Healthy Kids Corporation to
31work with the Florida Partnership for School Readiness;
32limiting eligibility for state-funded assistance in paying
33Florida Healthy Kids premiums; providing for future repeal
34of certain provisions; providing additional criteria for
35the corporation to determine eligibility; eliminating
36authority to establish an open enrollment period; revising
37the corporation's purchasing criteria; removing a
38restriction; eliminating authority to contract with
39certain entities; eliminating authority to establish a
40maximum number of participants; eliminating authority to
41establish eligibility criteria or premium and cost-sharing
42requirements; providing that contracted insurers are the
43payors of last resort; requiring contracted insurers to
44coordinate benefits with certain payors; requiring the
45Auditor General to provide recommendations to prevent
46enrollment of ineligible children in the Florida KidCare
47program and report such recommendations to the Governor
48and Legislature; requiring the Florida Healthy Kids
49Corporation to use certain funds to contract for an
50actuarial study; requiring the Auditor General to perform
51audits to ensure the eligibility of children enrolled in
52the Florida Healthy Kids program; authorizing the Auditor
53General to require and receive any books, accounts,
54records, or other documentation relating to the Florida
55Healthy Kids Corporation; requiring the Office of Program
56Policy Analysis and Government Accountability to perform a
57study to determine the appropriate family premium for the
58Florida KidCare program and report its findings to the
59Legislature; amending s. 409.818, F.S.; deleting a cross
60reference; repealing s. 409.819, F.S., relating to a
61program identifying low-income, uninsured children for
62certain purposes; providing appropriations; providing
63effective dates.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Subsections (14) through (22) of section
68409.811, Florida Statutes, are renumbered as subsections (15)
69through (23), respectively, present subsection (23) of said
70section is amended, and a new subsection (14) is added to said
71section, to read:
72     409.811  Definitions relating to Florida KidCare Kidcare
73Act.--As used in ss. 409.810-409.820, the term:
74     (14)  "Florida KidCare program," "KidCare program," or
75"program" means the health benefits program administered through
76ss. 409.810-409.820.
77     (23)  "Program" means the Florida Kidcare program, the
78medical assistance program authorized by Title XXI of the Social
79Security Act as part of the federal Balanced Budget Act of 1997.
80     Section 2.  Subsections (7), (8), and (9) of section
81409.8132, Florida Statutes, are amended to read:
82     409.8132  Medikids program component.--
83     (7)  ENROLLMENT.--Enrollment in the Medikids program
84component may only occur during periodic open enrollment periods
85as specified in s. 409.8134 by the agency. An applicant may
86apply for enrollment in the Medikids program component and
87proceed through the eligibility determination process at any
88time throughout the year. However, enrollment in Medikids shall
89not begin until the next open enrollment period; and A child may
90not receive services under the Medikids program until the child
91is enrolled in a managed care plan or MediPass. In addition,
92Once determined eligible, an applicant may receive choice
93counseling and select a managed care plan or MediPass. The
94agency may initiate mandatory assignment for a Medikids
95applicant who has not chosen a managed care plan or MediPass
96provider after the applicant's voluntary choice period ends. An
97applicant may select MediPass under the Medikids program
98component only in counties that have fewer than two managed care
99plans available to serve Medicaid recipients and only if the
100federal Health Care Financing Administration determines that
101MediPass constitutes "health insurance coverage" as defined in
102Title XXI of the Social Security Act.
103     (8)  SPECIAL ENROLLMENT PERIODS.--The agency shall
104establish a special enrollment period of 30 days' duration for
105any child who is enrolled in Medicaid if such child loses
106Medicaid eligibility and becomes eligible for Medikids, or for
107any child who is enrolled in Medikids if such child moves to
108another county that is not within the coverage area of the
109child's Medikids managed care plan or MediPass provider.
110     (8)(9)  PENALTIES FOR VOLUNTARY CANCELLATION.--The agency
111shall establish enrollment criteria that must include penalties
112or waiting periods of not fewer than 60 days for reinstatement
113of coverage upon voluntary cancellation for nonpayment of
114premiums.
