The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.902

409.902 Designated single state agency; payment requirements; program title; release of medical records.—

(1) The Agency for Health Care Administration is designated as the single state agency authorized to make payments for medical assistance and related services under Title XIX of the Social Security Act. These payments shall be made, subject to any limitations or directions provided for in the General Appropriations Act, only for services included in the program, shall be made only on behalf of eligible individuals, and shall be made only to qualified providers in accordance with federal requirements for Title XIX of the Social Security Act and the provisions of state law. This program of medical assistance is designated the “Medicaid program.” The Department of Children and Families is responsible for Medicaid eligibility determinations, including, but not limited to, policy, rules, and the agreement with the Social Security Administration for Medicaid eligibility determinations for Supplemental Security Income recipients, as well as the actual determination of eligibility. As a condition of Medicaid eligibility, subject to federal approval, the Agency for Health Care Administration and the Department of Children and Families shall ensure that each recipient of Medicaid consents to the release of her or his medical records to the Agency for Health Care Administration and the Medicaid Fraud Control Unit of the Department of Legal Affairs.

(2) Eligibility is restricted to United States citizens and to lawfully admitted noncitizens who meet the criteria provided in s. 414.095(3).

(a) Citizenship or immigration status must be verified. For noncitizens, this includes verification of the validity of documents with the United States Citizenship and Immigration Services using the federal SAVE verification process.

(b) State funds may not be used to provide medical services to individuals who do not meet the requirements of this subsection unless the services are necessary to treat an emergency medical condition or are for pregnant women. Such services are authorized only to the extent provided under federal law and in accordance with federal regulations as provided in 42 C.F.R. s. 440.255.

(3) To the extent that funds are appropriated, the department shall collaborate with the Agency for Health Care Administration to develop an Internet-based system that is modular, interoperable, and scalable for eligibility determination for Medicaid and the Children’s Health Insurance Program (CHIP) that complies with all applicable federal and state laws and requirements.

(4) The system shall accomplish the following primary business objectives:

(a) Provide individuals and families with a single point of access to information that explains benefits, premiums, and cost sharing available through Medicaid, the Children’s Health Insurance Program, or any other state or federal health insurance exchange.

(b) Enable timely, accurate, and efficient enrollment of eligible persons into available assistance programs.

(d) Allow for detailed financial analysis of eligibility-based cost drivers.

(5) The system shall include, but is not limited to, the following business and functional requirements:

(a) Allow for the completion and submission of an online application for eligibility determination that accepts the use of electronic signatures.

(b) Include a process that enables automatic enrollment of qualified individuals in Medicaid, the Children’s Health Insurance Program, or any other state or federal exchange that offers cost-sharing benefits for the purchase of health insurance.

(c) Allow for the determination of Medicaid eligibility based on modified adjusted gross income by using information submitted in the application and information accessed and verified through automated and secure interfaces with authorized databases.

(d) Include the ability to determine specific categories of Medicaid eligibility and interfaces with the Florida Medicaid Management Information System to support a determination, using federally approved assessment methodologies, of state and federal financial participation rates for persons in each eligibility category.

(e) Allow for the accurate and timely processing of eligibility claims and adjudications.

(f) Align with and incorporate all applicable state and federal laws, requirements, and standards to include the information technology security requirements established pursuant to s. 282.318 and the accessibility standards established under part II of chapter 282.

(g) Produce transaction data, reports, and performance information that contribute to an evaluation of the program, continuous improvement in business operations, and increased transparency and accountability.

(6) The department shall develop the system, subject to the approval by the Legislative Budget Commission and as required by the General Appropriations Act for the 2012-2013 fiscal year.

(7) The system must be completed by October 1, 2013, and ready for implementation by January 1, 2014.

(8) The department shall implement the following project governance structure until the system is implemented:

(a) The Secretary of Children and Families shall have overall responsibility for the project.

