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The Florida Statutes

The 2009 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
Section 409.816, Florida Statutes 2009

409.816  Limitations on premiums and cost-sharing.--The following limitations on premiums and cost-sharing are established for the program.

(1)  Enrollees who receive coverage under the Medicaid program may not be required to pay:

(a)  Enrollment fees, premiums, or similar charges; or

(b)  Copayments, deductibles, coinsurance, or similar charges.

(2)  Enrollees in families with a family income equal to or below 150 percent of the federal poverty level, who are not receiving coverage under the Medicaid program, may not be required to pay:

(a)  Enrollment fees, premiums, or similar charges that exceed the maximum monthly charge permitted under s. 1916(b)(1) of the Social Security Act; or

(b)  Copayments, deductibles, coinsurance, or similar charges that exceed a nominal amount, as determined consistent with regulations referred to in s. 1916(a)(3) of the Social Security Act. However, such charges may not be imposed for preventive services, including well-baby and well-child care, age-appropriate immunizations, and routine hearing and vision screenings.

(3)  Enrollees in families with a family income above 150 percent of the federal poverty level who are not receiving coverage under the Medicaid program or who are not eligible under 1s. 409.814(7) may be required to pay enrollment fees, premiums, copayments, deductibles, coinsurance, or similar charges on a sliding scale related to income, except that the total annual aggregate cost-sharing with respect to all children in a family may not exceed 5 percent of the family's income. However, copayments, deductibles, coinsurance, or similar charges may not be imposed for preventive services, including well-baby and well-child care, age-appropriate immunizations, and routine hearing and vision screenings.

History.--ss. 41, 57, ch. 98-288; s. 22, ch. 2003-405; s. 9, ch. 2009-113.

1Note.--The correct reference is to s. 409.814(6). The reference was to s. 409.814(5) prior to amendment of s. 409.816(3) by s. 9, ch. 2009-113; s. 7, ch. 2009-113, redesignated s. 409.814(5) as s. 409.814(6).

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