115     Section 3.  Section 409.8134, Florida Statutes, is amended
116to read:
117     409.8134  Program enrollment and expenditure ceilings.--
118     (1)  Except for the Medicaid program, a ceiling shall be
119placed on annual federal and state expenditures and on
120enrollment in the Florida KidCare Kidcare program as provided
121each year in the General Appropriations Act. The agency, in
122consultation with the Department of Health, may propose to
123increase the enrollment ceiling in accordance with chapter 216.
124     (2)  Upon a unanimous recommendation by representatives
125from each of the four Florida KidCare administrators, the
126Florida KidCare program may conduct an open enrollment period
127for the purpose of enrolling children eligible for all program
128components listed in s. 409.813 except Medicaid. The four
129Florida KidCare administrators shall work together to ensure
130that the open enrollment period is announced statewide at least
1311 month before the open enrollment is to begin. Eligible
132children shall be enrolled on a first-come, first-served basis
133using the date the open enrollment application is received. The
134potential open enrollment periods shall be January 1 through
135January 30 and September 1 through September 30 of each year.
136Open enrollment shall immediately cease when the enrollment
137ceiling is reached. An open enrollment shall only be held if the
138Social Services Estimating Conference determines that sufficient
139federal and state funds will be available to finance the
140increased enrollment through federal fiscal year 2007. Any
141individual who is not enrolled, including those added to the
142waiting list after January 30, 2004, must reapply by submitting
143a new application during the next open enrollment period.
144However, the Children?s Medical Services Network may enroll up
145to 120 additional children annually based on emergency
146disability criteria outside of the open enrollment periods
147provided that the cost of serving these children is within the
148KidCare program?s appropriated or authorized levels of funding.
149Except for the Medicaid program, whenever the Social Services
150Estimating Conference determines that there is presently, or
151will be by the end of the current fiscal year, insufficient
152funds to finance the current or projected enrollment in the
153Florida Kidcare program, all additional enrollment must cease
154and additional enrollment may not resume until sufficient funds
155are available to finance such enrollment.
156     (3)  Upon determination by the Social Services Estimating
157Conference that there are insufficient funds to finance the
158current enrollment in the Florida KidCare program within current
159appropriations, the program shall initiate disenrollment
160procedures to remove enrollees, except those children enrolled
161in the Children's Medical Services network, on a last-in, first-
162out basis until the expenditure and appropriation levels are
163balanced.
164     (4)(3)  The agencies that administer the Florida KidCare
165Kidcare program components shall collect and analyze the data
166needed to project Florida Kidcare program enrollment costs,
167including price level adjustments outreach impacts,
168participation and attrition rates, current and projected
169caseloads, utilization, and current and projected expenditures
170for the next 3 years. The agencies shall report the caseload and
171expenditure trends to the Social Services Estimating Conference
172in accordance with chapter 216.
173     Section 4.  Effective July 1, 2004, section 409.814,
174Florida Statutes, is amended to read:
175     409.814  Eligibility.--A child who has not reached 19 years
176of age whose family income is equal to or below 200 percent of
177the federal poverty level is eligible for the Florida KidCare
178Kidcare program as provided in this section. In determining the
179eligibility of such a child, an assets test is not required. An
180applicant under 19 years of age who, based on a complete
181application, appears to be eligible for the Medicaid component
182of the Florida Kidcare program is presumed eligible for coverage
183under Medicaid, subject to federal rules. A child who has been
184deemed presumptively eligible for Medicaid shall not be enrolled
185in a managed care plan until the child's full eligibility
186determination for Medicaid has been completed. The Florida
187Healthy Kids Corporation may, subject to compliance with
188applicable requirements of the Agency for Health Care
189Administration and the Department of Children and Family
190Services, be designated as an entity to conduct presumptive
191eligibility determinations. An applicant under 19 years of age
192who, based on a complete application, appears to be eligible for
193the Medikids, Florida Healthy Kids, or Children's Medical
194Services network program component, who is screened as
195ineligible for Medicaid and prior to the monthly verification of
196the applicant's enrollment in Medicaid or of eligibility for
197coverage under the state employee health benefit plan, may be
198enrolled in and begin receiving coverage from the appropriate
199program component on the first day of the month following the
200receipt of a completed application. For enrollment in the
201Children's Medical Services network, a complete application
202includes the medical or behavioral health screening. If,
203subsequently after verification, an individual is determined to
204be ineligible for coverage, he or she must immediately be
205disenrolled from the respective Florida KidCare Title XXI-funded
206Kidcare program component.
