FL
Florida House Bill H1443

Florida 2022 Regular Session

Florida House Bill H1443 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to a review under the Open Government 2
16-Sunset Review Act; amending s. 110.12301, F.S.; 3
17-designating the Department of Management Services, 4
18-rather than the Division of State Group Insurance, as 5
19-the entity required to contract for certain services 6
20-for the state group insurance program; authorizing the 7
21-department or contractor to require certain 8
22-information from subscribers; revising the type of 9
23-information the department or contractor may require 10
24-from subscribers for verifying dependent eligibility; 11
25-removing obsolete language; revising the retention 12
26-requirements for certain documentation; providing an 13
27-effective date. 14
28- 15
29-Be It Enacted by the Legislatu re of the State of Florida: 16
30- 17
31- Section 1. Subsection (2) of section 110.12301, Florida 18
32-Statutes, is amended to read: 19
33- 110.12301 Competitive procurement of postpayment claims 20
34-review services and dependent eligibility verification services; 21
35-public records exemption.— 22
36- (2) The department Division of State Group Insurance is 23
37-directed to competitively procure a contract for dependent 24
38-eligibility verification services for the state group insurance 25
15+An act relating to dependent eligibility verification 2
16+services; amending s. 110.12301, F.S.; requiring the 3
17+Department of Management Services, rather than the 4
18+Division of State Group Insurance, to directly provide 5
19+or contract for certain services; removing 6
20+requirements for such contract; removing obsolete 7
21+language; revising the retention requirements for 8
22+certain documentation; providing an effective date. 9
23+ 10
24+Be It Enacted by the Legislature of the State of Florida: 11
25+ 12
26+ Section 1. Subsection (2) of section 110.12301, Florida 13
27+Statutes, is amended to read: 14
28+ 110.12301 Competitive procurement of postpayment claims 15
29+review services; and dependent eligibility verific ation 16
30+services; public records exemption. — 17
31+ (2) The department may directly provide or Division of 18
32+State Group Insurance is directed to competitively procure a 19
33+contract for dependent eligibility verification services for the 20
34+state group insurance program ; however, compensation under the 21
35+contract may not exceed historical claim costs for the prior 12 22
36+months for the dependent populations disenrolled as a result of 23
37+the contractor's services . 24
38+ (a)1. By September 1, 2017, the division shall notify all 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-program; however, compensation under the contract may not exce ed 26
52-historical claim costs for the prior 12 months for the dependent 27
53-populations disenrolled as a result of the contractor's 28
54-services. 29
55- (a)1. By September 1, 2017, the division shall notify all 30
56-subscribers regarding the eligibility rules for dependents. 31
57-Through November 30, 2017, the division must hold subscribers 32
58-harmless for past claims of ineligible dependents if such 33
59-dependents are removed from plan membership before December 1, 34
60-2017. 35
61- 2. Subparagraph 1. does not apply to any dependent 36
62-identified as ineligible before July 1, 2017, for which the 37
63-department has notified the state agency employing the 38
64-associated subscriber. 39
65- (a)(b) The department or the contractor providing 40
66-dependent eligibility verification services may require request 41
67-the following information from subscribers: 42
68- 1. To prove a spouse's eligibility: 43
69- a. If married fewer less than 12 months and the subscriber 44
70-and his or her spouse have not filed a joint federal income tax 45
71-return, a copy of a government-issued marriage certificate; or 46
72- b. If married for 12 or more months, a copy of the 47
73-transcript of the most recently filed federal income tax return ; 48
74-or 49
75- c. If the documentation specified in sub -subparagraph a. 50
51+subscribers regarding the eligibility rules for dependents. 26
52+Through November 30, 2017, the division must hold subscribers 27
53+harmless for past claims of ineligible dependents if such 28
54+dependents are removed from plan membership before December 1, 29
55+2017. 30
56+ 2. Subparagraph 1. does not apply to any dependent 31
57+identified as ineligible before July 1, 2017, for which the 32
58+department has notified the state agency employing the 33
59+associated subscriber. 34
60+ (a)(b) The contractor providing dependent eligibility 35
61+verification services ma y request the following information from 36
62+Subscribers must provide all of the following information to the 37
63+department or the contractor providing dependent eligibility 38
64+verification services : 39
65+ 1. To prove a spouse's eligibility: 40
66+ a. If married fewer less than 12 months and the subscriber 41
67+and his or her spouse have not filed a joint federal income tax 42
68+return, a government -issued marriage certificate; or 43
69+ b. If married for 12 or more months, a transcript of the 44
70+most recently filed federal income tax return. 45
71+ 2. To prove a biological child's or a newborn grandchild's 46
72+eligibility, a government -issued birth certificate. 47
73+ 3. To prove an adopted child's eligibility: 48
74+ a. An adoption certificate; or 49
75+ b. An adoption placement agreement and a petition for 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-or sub-subparagraph b. cannot be produced, an attestation of the 51
89-marriage by sworn affidavit consistent with s. 92.50 . 52
90- 2. To prove a biological child's or a newborn grandchild's 53
91-eligibility:, 54
92- a. A copy of a government-issued birth certificate ; or 55
93- b. If a government-issued birth certificate cannot be 56
94-produced, an attestation of the subscriber-dependent 57
95-relationship by sworn affidavit consistent with s. 92.50 . 58
96- 3. To prove an adopted child's eligibility: 59
97- a. A copy of an adoption certificate; or 60
98- b. A copy of an adoption placement agreement and a 61
99-petition for adoption ; or 62
100- c. If the documentation specified in sub -subparagraph a. 63
101-or sub-subparagraph b. cannot be produced, an attestation of the 64
102-subscriber-dependent relationship by sworn affidavit consistent 65
103-with s. 92.50. 66
104- 4. To prove a stepchild's eligibility , both of the 67
105-following: 68
106- a. A copy of a government-issued birth certificate for the 69
