Florida 2025 Regular Session

Florida House Bill H1605 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1605 2025
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to trust funds; creating s. 641.76, 2
16	16	F.S.; creating the Florida Health Fund for the Florida 3
17	17	Health Plan; providing for the administration of the 4
18	18	fund; providing for sources of funds and purpose; 5
19	19	requiring claims for health care services to b e made 6
20	20	to the fund; providing for disbursement from the fund; 7
21	21	providing for the accounts in the fund; requiring 8
22	22	moneys received by the fund to be paid to a specified 9
23	23	person; prohibiting such person from commingling the 10
24	24	funds with other moneys; requiring ne cessary waivers, 11
25	25	exemptions, agreements, and legislation to be obtained 12
26	26	for federal payments for the fund; providing for 13
27	27	future review and termination or re -creation of the 14
28	28	fund; amending s. 641.73, F.S.; defining the term 15
29	29	"fund"; amending s. 641.74, F.S.; providing 16
30	30	eligibility of certain retirees for the plan under 17
31	31	certain circumstances; amending s. 641.77, F.S.; 18
32	32	providing that the Florida Health Plan's 19
33	33	responsibility for providing health care is secondary 20
34	34	to existing Federal Government programs if funding for 21
35	35	these programs is not transferred to the fund; 22
36	36	amending s. 641.78, F.S.; requiring collateral sources 23
37	37	to pay a certain sum to the fund under certain 24
38	38	circumstances; amending s. 641.793, F.S.; providing 25
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40	40	HB 1605 2025
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47	47	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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49	49
50	50
51	51	duties of the Florida Health Board relating to the 26
52	52	fund; amending s. 641.796, F.S.; providing 27
53	53	applicability of the Code of Ethics for Public 28
54	54	Officers and Employees to the employees and the 29
55	55	director of the fund; amending s. 641.798, F.S.; 30
56	56	providing duties of the plan auditor relating to the 31
57	57	fund; providing an appropriation; providing a 32
58	58	contingent effective date. 33
59	59	34
60	60	Be It Enacted by the Legislature of the State of Florida: 35
61	61	36
62	62	Section 1. Section 641.76, Florida Statutes, is created to 37
63	63	read: 38
64	64	641.76 Florida Health Fund. — 39
65	65	(1) The Florida Health Fund, a r evolving fund, is 40
66	66	established under the jurisdiction and control of the Florida 41
67	67	Health Board to implement the Florida Health Plan and to receive 42
68	68	premiums and other sources of revenue. The fund shall be 43
69	69	administered by a director appointed by the board. 44
70	70	(a) All moneys collected, received, and transferred 45
71	71	according to this section shall be deposited in the fund. Moneys 46
72	72	deposited in the fund shall be used exclusively to finance the 47
73	73	plan. 48
74	74	(b) All claims for health care services rendered shall be 49
75	75	made to the fund. Payments made for health care services shall 50
76	76
77	77	HB 1605 2025
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79	79
80	80
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82	82	hb1605-00
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84	84	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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86	86
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88	88	be disbursed from the fund. 51
89	89	(c) Revenues collected each year must be sufficient to 52
90	90	cover that year's projected costs for the plan. 53
91	91	(2)(a) The fund shall have operating, capital, and reserve 54
92	92	accounts. 55
93	93	1. The operating account in the fund comprises the 56
94	94	following accounts: 57
95	95	a. Medical services account. The medical services account 58
96	96	must be used to provide for all medical services and benefits 59
97	97	covered under the plan. 60
98	98	b. Prevention account. The preventi on account must be used 61
99	99	to establish and maintain primary community prevention programs, 62
100	100	including preventive screening tests. 63
101	101	c. Program administration, evaluation, planning, and 64
102	102	assessment account. The program administration, evaluation, 65
103	103	planning, and assessment account must be used to monitor and 66
104	104	improve the plan's effectiveness and operations. The board may 67
105	105	establish grant programs, including demonstration projects, for 68
106	106	the account's purpose. 69
107	107	d. Training and development account. The training and 70
108	108	development account must be used to incentivize the training and 71
109	109	development of health care providers and the health care 72
110	110	workforce needed to meet the health care needs of the 73
111	111	population. 74
112	112	e. Health service research account. The health service 75
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121	121	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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123	123
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125	125	research account must be used to support research and innovation 76
126	126	as determined by the board and recommended by the Office of 77
127	127	Health Quality and Planning and the Ombudsman Office for Patient 78
128	128	Advocacy. 79
129	129	2. The capital account must be used to pay for capital 80
130	130	expenditures for institutional providers. 81
131	131	3. The reserve account must at all times hold an amount 82
132	132	estimated in the aggregate to provide for the payment of all 83
133	133	losses and claims for which the plan may be liable and to 84
134	134	provide for the expense of adjustment or sett lement of losses 85
135	135	and claims. 86