207     (1)  A child who is eligible for Medicaid coverage under s.
208409.903 or s. 409.904 must be enrolled in Medicaid and is not
209eligible to receive health benefits under any other health
210benefits coverage authorized under the Florida KidCare program
211ss. 409.810-409.820.
212     (2)  A child who is not eligible for Medicaid, but who is
213eligible for the Florida KidCare Kidcare program, may obtain
214health benefits coverage under any of the other components
215listed in s. 409.813 types of health benefits coverage
216authorized in ss. 409.810-409.820 if such coverage is approved
217and available in the county in which the child resides. However,
218a child who is eligible for Medikids may participate in the
219Florida Healthy Kids program only if the child has a sibling
220participating in the Florida Healthy Kids program and the
221child's county of residence permits such enrollment.
222     (3)  A child who is eligible for the Florida KidCare
223Kidcare program who is a child with special health care needs,
224as determined through a medical or behavioral screening
225instrument, is eligible for health benefits coverage from and
226shall be referred to the Children's Medical Services network.
227     (4)  The following children are not eligible to receive
228premium assistance for health benefits coverage under the
229Florida KidCare program ss. 409.810-409.820, except under
230Medicaid if the child would have been eligible for Medicaid
231under s. 409.903 or s. 409.904 as of June 1, 1997:
232     (a)  A child who is eligible for coverage under a state
233health benefit plan on the basis of a family member's employment
234with a public agency in the state.
235     (b)  A child who is currently eligible for or covered under
236a family member's group health benefit plan or under other
237employer health insurance coverage, excluding coverage provided
238under the Florida Healthy Kids Corporation as established under
239s. 624.91, provided that the cost of the child's participation
240is not greater than 5 percent of the family's income. This
241provision shall be applied during redetermination for children
242who were enrolled prior to July 1, 2004. These enrollees shall
243have 6 months of eligibility following redetermination to allow
244for a transition to the other health benefit plan.
245     (c)  A child who is seeking premium assistance for the
246Florida KidCare program through employer-sponsored group
247coverage, if the child has been covered by the same employer's
248group coverage during the 6 months prior to the family's
249submitting an application for determination of eligibility under
250the Florida Kidcare program.
251     (d)  A child who is an alien, but who does not meet the
252definition of qualified alien, in the United States.
253     (e)  A child who is an inmate of a public institution or a
254patient in an institution for mental diseases.
255     (f)  A child who has had his or her coverage in an
256employer-sponsored health benefit plan voluntarily canceled in
257the last 6 months, except those children who were on the waiting
258list prior to January 31, 2004.
259     (5)  A child whose family income is above 200 percent of
260the federal poverty level or a child who is excluded under the
261provisions of subsection (4) may participate in the Florida
262KidCare Kidcare program, excluding the Medicaid program, but is
263subject to the following provisions:
264     (a)  The family is not eligible for premium assistance
265payments and must pay the full cost of the premium, including
266any administrative costs.
267     (b)  The agency is authorized to place limits on enrollment
268in Medikids by these children in order to avoid adverse
269selection. The number of children participating in Medikids
270whose family income exceeds 200 percent of the federal poverty
271level must not exceed 10 percent of total enrollees in the
272Medikids program.
273     (c)  The board of directors of the Florida Healthy Kids
274Corporation is authorized to place limits on enrollment of these
275children in order to avoid adverse selection. In addition, the
276board is authorized to offer a reduced benefit package to these
277children in order to limit program costs for such families. The
278number of children participating in the Florida Healthy Kids
279program whose family income exceeds 200 percent of the federal
280poverty level must not exceed 10 percent of total enrollees in
281the Florida Healthy Kids program.
