Florida Senate - 2022 SB 7026 By the Committee on Governmental Oversight and Accountability 585-01998-22 20227026__ 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 110.12301, F.S.; 4 designating the Department of Management Services, 5 rather than the Division of State Group Insurance, as 6 the entity that contracts for dependent eligibility 7 verification services for the state group insurance 8 program; authorizing the department or the contractor 9 providing dependent eligibility verification services 10 to require certain information from subscribers; 11 deleting obsolete language; revising the types of 12 information that the department or a contractor 13 providing eligibility verification services may 14 require from subscribers in order to establish 15 dependent eligibility for the state group insurance 16 program; deleting a provision requiring the Division 17 of State Group Insurance and the contractor to 18 disclose to subscribers that dependent eligibility 19 verification information may be subject to disclosure 20 and inspection under public records laws under certain 21 circumstances; revising the records retention schedule 22 regarding documents obtained during the dependent 23 eligibility verification process; abrogating the 24 scheduled repeal of an exemption from public records 25 requirements for records collected for dependent 26 eligibility verification services for the state group 27 insurance program and held by the Department of 28 Management Services; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Subsection (2) of section 110.12301, Florida 33 Statutes, is amended to read: 34 110.12301Competitive procurement of postpayment claims 35 review services and dependent eligibility verification services; 36 public records exemption. 37 (2)The department Division of State Group Insurance is 38 directed to competitively procure a contract for dependent 39 eligibility verification services for the state group insurance 40 program; however, compensation under the contract may not exceed 41 historical claim costs for the prior 12 months for the dependent 42 populations disenrolled as a result of the contractors 43 services. 44 (a)1.By September 1, 2017, the division shall notify all 45 subscribers regarding the eligibility rules for dependents. 46 Through November 30, 2017, the division must hold subscribers 47 harmless for past claims of ineligible dependents if such 48 dependents are removed from plan membership before December 1, 49 2017. 50 2.Subparagraph 1. does not apply to any dependent 51 identified as ineligible before July 1, 2017, for which the 52 department has notified the state agency employing the 53 associated subscriber. 54 (b)The department or the contractor providing dependent 55 eligibility verification services may require request the 56 following information from subscribers: 57 1.To prove a spouses eligibility: 58 a.If married less than 12 months and the subscriber and 59 his or her spouse have not filed a joint federal income tax 60 return, a government-issued marriage certificate; or 61 b.If married for 12 or more months, a transcript of the 62 most recently filed federal income tax return; or 63 c.If the documentation specified in sub-subparagraph a. or 64 sub-subparagraph b. cannot be produced, an attestation of the 65 marriage by sworn affidavit consistent with s. 92.50. 66 2.To prove a biological childs or a newborn grandchilds 67 eligibility:, 68 a.A government-issued birth certificate; or 69 b.If a birth certificate cannot be produced, an 70 attestation of the subscriber-dependent relationship by sworn 71 affidavit consistent with s. 92.50. 72 3.To prove an adopted childs eligibility: 73 a.An adoption certificate; or 74 b.An adoption placement agreement and a petition for 75 adoption; or. 76 c.If the documentation specified in sub-subparagraph a. or 77 sub-subparagraph b. cannot be produced, an attestation of the 78 subscriber-dependent relationship by sworn affidavit consistent 79 with s. 92.50. 80 4.To prove a stepchilds eligibility: 81 a.A government-issued birth certificate for the stepchild; 82 and 83 b.The transcript of the subscribers most recently filed 84 federal income tax return. 85 5.To prove a childs eligibility under a guardianship, a 86 copy of the court order naming the subscriber or the 87 subscribers spouse as the childs legal guardian or custodian 88 Any other information necessary to verify the dependents 89 eligibility for enrollment in the state group insurance program. 90 6.To prove a foster childs eligibility, a copy of the 91 records showing the subscriber or the subscribers spouse as the 92 dependents foster parent. 93 7.To prove eligibility of an unmarried child age 26 to 30: 94 a.A copy of the childs government-issued birth 95 certificate or adoption certificate naming the subscriber or the 96 subscribers spouse as the childs parent, or a copy of the 97 court order naming the subscriber or the subscribers spouse as 98 the childs legal guardian or custodian; 99 b.A copy of the Certification of Over-Age Dependent 100 Eligibility Form; and 101 c.A document confirming the childs current enrollment as 102 a student, including the name of the child, the name of the 103 school, and the school term; or a bill or statement in the 104 childs name which is dated within the past 60 days and is 105 mailed to the child at a Florida address. 106 8.To prove eligibility for a disabled child age 26 or 107 older: 108 a.A copy of the childs government-issued birth 109 certificate or adoption certificate naming the subscriber or the 110 subscribers spouse as the childs parent, or a copy of the 111 court order naming the subscriber or the subscribers spouse as 112 the childs legal guardian or custodian; and 113 b.A copy of the subscribers most recent federal income 114 tax return listing the childs name and the last four digits of 115 the childs social security number and identifying the child as 116 the subscribers dependent for tax purposes 117 (c)If a document requested from a subscriber is not 118 confidential or exempt from public records requirements, the 119 division and the contractor shall disclose to all subscribers 120 that such information submitted to verify the eligibility of 121 dependents may be subject to disclosure and inspection under 122 chapter 119. 123 (b)(d)A government-issued marriage license or marriage 124 certificate submitted for dependent eligibility verification 125 must include the date of the marriage between the subscriber and 126 the spouse. 127 (c)(e)A government-issued birth certificate submitted for 128 dependent eligibility verification must list the parents names. 129 (d)(f)Foreign-born subscribers unable to obtain the 130 necessary documentation within the specified time period of 131 producing verification documentation may provide a sworn execute 132 a signed affidavit consistent with s. 92.50 attesting to 133 eligibility requirements. 134 (e)(g)Documentation submitted to verify eligibility may be 135 an original or a photocopy of an original document. Before 136 submitting a document, the subscriber may redact any information 137 on a document which is not necessary to verify the eligibility 138 of the dependent. 139 (f)(h)All documentation obtained by the department 140 contractor to conduct the dependent eligibility verification 141 services must be retained in accordance with the applicable 142 records retention schedule until June 30, 2019. The department 143 or the contractor is not required to retain such documentation 144 after June 30, 2019, and shall destroy such documentation as 145 soon as practicable after such date. 146 (3)Records collected for purposes of dependent eligibility 147 verification services conducted for the state group insurance 148 program, as authorized under subsection (2), and held by the 149 department are confidential and exempt from s. 119.07(1) and s. 150 24(a), Art. I of the State Constitution. This subsection does 151 not apply to records that are otherwise open for inspection and 152 copying which are held by the department for purposes other than 153 for the performance of dependent eligibility verification 154 services. This subsection is subject to the Open Government 155 Sunset Review Act in accordance with s. 119.15 and shall stand 156 repealed on October 2, 2022, unless reviewed and saved from 157 repeal through reenactment by the Legislature. 158 Section 2.This act shall take effect July 1, 2022.