136	136	(b) Money currently held in reserve by state, city, and 87
137	137	county health programs must be transferred to the fund when the 88
138	138	plan replaces those programs. 89
139	139	(c) The board shall have provisions in place to insure the 90
140	140	plan against unforeseen expenditures or revenue shortfalls not 91
141	141	covered by the reserve account. The board may borrow money to 92
142	142	cover temporary shortfalls. 93
143	143	(3)(a) All moneys received by the fund shall be paid to 94
144	144	the Director of the Office of Finance and Budget as agent o f the 95
145	145	board, who may not commingle these funds with any other money. 96
146	146	The moneys in these accounts shall be paid out on warrants drawn 97
147	147	by the commissioner on requisition by the board. 98
148	148	(b) The fund shall be separate from the State Treasury. 99
149	149	The board shall manage the fund and has exclusive authority over 100
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156	156	hb1605-00
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158	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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160	160
161	161
162	162	the fund. 101
163	163	(4)(a) The board shall: 102
164	164	1. Determine the aggregate cost of providing health care 103
165	165	according to this part. 104
166	166	2. Coordinate with existing, ongoing funding sources from 105
167	167	federal and state programs. 106
168	168	(b) All federal funding received by this state shall be 107
169	169	appropriated to the fund to be used to administer the plan under 108
170	170	this part. Federal funding that is received for implementing and 109
171	171	administering the plan shall be used to provide health care for 110
172	172	residents of this state. 111
173	173	(c) The chief executive officer of the Florida Health Plan 112
174	174	and, if required under federal law, the Secretary of Commerce 113
175	175	shall seek waivers, exemptions, agreements, or legislation 114
176	176	necessary for all current federal payments to this s tate to be 115
177	177	sent directly to the fund. If any required waiver, exemption, 116
178	178	agreement, or legislation is obtained, the plan must assume 117
179	179	responsibility for all health care benefits and health care 118
180	180	services previously paid for with federal funds. In obtaining 119
181	181	the waivers, exemptions, agreements, or legislation, the chief 120
182	182	executive officer and, if required, the secretary shall seek 121
183	183	from the Federal Government a contribution for health care 122
184	184	services in this state which: 123
185	185	1. Reflects medical inflation, the state g ross domestic 124
186	186	product, the size and age of the population, the number of 125
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188	188	HB 1605 2025
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193	193	hb1605-00
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195	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
196	196
197	197
198	198
199	199	residents living below the poverty level, and the number of 126
200	200	individuals eligible for Medicare and veterans' benefits. 127
201	201	2. Does not decrease in relation to the federal 128
202	202	contribution to other states as a result of the waivers, 129
203	203	exemptions, agreements, or savings from implementation of the 130
204	204	plan. 131
205	205	(5) In accordance with s. 19(f)(2), Art. III of the State 132
206	206	Constitution, the Florida Health Fund shall, unless terminated 133
207	207	sooner, be terminated o n July 1, 2029. Before its scheduled 134
208	208	termination, the trust fund shall be reviewed as provided in s. 135
209	209	215.3206(1) and (2). 136
210	210	Section 2. Subsections (2) through (6) of section 641.73, 137
211	211	Florida Statutes, as created by HB 1603, 2025 Regular Session, 138
212	212	are renumbered as subsections (3) through (7), respectively, and 139
213	213	a new subsection (2) is added to that section, to read: 140
214	214	641.73 Definitions. —As used in this part, the term: 141
215	215	(2) "Fund" means the Florida Health Fund established in s. 142
216	216	641.76. 143
217	217	Section 3. Paragraph (f) of subsection (1) of section 144
218	218	641.74, Florida Statutes, as created by HB 1603, 2025 Regular 145
219	219	Session, is amended to read: 146
220	220	641.74 Eligibility for and enrollment in the Florida 147
221	221	Health Plan.— 148
222	222	(1) ELIGIBILITY.— 149
223	223	(f) All persons who are eligible for retiree health care 150
224	224
225	225	HB 1605 2025
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232	232	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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236	236	benefits under an employer -employee contract remain eligible for 151
237	237	those benefits if the contractually mandated payments for those 152
238	238	benefits are made to the Florida Health Fund. The fund must 153
239	239	assume financial responsibility for care provid ed under the 154
240	240	terms of the contract along with additional health benefits 155
241	241	covered by the plan. A retiree who is covered under the plan and 156
242	242	who elects to reside outside of this state is eligible for 157
243	243	benefits under the terms and conditions of the retiree's 158
244	244	employer-employee contract. 159
245	245	Section 4. Paragraph (c) of subsection (2) of section 160
246	246	641.77, Florida Statutes, as created by HB 1603, 2025 Regular 161
247	247	Session, is amended to read: 162
248	248	641.77 Federal preemption. — 163
249	249	(2) 164
250	250	(c) The Florida Health Plan's responsibility for providing 165
251	251	health care is secondary to existing Federal Government programs 166
252	252	for health care services to the extent that funding for these 167
253	253	programs is not transferred to the Florida Health Fund or that 168
