Bill Text: FL S7026 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: OGSR/Dependent Eligibility Verification Services
Spectrum: Committee Bill
Status: (Passed) 2022-06-01 - Chapter No. 2022-145 [S7026 Detail]
Download: Florida-2022-S7026-Introduced.html
Bill Title: OGSR/Dependent Eligibility Verification Services
Spectrum: Committee Bill
Status: (Passed) 2022-06-01 - Chapter No. 2022-145 [S7026 Detail]
Download: Florida-2022-S7026-Introduced.html
Florida Senate - 2022 SB 7026 By the Committee on Governmental Oversight and Accountability 585-01998-22 20227026__ 1 A bill to be entitled 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; abrogating the 24 scheduled repeal of an exemption from public records 25 requirements for records collected for dependent 26 eligibility verification services for the state group 27 insurance program and held by the Department of 28 Management Services; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (2) of section 110.12301, Florida 33 Statutes, is amended to read: 34 110.12301 Competitive procurement of postpayment claims 35 review services and dependent eligibility verification services; 36 public records exemption.— 37 (2) The departmentDivision of State Group Insuranceis 38 directed tocompetitively procure acontract for dependent 39 eligibility verification services for the state group insurance 40 program; however, compensation under the contract may not exceed41historical claim costs for the prior 12 months for the dependent42populations disenrolled as a result of the contractor’s43services. 44 (a)1. By September 1, 2017, the division shall notify all45subscribers regarding the eligibility rules for dependents.46Through November 30, 2017, the division must hold subscribers47harmless for past claims of ineligible dependents if such48dependents are removed from plan membership before December 1,492017.502. Subparagraph 1. does not apply to any dependent51identified as ineligible before July 1, 2017, for which the52department has notified the state agency employing the53associated subscriber.54(b)The department or the contractor providing dependent 55 eligibility verification services may requirerequestthe 56 following information from subscribers: 57 1. To prove a spouse’s eligibility: 58 a. If married less than 12 months and the subscriber and 59 his or her spouse have not filed a joint federal income tax 60 return, a government-issued marriage certificate;or61 b. If married for 12 or more months, a transcript of the 62 most recently filed federal income tax return; or 63 c. If the documentation specified in sub-subparagraph a. or 64 sub-subparagraph b. cannot be produced, an attestation of the 65 marriage by sworn affidavit consistent with s. 92.50. 66 2. To prove a biological child’s or a newborn grandchild’s 67 eligibility:,68 a. A government-issued birth certificate; or 69 b. If a birth certificate cannot be produced, an 70 attestation of the subscriber-dependent relationship by sworn 71 affidavit consistent with s. 92.50. 72 3. To prove an adopted child’s eligibility: 73 a. An adoption certificate;or74 b. An adoption placement agreement and a petition for 75 adoption; or.76 c. If the documentation specified in sub-subparagraph a. or 77 sub-subparagraph b. cannot be produced, an attestation of the 78 subscriber-dependent relationship by sworn affidavit consistent 79 with s. 92.50. 80 4. To prove a stepchild’s eligibility: 81 a. A government-issued birth certificate for the stepchild; 82 and 83 b. The transcript of the subscriber’s most recently filed 84 federal income tax return. 85 5. To prove a child’s eligibility under a guardianship, a 86 copy of the court order naming the subscriber or the 87 subscriber’s spouse as the child’s legal guardian or custodian 88Any other information necessary to verify the dependent’s89eligibility for enrollment in the state group insurance program. 90 6. To prove a foster child’s eligibility, a copy of the 91 records showing the subscriber or the subscriber’s spouse as the 92 dependent’s foster parent. 93 7. To prove eligibility of an unmarried child age 26 to 30: 94 a. A copy of the child’s government-issued birth 95 certificate or adoption certificate naming the subscriber or the 96 subscriber’s spouse as the child’s parent, or a copy of the 97 court order naming the subscriber or the subscriber’s spouse as 98 the child’s legal guardian or custodian; 99 b. A copy of the Certification of Over-Age Dependent 100 Eligibility Form; and 101 c. A document confirming the child’s current enrollment as 102 a student, including the name of the child, the name of the 103 school, and the school term; or a bill or statement in the 104 child’s name which is dated within the past 60 days and is 105 mailed to the child at a Florida address. 106 8. To prove eligibility for a disabled child age 26 or 107 older: 108 a. A copy of the child’s government-issued birth 109 certificate or adoption certificate naming the subscriber or the 110 subscriber’s spouse as the child’s parent, or a copy of the 111 court order naming the subscriber or the subscriber’s spouse as 112 the child’s legal guardian or custodian; and 113 b. A copy of the subscriber’s most recent federal income 114 tax return listing the child’s name and the last four digits of 115 the child’s social security number and identifying the child as 116 the subscriber’s dependent for tax purposes 117(c) If a document requested from a subscriber is not118confidential or exempt from public records requirements, the119division and the contractor shall disclose to all subscribers120that such information submitted to verify the eligibility of121dependents may be subject to disclosure and inspection under122chapter 119. 123 (b)(d)A government-issued marriage license or marriage 124 certificate submitted for dependent eligibility verification 125 must include the date of the marriage between the subscriber and 126 the spouse. 127 (c)(e)A government-issued birth certificate submitted for 128 dependent eligibility verification must list the parents’ names. 129 (d)(f)Foreign-born subscribers unable to obtain the 130 necessary documentation within the specified time period of 131 producing verification documentation may provide a swornexecute132a signedaffidavit consistent with s. 92.50 attesting to 133 eligibility requirements. 134 (e)(g)Documentation submitted to verify eligibility may be 135 an original or a photocopy of an original document. Before 136 submitting a document, the subscriber may redact any information 137 on a document which is not necessary to verify the eligibility 138 of the dependent. 139 (f)(h)All documentation obtained by the department 140contractorto conduct the dependent eligibility verification 141 services must be retained in accordance with the applicable 142 records retention scheduleuntil June 30, 2019. The department143or the contractor is not required to retain such documentation144after June 30, 2019, and shall destroy such documentation as145soon as practicable after such date. 146 (3) Records collected for purposes of dependent eligibility 147 verification services conducted for the state group insurance 148 program, as authorized under subsection (2), and held by the 149 department are confidential and exempt from s. 119.07(1) and s. 150 24(a), Art. I of the State Constitution. This subsection does 151 not apply to records that are otherwise open for inspection and 152 copying which are held by the department for purposes other than 153 for the performance of dependent eligibility verification 154 services.This subsection is subject to the Open Government155Sunset Review Act in accordance with s. 119.15 and shall stand156repealed on October 2, 2022, unless reviewed and saved from157repeal through reenactment by the Legislature.158 Section 2. This act shall take effect July 1, 2022.