CS/CS/HB 1443 2022
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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
A bill to be entitled 1
An act relating to a review under the Open Government 2
Sunset Review Act; amending s. 110.12301, F.S.; 3
designating the Department of Management Services, 4
rather than the Division of State Group Insurance, as 5
the entity required to contract for certain services 6
for the state group insurance program; authorizing the 7
department or contractor to require certain 8
information from subscribers; revising the type of 9
information the department or contractor may require 10
from subscribers for verifying dependent eligibility; 11
removing obsolete language; revising the retention 12
requirements for certain documentation; providing an 13
effective date. 14
15
Be It Enacted by the Legislatu re of the State of Florida: 16
17
Section 1. Subsection (2) of section 110.12301, Florida 18
Statutes, is amended to read: 19
110.12301 Competitive procurement of postpayment claims 20
review services and dependent eligibility verification services; 21
public records exemption.— 22
(2) The department Division of State Group Insurance is 23
directed to competitively procure a contract for dependent 24
eligibility verification services for the state group insurance 25
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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
program; however, compensation under the contract may not exce ed 26
historical claim costs for the prior 12 months for the dependent 27
populations disenrolled as a result of the contractor's 28
services. 29
(a)1. By September 1, 2017, the division shall notify all 30
subscribers regarding the eligibility rules for dependents. 31
Through November 30, 2017, the division must hold subscribers 32
harmless for past claims of ineligible dependents if such 33
dependents are removed from plan membership before December 1, 34
2017. 35
2. Subparagraph 1. does not apply to any dependent 36
identified as ineligible before July 1, 2017, for which the 37
department has notified the state agency employing the 38
associated subscriber. 39
(a)(b) The department or the contractor providing 40
dependent eligibility verification services may require request 41
the following information from subscribers: 42
1. To prove a spouse's eligibility: 43
a. If married fewer less than 12 months and the subscriber 44
and his or her spouse have not filed a joint federal income tax 45
return, a copy of a government-issued marriage certificate; or 46
b. If married for 12 or more months, a copy of the 47
transcript of the most recently filed federal income tax return ; 48
or 49
c. If the documentation specified in sub -subparagraph a. 50
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or sub-subparagraph b. cannot be produced, an attestation of the 51
marriage by sworn affidavit consistent with s. 92.50 . 52
2. To prove a biological child's or a newborn grandchild's 53
eligibility:, 54
a. A copy of a government-issued birth certificate ; or 55
b. If a government-issued birth certificate cannot be 56
produced, an attestation of the subscriber-dependent 57
relationship by sworn affidavit consistent with s. 92.50 . 58
3. To prove an adopted child's eligibility: 59
a. A copy of an adoption certificate; or 60
b. A copy of an adoption placement agreement and a 61
petition for adoption ; or 62
c. If the documentation specified in sub -subparagraph a. 63
or sub-subparagraph b. cannot be produced, an attestation of the 64
subscriber-dependent relationship by sworn affidavit consistent 65
with s. 92.50. 66
4. To prove a stepchild's eligibility , both of the 67
following: 68
a. A copy of a government-issued birth certificate for the 69
stepchild.; and 70
b. A copy of the transcript of the subscriber's most 71
recently filed federal income tax return. 72
5. To prove a child's eligibility under guardianship, a 73
copy of the court order naming the subscriber or the 74
subscriber's spouse as the child's legal guardian or custodian 75
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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
Any other information necessary to verify the dependent's 76
eligibility for enrollment in the state group insurance program . 77
6. To prove a foster child's elig ibility, a copy of the 78
records showing the subscriber or the subscriber's spouse as the 79
child's foster parent. 80
7. To prove eligibility of an unmarried child who is at 81
least 26 but not more than 30 years of age, all of the 82
following: 83
a. A copy of the ch ild's government-issued birth 84
certificate or adoption certificate naming the subscriber or the 85
subscriber's spouse as the child's parent, or a copy of the 86
court order naming the subscriber or the subscriber's spouse as 87
the child's legal guardian or custodi an. 88
b. A copy of a completed Certification of Over -Age 89
Dependent Eligibility Form. 90
c. A document confirming the child's current enrollment as 91
a student, including the name of the child, the name of the 92
school where the child is enrolled, and the school term in which 93
the child is enrolled, or a bill or statement in the child's 94
name that is dated within the last 60 days and is mailed to the 95
child at an address in the state. 96
8. To prove eligibility of a disabled child who is at 97
least 26 years of age or older, both of the following: 98
a. A copy of the child's government -issued birth 99
certificate or adoption certificate naming the subscriber or the 100
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subscriber's spouse as the child's parent, or a copy of the 101
court order naming the subscriber or the subscribe r's spouse as 102
the child's legal guardian or custodian. 103
b. A copy of the subscriber's or the subscriber's spouse's 104
most recently filed federal income tax return listing the 105
child's name and the last four digits of the child's social 106
security number and id entifying the child as the subscriber's or 107
the subscriber's spouse's dependent for tax purposes. 108
(b)(c) If a document requested from a subscriber is not 109
confidential or exempt from public records requirements, the 110
division and the contractor shall disclo se to all subscribers 111
that such information submitted to verify the eligibility of 112
dependents may be subject to disclosure and inspection under 113
chapter 119. 114
(c)(d) A government-issued marriage license or marriage 115
certificate submitted for dependent eligi bility verification 116
must include the date of the marriage between the subscriber and 117
the spouse. 118
(d)(e) A government-issued birth certificate submitted for 119
dependent eligibility verification must list the parents' names. 120
(e)(f) Foreign-born subscribers unable to obtain the 121
necessary documentation within the specified time period of 122
producing verification documentation may provide a sworn execute 123
a signed affidavit consistent with s. 92.50 attesting to 124
eligibility requirements. 125
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(f)(g) Documentation submitted to verify eligibility may 126
be an original or a photocopy of an original document. Before 127
submitting a document, the subscriber may redact any information 128
on a document which is not necessary to verify the eligibility 129
of the dependent. 130
(g)(h) All documentation obtained by the department or 131
contractor to conduct the dependent eligibility verification 132
services must be retained in accordance with the applicable 133
records retention schedule until June 30, 2019. The department 134
or the contractor is not requi red to retain such documentation 135
after June 30, 2019, and shall destroy such documentation as 136
soon as practicable after such date. 137
Section 2. This act shall take effect July 1, 2022. 138