282     (d)  Children described in this subsection are not counted
283in the annual enrollment ceiling for the Florida KidCare Kidcare
284program.
285     (6)  Once a child is enrolled in the Florida KidCare
286Kidcare program, the child is eligible for coverage under the
287program for 6 months without a redetermination or reverification
288of eligibility, if the family continues to pay the applicable
289premium. Eligibility for program components funded through Title
290XXI of the Social Security Act shall terminate when a child
291attains the age of 19. Effective January 1, 1999, a child who
292has not attained the age of 5 and who has been determined
293eligible for the Medicaid program is eligible for coverage for
29412 months without a redetermination or reverification of
295eligibility.
296     (7)  When determining or reviewing a child's eligibility
297under the Florida KidCare program, the applicant shall be
298provided with reasonable notice of changes in eligibility which
299may affect enrollment in one or more of the program components.
300When a transition from one program component to another is
301authorized appropriate, there shall be cooperation between the
302program components and the affected family which promotes
303continuity of health care coverage. Any authorized transfers
304must be managed within the program's overall appropriated or
305authorized levels of funding. Each component of the program
306shall establish a reserve to ensure that transfers between
307components will be accomplished within current year
308appropriations. These reserves shall be reviewed by each
309convening of the Social Services Estimating Conference to
310determine the adequacy of such reserves to meet actual
311experience.
312     (8)  In determining the eligibility of a child, an assets
313test is not required. Each applicant shall provide written
314documentation during the application process and the
315redetermination process, including, but not limited to, the
316following:
317     (a)  Proof of family income.
318     (b)  A statement from all family members that:
319     1.  Their employer does not sponsor a health benefit plan
320for employees; or
321     2.  The potential enrollee is not covered by the employer-
322sponsored health benefit plan because the potential enrollee is
323not eligible for coverage, or, if the potential enrollee is
324eligible but not covered, a statement of the cost to enroll the
325potential enrollee in the employer-sponsored health benefit
326plan.
327     (9)  Subject to paragraph (4)(b) and s. 624.91(3), the
328Florida KidCare program shall withhold benefits from an enrollee
329if the program obtains evidence that the enrollee is no longer
330eligible, submitted incorrect or fraudulent information in order
331to establish eligibility, or failed to provide verification of
332eligibility. The applicant or enrollee shall be notified that
333because of such evidence program benefits will be withheld
334unless the applicant or enrollee contacts a designated
335representative of the program by a specified date, which must be
336within 10 days after the date of notice, to discuss and resolve
337the matter. The program shall make every effort to resolve the
338matter within a timeframe that will not cause benefits to be
339withheld from an eligible enrollee.
340     (10)  The following individuals may be subject to
341prosecution in accordance with s. 414.39:
342(a)  An applicant obtaining or attempting to obtain
343benefits for a potential enrollee under the Florida KidCare
344program when the applicant knows or should have known the
345potential enrollee does not qualify for the Florida KidCare
346program.
347     (b)  An individual who assists an applicant in obtaining or
348attempting to obtain benefits for a potential enrollee under the
349Florida KidCare program when the individual knows or should have
350known the potential enrollee does not qualify for the Florida
351KidCare program.
352     Section 5.  Paragraph (q) of subsection (2) of section
353409.815, Florida Statutes, is amended to read:
354     409.815  Health benefits coverage; limitations.--
355     (2)  BENCHMARK BENEFITS.--In order for health benefits
356coverage to qualify for premium assistance payments for an
357eligible child under ss. 409.810-409.820, the health benefits
358coverage, except for coverage under Medicaid and Medikids, must
359include the following minimum benefits, as medically necessary.
360     (q)  Dental services.--Dental services shall be covered and
361may services include those dental benefits services provided to
362children by the Florida Medicaid program under s. 409.906(6)(5),
363up to a maximum benefit of $750 per enrollee per year.