(b) The project shall be governed by an executive steering committee composed of three department staff members appointed by the Secretary of Children and Families; three agency staff members, including at least two state Medicaid program staff members, appointed by the Secretary of the Agency for Health Care Administration; one staff member from Children’s Medical Services within the Department of Health appointed by the Surgeon General; and a representative from the Florida Healthy Kids Corporation.

(c) The executive steering committee shall have the overall responsibility for ensuring that the project meets its primary business objectives and shall:

1. Provide management direction and support to the project management team.

2. Review and approve any changes to the project’s scope, schedule, and budget.

3. Review, approve, and determine whether to proceed with any major deliverable project.

4. Recommend suspension or termination of the project to the Governor, the President of the Senate, and the Speaker of the House of Representatives if the committee determines that the primary business objectives cannot be achieved.

(d) A project management team shall be appointed by and work under the direction of the executive steering committee. The project management team shall:

1. Provide planning, management, and oversight of the project.

2. Submit an operational work plan and provide quarterly updates to the plan to the executive steering committee. The plan must specify project milestones, deliverables, and expenditures.

3. Submit written monthly project status reports to the executive steering committee.

History.—s. 31, ch. 91-282; s. 2, ch. 95-393; s. 12, ch. 2000-163; s. 49, ch. 2000-256; s. 15, ch. 2002-400; s. 32, ch. 2011-135; s. 4, ch. 2012-33; s. 202, ch. 2014-19.

F.S. 409.902 on Google Scholar

F.S. 409.902 on Casetext

Amendments to 409.902

Arrestable Offenses / Crimes under Fla. Stat. 409.902

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.902.

Annotations, Discussions, Cases:

Cases from cite.case.law:

. . . See § 409.902(1), Fla. Stat. . . . in Chapter 409, Florida Statutes, subject to the limitations or directions enumerated in the GAAs. § 409.902 . . .

LEE MEMORIAL HEALTH SYSTEM GULF COAST MEDICAL CENTER, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 272 So. 3d 431 (Fla. App. Ct. 2019)

. . . See §§ 409.902(2)(b), 409.904(4), Fla. Stat. . . . Florida law designates DCF as responsible for determining eligibility for Medicaid. § 409.902(1), Fla . . . The Agency "is designated as the single state agency authorized to make payments" under Medicaid. § 409.902 . . . determine the medical necessity of the services rendered to treat the emergency medical condition. § 409.902 . . .

AL BATHA, Al v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 263 So. 3d 817 (Fla. App. Ct. 2019)

. . . See § 409.902(1), Fla. Stat. (2016). . . .

R. WILLOUGHBY, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 212 So. 3d 516 (Fla. Dist. Ct. App. 2017)

. . . See § 409.902, Fla. Stat. (2015). . . . .

GOODWIN, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, 194 So. 3d 1042 (Fla. Dist. Ct. App. 2016)

. . . See § 409.902, Fla. Stat. (2011); Fla. Admin. Code R. 65A-1,7141. . . .

SAUNDERS, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 185 So. 3d 1298 (Fla. Dist. Ct. App. 2016)

. . . . § 409.902, Fla. Stat. (2014). . . .

LUTHERAN SERVICES FLORIDA, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 199 So. 3d 286 (Fla. Dist. Ct. App. 2015)

. . . . § 409.902, Fla. Stat. (2013). The Department conducts periodic reviews to determine Mr. . . .

J. W. c o v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 178 So. 3d 542 (Fla. Dist. Ct. App. 2015)

. . . See §§ 409.285, 409.902(1), Fla. Stat.; Fla. Admin. Code R. 65-2.042 et seq. . . .

GARRIDO, K. G. v. DUDEK,, 731 F.3d 1152 (11th Cir. 2013)

. . . . §§ 409.901(2), 409.902. . . .