254	254	the transfer is delayed beyond the date on which in itial 169
255	255	benefits are provided under the plan. 170
256	256	Section 5. Paragraph (a) of subsection (4) of section 171
257	257	641.78, Florida Statutes, as created by HB 1603, 2025 Regular 172
258	258	Session, is amended to read: 173
259	259	641.78 Subrogation. — 174
260	260	(4) If a person who receives health care services under 175
261	261
262	262	HB 1605 2025
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267	267	hb1605-00
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269	269	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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273	273	the plan is entitled to coverage, reimbursement, indemnity, or 176
274	274	other compensation from a collateral source, the person must 177
275	275	notify the health care provider and provide information 178
276	276	identifying the collateral source, the nature and extent of 179
277	277	coverage or entitlement, and other relevant information. The 180
278	278	health care provider shall forward this information to the 181
279	279	board. The person entitled to coverage, reimbursement, 182
280	280	indemnity, or other compensation from a collateral source must 183
281	281	provide additional information as requested by the board. 184
282	282	(a) The plan shall seek reimbursement from the collateral 185
283	283	source for services provided to the person and may take 186
284	284	appropriate action, including legal proceedings, to recover the 187
285	285	reimbursement. Upon demand, the collateral source shall pay to 188
286	286	the Florida Health Fund the sum that it would have paid or spent 189
287	287	on behalf of the person for the health care services provided by 190
288	288	the plan. 191
289	289	Section 6. Paragraphs (d) through (o) of subsection (3) of 192
290	290	section 641.793, Florida Statutes, as created by HB 1603, 2025 193
291	291	Regular Session, are redesignated as paragraphs (e) through (p) 194
292	292	of that subsection, subsection (1) is amended, a new paragraph 195
293	293	(d) is added to subsection (3), and paragraph (h) is added to 196
294	294	subsection (5) of that section, to read: 197
295	295	641.793 Florida Health Board .— 198
296	296	(1) By December 1, 2025, the Florida Health Board shall be 199
297	297	established to promote the delivery of high -quality, coordinated 200
298	298
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306	306	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
307	307
308	308
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310	310	health care services that enhance health; prevent illness, 201
311	311	disease, and disability; slow the progression of chronic 202
312	312	diseases; and improve personal health management. The board 203
313	313	shall administer the Florida Health Plan. The board shall 204
314	314	oversee: 205
315	315	(a) The Office of Health Quality and Planning established 206
316	316	in s. 641.795. 207
317	317	(b) The Florida Health Fund. 208
318	318	(3) The board shall: 209
319	319	(d) Hire a director for the Florida Health Fund, who must 210
320	320	take the oath described in paragraph (2)(b). 211
321	321	(5) The board has the following financial duties: 212
322	322	(h) Administer the Florida Health Fund , annually determine 213
323	323	the appropriate level for the plan reserve accoun t, and 214
324	324	implement policies needed to establish the appropriate reserve. 215
325	325	Section 7. Subsection (1) of section 641.796, Florida 216
326	326	Statutes, as created by HB 1603, 2025 Regular Session, is 217
327	327	amended to read: 218
328	328	641.796 Ethics and conflicts of interest; Conflict of 219
329	329	Interest Committee.— 220
330	330	(1) The Code of Ethics for Public Officers and Employees 221
331	331	under part III of chapter 112 applies to the employees and the 222
332	332	chief executive officer of the Florida Health Plan, the 223
333	333	employees and members of the Florida Health Board, th e employees 224
334	334	and members of the regional planning boards and the regional 225
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343	343	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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347	347	health planning directors, the employees and the director of the 226
348	348	Florida Health Fund, the employees and the director of the 227
349	349	Office of Health Quality and Planning, the employees and th e 228
350	350	ombudsman of the Ombudsman Office for Patient Advocacy, and the 229
351	351	auditor for the Florida Health Plan. Failure to comply with the 230
352	352	code of ethics under part III of chapter 112 is grounds for 231
353	353	disciplinary action, which may include termination of employment 232
354	354	or removal from the board. 233
355	355	Section 8. Paragraph (a) of subsection (2) of section 234
356	356	641.798, Florida Statutes, as created by HB 1603, 2025 Regular 235
357	357	Session, is amended to read: 236
358	358	641.798 Auditor for the Florida Health Plan. — 237
359	359	(2) The auditor for the Florid a Health Plan shall: 238
360	360	(a) Investigate, audit, and review the financial and 239
361	361	business records of the plan and the Florida Health Fund . 240
362	362	Section 9. For the 2025-2026 fiscal year, an adequate sum 241
363	363	is appropriated from the General Revenue Fund to the Florida 242
364	364	Health Fund under the Florida Health Plan to provide startup 243
365	365	funding for the provisions of this act and the immediate 244
366	366	establishment of an exploratory staff to pursue the foundation 245
367	367	of this act. 246
368	368	Section 10. This act shall take effect July 1, 2025, but 247
369	369	only if HB 1603 or similar legislation is adopted in the same 248
370	370	legislative session or an extension thereof and becomes a law. 249