Title: Florida Kidcare Program

Summary: Defines term "lawfully residing child"; revises eligibility for Kidcare program; excludes undocumented immigrants from eligibility; provides eligibility for optional payments for medical assistance & related services for certain lawfully residing children; excludes undocumented immigrants from eligibility for optional Medicaid payments or related services.

Full Text:
An act relating to the Florida Kidcare program; amending s. 409.811, F.S.; defining the term "lawfully residing child"; amending s. 409.814, F.S.; revising eligibility for the program; excluding undocumented immigrants from eligibility; amending s. 409.904, F.S.; providing eligibility for optional payments for medical assistance and related services for certain lawfully residing children; excluding undocumented immigrants from eligibility for optional Medicaid payments or related services; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (17) through (26) of section 409.811, Florida Statutes, are renumbered as subsections (18) through (27), respectively, and a new subsection (17) is added to that section to read: 409.811 Definitions relating to Florida Kidcare Act.-As used in ss. 409.810-409.821, the term: (17) "Lawfully residing child" means a child who is lawfully present in the United States as defined in C.F.R. s. 103.12(a), meets Medicaid or CHIP residency requirements, and may be eligible for medical assistance with federal financial participation as provided under s. of the Childre n's Health Insurance Program Reauthorization Act of 2009, Pub. L. No.-3, and related federal rules and regulations. HB CORRECTED COPY 2014 Section 2. Paragraph (c) of subsection (4) of section 409.814, Florida Statutes, is amended to read: 409.814 Eligibility.-A child who has not reached years of age whose family income is equal to or below percent of the federal poverty level is eligible for the Florida Kidcare program as provided in this section. If an enrolled individual is determined to be ineligible for cove rage, he or she must be immediately disenrolled from the respective Florida Kidcare program component. (4) The following children are not eligible to receive Title XXI-funded premium assistance for health benefits coverage under the Florida Kidcare progr am, except under Medicaid if the child would have been eligible for Medicaid under s. 409.903 or s. 409.904 as of June 1, 1997: (c) A child who is an alien,but who does not meet the definition of a lawfully residing child under s. 409.811(17) qualified alien, in the United States.This paragraph does not extend Kidcare program eligibility to an undocumented immigrant. Section 3. Subsections (8) and (9) of section 409.904, Florida Statutes, are renumbered as subsections (9) and (10), respectively, and a new subsection (8) is added to that section to read: 409.904 Optional payments for eligible persons.-The agency may make payments for medical assistance and related services on behalf of the following persons who are determined to be eligible subject to the income, assets, and categorical eligibility tests set forth in federal and state law. Payment on behalf of these Medicaid eligible persons is subject to the HB CORRECTED COPY 2014 availability of moneys and any limitations established by the General Appropriations Act or chapter 216. (8) A child younger than years of age who would be eligible for Medicaid under s. 409.903, except that the child is a lawfully residing child as defined in s. 409.811(17). This subsection does not extend eligibility for optional Medicaid payments or related services to an undocumented immigrant. Section 4. This act shall take effect July 1, 2014.