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