K. G. GARRIDO, v. DUDEK,, 839 F. Supp. 2d 1254 (S.D. Fla. 2011)

. . . . §§ 409.901(14), 409.902 (2011). . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. CUSTOM MOBILITY, INC., 995 So. 2d 984 (Fla. Dist. Ct. App. 2008)

. . . . §§ 409.902, 409.913, Fla. Stat. (2007). Appellee, Custom Mobility, is a Medicaid provider. . . .

COURTS, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 965 So. 2d 154 (Fla. Dist. Ct. App. 2007)

. . . See § 409.902, Fla. Stat. (2005); see generally, Russell, 929 So.2d at 602-03. . . .

RUSSELL, v. AGENCY FOR PERSONS WITH DISABILITIES,, 929 So. 2d 601 (Fla. Dist. Ct. App. 2006)

. . . See § 409.902, Fla. Stat. (2005). . . .

EDMONDS, v. LEVINE,, 417 F. Supp. 2d 1323 (S.D. Fla. 2006)

. . . . §§ 409.901(14), 409.902 (2004). . . .

ENGLICH, v. AGENCY FOR HEALTHCARE ADMINISTRATION,, 916 So. 2d 994 (Fla. Dist. Ct. App. 2005)

. . . . § 409.902, Fla. Stat., (1999); see 42 U.S.C. § 1396 (2000). . . . . § 409.902, Fla. Stat. (1999). . . .

E. STRAFFORD C. Co- E. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 915 So. 2d 643 (Fla. Dist. Ct. App. 2005)

. . . . § 409.902. . . .

HUMANA MEDICAL PLAN, INC. v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 898 So. 2d 1040 (Fla. Dist. Ct. App. 2005)

. . . See § 409.902-905, Fla. Stat. (2003). . . .

A CHOICE FOR WOMEN, INC. M. D. v. FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,, 872 So. 2d 970 (Fla. Dist. Ct. App. 2004)

. . . The rules were implemented pursuant to section 409.902, Florida Statutes (2000) which authorizes the . . .

MAXSON, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 869 So. 2d 653 (Fla. Dist. Ct. App. 2004)

. . . See § 409.902, Fla. Stat. (2002). . . .

COMMUNITY HEALTHCARE CENTERONE, INC. CHC n k a v. STATE, 852 So. 2d 322 (Fla. Dist. Ct. App. 2003)

. . . The State has cited section 409.902, Florida Statutes, which provides: As a condition of Medicaid eligibility . . .

BROOKWOOD- WALTON COUNTY CONVALESCENT CENTER v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 845 So. 2d 223 (Fla. Dist. Ct. App. 2003)

. . . . § 409.902, Fla. Stat. (2001). . . .

M. HARUN, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 837 So. 2d 537 (Fla. Dist. Ct. App. 2003)

. . . Section 409.902, Florida Statutes (2001), assigns the responsibility of determining Medicaid eligibility . . .

HERNANDEZ, v. Dr. MEDOWS,, 209 F.R.D. 665 (S.D. Fla. 2002)

. . . . §§ 409.901(14) & 409.902, Florida Statutes. . . .

RENEE B. v. FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,, 790 So. 2d 1036 (Fla. 2001)

. . . See § 409.902, Fla. Stat. (2000). . . . Section 409.902 provides that state Medicaid payments “shall be made, subject to any limitations-or directions . . .

STATE AGENCY FOR HEALTH CARE ADMINISTRATION, v. WILSON,, 782 So. 2d 977 (Fla. Dist. Ct. App. 2001)

. . . See § 409.902, Fla. Stat. (1999). . . .

RENEE B. S. D. s s d b a s d b a d b a s s M. D. M. D. v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 756 So. 2d 218 (Fla. Dist. Ct. App. 2000)

. . . It appears that our State, via section. 409.902, .Florida Statutes, has elected to fund only those services . . .

MEDICAID, PROGRAM INTEGRITY, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CONVAL- CARE, INC. a, 636 So. 2d 117 (Fla. Dist. Ct. App. 1994)

. . . . § 409.902, Fla.Stat. (1991). . . .