107-stepchild.; and 70
108- b. A copy of the transcript of the subscriber's most 71
109-recently filed federal income tax return. 72
110- 5. To prove a child's eligibility under guardianship, a 73
111-copy of the court order naming the subscriber or the 74
112-subscriber's spouse as the child's legal guardian or custodian 75
88+adoption. 51
89+ 4. To prove a stepchild's eligibility: 52
90+ a. A government-issued birth certificate for the 53
91+stepchild; and 54
92+ b. The transcript of the subscriber's most recently filed 55
93+federal income tax return. 56
94+ 5. Any other information necessary to verify the 57
95+dependent's eligibility for enrollment in the state group 58
96+insurance program. 59
97+ (b)(c) If a document requested from a subscriber is not 60
98+confidential or exempt from public records requirements, the 61
99+division and the contractor shall disclose to all subscribers 62
100+that such information submitted to verify the eligibility of 63
101+dependents may be subject to disclosure and inspection under 64
102+chapter 119. 65
103+ (c)(d) A government-issued marriage license or marriage 66
104+certificate submitted for dependent eligibility verification 67
105+must include the date of the marriage between the subscriber and 68
106+the spouse. 69
107+ (d)(e) A government-issued birth certificate submitted for 70
108+dependent eligibility verification must list the parents' names. 71
109+ (e)(f) Foreign-born subscribers unable to obtain the 72
110+necessary documentation within the specified time period of 73
111+producing verification documentation may execute a signed 74
112+affidavit attesting to eligibility requirements. 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-Any other information necessary to verify the dependent's 76
126-eligibility for enrollment in the state group insurance program . 77
127- 6. To prove a foster child's elig ibility, a copy of the 78
128-records showing the subscriber or the subscriber's spouse as the 79
129-child's foster parent. 80
130- 7. To prove eligibility of an unmarried child who is at 81
131-least 26 but not more than 30 years of age, all of the 82
132-following: 83
133- a. A copy of the ch ild's government-issued birth 84
134-certificate or adoption certificate naming the subscriber or the 85
135-subscriber's spouse as the child's parent, or a copy of the 86
136-court order naming the subscriber or the subscriber's spouse as 87
137-the child's legal guardian or custodi an. 88
138- b. A copy of a completed Certification of Over -Age 89
139-Dependent Eligibility Form. 90
140- c. A document confirming the child's current enrollment as 91
141-a student, including the name of the child, the name of the 92
142-school where the child is enrolled, and the school term in which 93
143-the child is enrolled, or a bill or statement in the child's 94
144-name that is dated within the last 60 days and is mailed to the 95
145-child at an address in the state. 96
146- 8. To prove eligibility of a disabled child who is at 97
147-least 26 years of age or older, both of the following: 98
148- a. A copy of the child's government -issued birth 99
149-certificate or adoption certificate naming the subscriber or the 100
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158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-subscriber's spouse as the child's parent, or a copy of the 101
163-court order naming the subscriber or the subscribe r's spouse as 102
164-the child's legal guardian or custodian. 103
165- b. A copy of the subscriber's or the subscriber's spouse's 104
166-most recently filed federal income tax return listing the 105
167-child's name and the last four digits of the child's social 106
168-security number and id entifying the child as the subscriber's or 107
169-the subscriber's spouse's dependent for tax purposes. 108
170- (b)(c) If a document requested from a subscriber is not 109
171-confidential or exempt from public records requirements, the 110
172-division and the contractor shall disclo se to all subscribers 111
173-that such information submitted to verify the eligibility of 112
174-dependents may be subject to disclosure and inspection under 113
175-chapter 119. 114
176- (c)(d) A government-issued marriage license or marriage 115
177-certificate submitted for dependent eligi bility verification 116
178-must include the date of the marriage between the subscriber and 117
179-the spouse. 118
180- (d)(e) A government-issued birth certificate submitted for 119
181-dependent eligibility verification must list the parents' names. 120
182- (e)(f) Foreign-born subscribers unable to obtain the 121
183-necessary documentation within the specified time period of 122
184-producing verification documentation may provide a sworn execute 123
185-a signed affidavit consistent with s. 92.50 attesting to 124
186-eligibility requirements. 125
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195-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- (f)(g) Documentation submitted to verify eligibility may 126
200-be an original or a photocopy of an original document. Before 127
201-submitting a document, the subscriber may redact any information 128
202-on a document which is not necessary to verify the eligibility 129
203-of the dependent. 130
204- (g)(h) All documentation obtained by the department or 131
205-contractor to conduct the dependent eligibility verification 132
206-services must be retained in accordance with the applicable 133
207-records retention schedule until June 30, 2019. The department 134
208-or the contractor is not requi red to retain such documentation 135
209-after June 30, 2019, and shall destroy such documentation as 136
210-soon as practicable after such date. 137
211- Section 2. This act shall take effect July 1, 2022. 138
125+ (f)(g) Documentation submitted to verify eligibility may 76
126+be an original or a photocopy of an original document. Before 77
127+submitting a document, the subscriber may redact any information 78
128+on a document which is not necessary to verify the eligibility 79
129+of the dependent. 80
130+ (g)(h) All documentation obtained by the contractor to 81
131+conduct the dependen t eligibility verification services must be 82
132+retained in accordance with the applicable records retention 83
133+schedule until June 30, 2019. The department or the contractor 84
134+is not required to retain such documentation after June 30, 85
135+2019, and shall destroy such documentation as soon as 86
136+practicable after such date. 87
137+ Section 2. This act shall take effect July 1, 2022. 88