Florida SB 1490: Children’s Medical Services Program

Bill Text

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An act relating to the Children’s Medical Services 2
program; transferring operation of the Children’s 3
Medical Services Managed Care Plan from the Department 4
of Health to the Agency for Health Care 5
Administration, effective on a specified date; 6
providing construction as to judicial and 7
administrative actions pending as of a specified date 8
and time; requiring the department’s Children’s 9
Medical Services (CMS) program to collaborate with the 10
agency in the care of children and youth with special 11
health care needs; requiring the CMS program to 12
conduct certain clinical eligibility screenings and 13
provide ongoing consultation to the agency for a 14
specified purpose; amending s. 409.974, F.S.; 15
requiring the CMS program to transfer operation of 16
certain managed care contracts from the department to 17
the agency effective on a specified date; requiring 18
the CMS program to conduct clinical eligibility 19
screening for certain children and youth with special 20
health care needs; requiring the program to provide 21
ongoing consultation to the agency for a specified 22
purpose; requiring the agency to establish specific 23
measures for evaluation of services provided to 24
children and youth with special health care needs; 25
requiring the agency to contract with an independent 26
evaluator to conduct the evaluation of services 27
provided; specifying requirements for the evaluation; 28
requiring the agency to submit the results of the 29

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evaluation to the Governor and the Legislature by a 30
specified date; amending s. 391.016, F.S.; revising 31
the purposes and functions of the CMS program; 32
amending s. 391.021, F.S.; revising definitions; 33
amending s. 391.025, F.S.; revising the scope of the 34
CMS program; amending s. 391.026, F.S.; revising the 35
powers and duties of the department to conform to 36
changes made by the act; providing for the future 37
repeal of s. 391.026(8) through (11), F.S., relating 38
to the department’s oversight and administration of 39
the CMS program; repealing s. 391.028, F.S., relating 40
to administration of the program; amending s. 391.029, 41
F.S.; revising program eligibility requirements; 42
conforming provisions to changes made by the act; 43
amending s. 391.0315, F.S.; conforming provisions to 44
changes made by the act; providing for future repeal 45
of specified provisions; repealing ss. 391.035, 46
391.037, 391.045, 391.047, 391.055, and 391.071, F.S., 47
relating to provider qualifications, physicians and 48
private sector services, provider reimbursements, 49
third-party payments, service delivery systems under 50
the program, and quality of care requirements, 51
respectively; amending s. 391.097, F.S.; conforming a 52
provision to changes made by the act; repealing part 53
II of ch. 391, F.S., consisting of ss. 391.221 and 54
391.223, F.S., relating to Children’s Medical Services 55
councils and panels; amending ss. 409.166, 409.811, 56
409.813, 409.8134, 409.814, 409.815, 409.8177, 57
409.818, 409.912, 409.9126, 409.9131, 409.920, and 58

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409.962, F.S.; conforming provisions to changes made 59
by the act; requiring the agency to develop a 60
comprehensive plan to redesign the Florida Medicaid 61
Model Waiver for home and community-based services to 62
include children who receive private duty nursing 63
services; providing requirements for the redesign of 64
the waiver plan; requiring the agency to submit a 65
report to the Governor and the Legislature by a 66
specified date; providing requirements for the report; 67
providing effective dates. 68
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Be It Enacted by the Legislature of the State of Florida: 70
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Section 1. Transfer of operation of the Children’s Medical 72
Services Managed Care Plan.— 73
(1) Effective July 1, 2025, all statutory powers, duties, 74
functions, records, personnel, pending issues, existing 75
contracts, administrative authority, administrative rules, and 76
unexpended balances of appropriations, allocations, and other 77
funds for the operation of the Department of Health’s Children’s 78
Medical Services Managed Care Plan are transferred to the Agency 79
for Health Care Administration. 80
(2) The transfer of operations of the Children’s Medical 81
Services Managed Care Plan does not affect the validity of any 82
judicial or administrative action pending as of 11:59 p.m. on 83
the day before the effective date of the transfer to which the 84
Department of Health’s Children’s Medical Services Managed Care 85
Plan is at that time a party, and the Agency for Health Care 86
Administratio