364     Section 6.  Subsections (3) through (7) of section 624.91,
365Florida Statutes, are renumbered as subsections (4) through (8),
366respectively, present subsections (2) and (4) of said section
367are amended, and a new subsection (3) is added to said section,
368to read:
369     624.91  The Florida Healthy Kids Corporation Act.--
370     (2)  LEGISLATIVE INTENT.--
371     (a)  The Legislature finds that increased access to health
372care services could improve children's health and reduce the
373incidence and costs of childhood illness and disabilities among
374children in this state. Many children do not have comprehensive,
375affordable health care services available. It is the intent of
376the Legislature that the Florida Healthy Kids Corporation
377provide comprehensive health insurance coverage to such
378children. The corporation is encouraged to cooperate with any
379existing health service programs funded by the public or the
380private sector and to work cooperatively with the Florida
381Partnership for School Readiness.
382     (b)  It is the intent of the Legislature that the Florida
383Healthy Kids Corporation serve as one of several providers of
384services to children eligible for medical assistance under Title
385XXI of the Social Security Act. Although the corporation may
386serve other children, the Legislature intends the primary
387recipients of services provided through the corporation be
388school-age children with a family income below 200 percent of
389the federal poverty level, who do not qualify for Medicaid. It
390is also the intent of the Legislature that state and local
391government Florida Healthy Kids funds be used to continue and
392expand coverage, subject to specific appropriations in the
393General Appropriations Act, to children not eligible for federal
394matching funds under Title XXI.
395     (3)  ELIGIBILITY FOR STATE-FUNDED ASSISTANCE.-?Only the
396following individuals are eligible for state-funded assistance
397in paying Florida Healthy Kids premiums:
398     (a)  Residents of this state who are eligible for the
399Florida KidCare program pursuant to s. 409.814.
400     (b)  Notwithstanding s. 409.814, legal aliens who are
401enrolled in the Florida Healthy Kids program as of January 31,
4022004, who do not qualify for Title XXI federal funds because
403they are not qualified aliens as defined in s. 409.811.
404     (c)  Notwithstanding s. 409.814, individuals who have
405attained the age of 19 as of March 31, 2004, who were receiving
406Florida Healthy Kids benefits prior to the enactment of the
407Florida KidCare program. This paragraph shall be repealed March
40831, 2005.
409     (d)  Notwithstanding s. 409.814, state employee dependents
410who were enrolled in the Florida Healthy Kids program as of
411January 31, 2004. Such individuals shall remain eligible until
412January 1, 2005.
413     (5)(4)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--
414     (a)  There is created the Florida Healthy Kids Corporation,
415a not-for-profit corporation.
416     (b)  The Florida Healthy Kids Corporation shall:
417     1.  Arrange for the collection of any family, local
418contributions, or employer payment or premium, in an amount to
419be determined by the board of directors, to provide for payment
420of premiums for comprehensive insurance coverage and for the
421actual or estimated administrative expenses.;
422     2.  Arrange for the collection of any voluntary
423contributions to provide for payment of premiums for children
424who are not eligible for medical assistance under Title XXI of
425the Social Security Act. Each fiscal year, the corporation shall
426establish a local match policy for the enrollment of non-Title-
427XXI-eligible children in the Healthy Kids program. By May 1 of
428each year, the corporation shall provide written notification of
429the amount to be remitted to the corporation for the following
430fiscal year under that policy. Local match sources may include,
431but are not limited to, funds provided by municipalities,
432counties, school boards, hospitals, health care providers,
433charitable organizations, special taxing districts, and private
434organizations. The minimum local match cash contributions
435required each fiscal year and local match credits shall be
436determined by the General Appropriations Act. The corporation
437shall calculate a county's local match rate based upon that
438county's percentage of the state's total non-Title-XXI
439expenditures as reported in the corporation's most recently
440audited financial statement. In awarding the local match
441credits, the corporation may consider factors including, but not
442limited to, population density, per capita income, and existing
443child-health-related expenditures and services.;
444     3.  Subject to the provisions of s. 409.8134, accept
445voluntary supplemental local match contributions that comply
446with the requirements of Title XXI of the Social Security Act
447for the purpose of providing additional coverage in contributing
448counties under Title XXI.;
449     4.  Establish the administrative and accounting procedures
450for the operation of the corporation.;
451     5.  Establish, with consultation from appropriate
