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