452professional organizations, standards for preventive health
453services and providers and comprehensive insurance benefits
454appropriate to children,; provided that such standards for rural
455areas shall not limit primary care providers to board-certified
456pediatricians.;
457     6.  Determine Establish eligibility for criteria which
458children seeking must meet in order to participate in the Title
459XXI-funded components of the Florida KidCare program consistent
460with the requirements specified in s. 409.814, as well as the
461non-Title-XXI-eligible children as provided in subsection (3).;
462     7.  Establish procedures under which providers of local
463match to, applicants to and participants in the program may have
464grievances reviewed by an impartial body and reported to the
465board of directors of the corporation.;
466     8.  Establish participation criteria and, if appropriate,
467contract with an authorized insurer, health maintenance
468organization, or third-party insurance administrator to provide
469administrative services to the corporation.;
470     9.  Establish enrollment criteria which shall include
471penalties or waiting periods of not fewer than 60 days for
472reinstatement of coverage upon voluntary cancellation for
473nonpayment of family premiums.;
474     10.  If a space is available, establish a special open
475enrollment period of 30 days' duration for any child who is
476enrolled in Medicaid or Medikids if such child loses Medicaid or
477Medikids eligibility and becomes eligible for the Florida
478Healthy Kids program;
479     10.11.  Contract with authorized insurers or any provider
480of health care services, meeting standards established by the
481corporation, for the provision of comprehensive insurance
482coverage to participants. Such standards shall include criteria
483under which the corporation may contract with more than one
484provider of health care services in program sites. Health plans
485shall be selected through a competitive bid process. The Florida
486Healthy Kids Corporation shall purchase goods and services in
487the most cost-effective manner consistent with the delivery of
488quality medical care. The maximum administrative cost for a
489Florida Healthy Kids Corporation contract shall be 15 percent.
490The minimum medical loss ratio for a Florida Healthy Kids
491Corporation contract shall be 85 percent. The selection of
492health plans shall be based primarily on quality criteria
493established by the board. The health plan selection criteria and
494scoring system, and the scoring results, shall be available upon
495request for inspection after the bids have been awarded.;
496     11.12.  Establish disenrollment criteria in the event local
497matching funds are insufficient to cover enrollments.;
498     12.13.  Develop and implement a plan to publicize the
499Florida Healthy Kids Corporation, the eligibility requirements
500of the program, and the procedures for enrollment in the program
501and to maintain public awareness of the corporation and the
502program.;
503     13.14.  Secure staff necessary to properly administer the
504corporation. Staff costs shall be funded from state and local
505matching funds and such other private or public funds as become
506available. The board of directors shall determine the number of
507staff members necessary to administer the corporation.;
508     15.  As appropriate, enter into contracts with local school
509boards or other agencies to provide onsite information,
510enrollment, and other services necessary to the operation of the
511corporation;
512     14.16.  Provide a report annually to the Governor, Chief
513Financial Officer, Commissioner of Education, Senate President,
514Speaker of the House of Representatives, and Minority Leaders of
515the Senate and the House of Representatives.;
516     17.  Each fiscal year, establish a maximum number of
517participants, on a statewide basis, who may enroll in the
518program; and
519     15.18.  Establish eligibility criteria, premium and cost-
520sharing requirements, and benefit packages which conform to the
521provisions of the Florida KidCare Kidcare program, as created in
522ss. 409.810-409.820.
523     (c)  Coverage under the corporation's program is secondary
524to any other available private coverage held by, or applicable
525to, the participant child or family member. Insurers under
526contract with the corporation are the payors of last resort and
527must coordinate benefits with any other third-party payor that
528may be liable for the participant's medical care The corporation
529may establish procedures for coordinating benefits under this
530program with benefits under other public and private coverage.
531     (d)  The Florida Healthy Kids Corporation shall be a
532private corporation not for profit, organized pursuant to
533chapter 617, and shall have all powers necessary to carry out
534the purposes of this act, including, but not limited to, the
535power to receive and accept grants, loans, or advances of funds
536from any public or private agency and to receive and accept from
537any source contributions of money, property, labor, or any other
538thing of value, to be held, used, and applied for the purposes
539of this act.
540     Section 7.  The Auditor General shall provide
541recommendations to implement mechanisms to prevent enrollment of
542children in the Florida KidCare program who are ineligible
543pursuant to the requirements of s. 409.814(4), Florida Statutes.
544Such recommendations shall be reported to the Governor, the
545President of the Senate, and the Speaker of the House of
546Representatives by March 1, 2005.
547     Section 8.  The Florida Healthy Kids Corporation shall use
548existing funds from their operating fund established by s.
549624.915, Florida Statutes, to contract for an actuarial study on
550the impact of full-pay enrollees on the cost of services for
551each Florida KidCare program component.
552     Section 9.  The Auditor General shall perform periodic
553audits through the 2005-2006 fiscal year to ensure that children
554enrolled in the Florida Healthy Kids program are eligible
555pursuant to ss. 409.814 and 624.91, Florida Statutes. The
556Auditor General shall have the authority to require and receive
557from the Florida Healthy Kids Corporation or from its
558independent auditor any books, accounts, records, or other
559documentation relating to the corporation. Any contract entered
560into by the corporation pursuant to s. 624.91(4)(b)11. or s.
561624.91(4)(b)15., Florida Statutes, shall specify that the
562records of the contractor relating to the contract or its
563performance must be available for review and audit by the
564Auditor General.
565     Section 10.  The Office of Program Policy Analysis and
566Government Accountability shall perform a study to determine the
567appropriate family premium for the Florida KidCare program and
568submit a report to the President of the Senate and the Speaker
569of the House of Representatives by January 1, 2005. The report
570shall set out no fewer than three options and shall make a
571recommendation as to the appropriate family premium for the
572Florida KidCare program. Each option shall include a detailed
573explanation of the analysis that led to the conclusion. A
574discussion of family premiums collected by Title XXI programs in
575other states shall be part of the report.
576     Section 11.  Subsection (2) of section 409.818, Florida
577Statutes, is amended to read:
578     409.818  Administration.--In order to implement ss.
579409.810-409.820, the following agencies shall have the following
580duties:
581     (2)  The Department of Health shall:
582     (a)  Design an eligibility intake process for the program,
583in coordination with the Department of Children and Family
584Services, the agency, and the Florida Healthy Kids Corporation.
585The eligibility intake process may include local intake points
586that are determined by the Department of Health in coordination
587with the Department of Children and Family Services.
588     (b)  Design and implement program outreach activities under
589s. 409.819.
590     (b)(c)  Chair a state-level coordinating council to review
591and make recommendations concerning the implementation and
592operation of the program. The coordinating council shall include
593representatives from the department, the Department of Children
594and Family Services, the agency, the Florida Healthy Kids
595Corporation, the Office of Insurance Regulation of the Financial
596Services Commission, local government, health insurers, health
597maintenance organizations, health care providers, families
598participating in the program, and organizations representing
599low-income families.
600     (c)(d)  In consultation with the Florida Healthy Kids
601Corporation and the Department of Children and Family Services,
602establish establishing a toll-free telephone line to assist
603families with questions about the program.
604     (d)(e)  Adopt rules necessary to implement outreach
605activities.
606     Section 12.  Section 409.819, Florida Statutes, is
607repealed.
608     Section 13.  The sums of $6,566,073 from the General
609Revenue Fund, $454,687 from the Grants and Donations Trust Fund,
610and $16,272,440 from the Medical Care Trust Fund are
611appropriated to the Agency for Health Care Administration, and
612the sum of $1,984,113 is appropriated from the Donations Trust
613Fund to the Department of Health, for the 2003-2004 fiscal year
614for the purpose of serving children on whose behalf applications
615are submitted to the Florida KidCare program as of January 30,
6162004, and who are determined to be eligible for program
617components funded under Title XXI of the Social Security Act.
618     Section 14.  Except as otherwise provided herein, this act
619shall take effect upon becoming a law.


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