Florida Statute 409.902 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 409.902

Total Results: 20

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-10-07

Snippet: cover Medicaid program expenses. See generally §§ 409.902, 409.908, and 409.963, Fla. Stat. (2019). In addition

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-10-07

Snippet: cover Medicaid program expenses. See generally §§ 409.902, 409.908, and 409.963, Fla. Stat. (2019). In addition

Q.H. c/o AMY HILL v. SUNSHINE STATE HEALTH PLAN, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-10-07

Snippet: cover Medicaid program expenses. See generally §§ 409.902, 409.908, and 409.963, Fla. Stat. (2019). In addition

Brandon L. Eady v. State of Florida, Agency For Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2019-09-12

Snippet: for administering Florida’s Medicaid program. § 409.902, Fla. Stat. Florida grants AHCA the right to be

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 270 So. 3d 488

Snippet: Medicaid payments for services rendered. See § 409.902(1), Fla. Stat. Historically, the Agency reimbursed

S. Baptist Hosp. of Fla. v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 270 So. 3d 488

Snippet: Medicaid payments for services rendered. See § 409.902(1), Fla. Stat. Historically, the Agency reimbursed

The Public Health Trust of Miami-Dade County, etc. v. Agency for Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Snippet: Medicaid payments for services rendered. See § 409.902(1), Fla. Stat. Historically, the Agency reimbursed

Lee Memorial Health System etc. v. State of Florida, Agency For Agency For Health etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 272 So. 3d 431

Snippet: legislation consistent with federal law. See §§ 409.902(2)(b), 409.904(4), Fla. Stat. Florida statutes

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-14

Citation: 263 So. 3d 817

Snippet: Agency for Health Care Administration (AHCA). See § 409.902(1), Fla. Stat. (2016). When a person receives Medicaid

Willoughby v. Agency for Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2017-03-10

Citation: 212 So. 3d 516, 2017 WL 945532, 2017 Fla. App. LEXIS 3214

Snippet: administers the Florida Medicaid program. See § 409.902, Fla. Stat. (2015). 2 . "Florida

Gabrielle Goodwin v. Florida Department of Children etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-04

Citation: 194 So. 3d 1042, 2016 WL 1295045, 2016 Fla. App. LEXIS 5171

Snippet: participants’ co-payment amounts. See § 409.902, Fla. Stat. (2011); Fla. Admin. Code R. 65A-1,7141

Thomas Saunders v. Florida Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2016-02-28

Citation: 185 So. 3d 1298, 2016 WL 764718

Snippet: responsible for making eligibility determinations. § 409.902, Fla. Stat. (2014). The State Medicaid program

Lutheran Services Florida, Inc. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2015-11-25

Citation: 199 So. 3d 286, 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

Snippet: state entity that determines ICP eligibility. § 409.902, Fla. Stat. (2013). The Department conducts periodic

J.W. v. Agency for Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2015-11-13

Citation: 178 So. 3d 542, 2015 Fla. App. LEXIS 17061

Snippet: Medicaid agency for Florida, see sections 409.901(2), 409. 902(1), Florida Statutes, DCF is responsible for conducting

AHCA v. Custom Mobility, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-09-04

Citation: 995 So. 2d 984, 2008 WL 4067312

Snippet: recouping overpayments made to Medicaid providers. §§ 409.902, 409.913, Fla. Stat. (2007). Appellee, Custom Mobility

Courts v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 2007-07-31

Citation: 965 So. 2d 154, 2007 WL 2174850

Snippet: services on behalf of eligible individuals. See § 409.902, Fla. Stat. (2005); see generally, Russell, 929

Russell v. Agency for Persons With Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2006-05-08

Citation: 929 So. 2d 601, 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

Snippet: services on behalf of eligible individuals. See § 409.902, Fla. Stat. (2005). Foster children, like Amber

Englich v. Agency for Healthcare Admin.

Court: District Court of Appeal of Florida | Date Filed: 2005-12-28

Citation: 916 So. 2d 994, 2005 WL 3533677

Snippet: under Title XIX of the Social Security Act. § 409.902, Fla. Stat. (1999); see 42 U.S.C. § 1396 (2000)

Strafford v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 2005-10-07

Citation: 915 So. 2d 643, 2005 WL 2467615

Snippet: expenses through Florida's Medicaid program. § 409.902. The Co-Personal Representatives the Decedent's

Humana Medical Plan, Inc. v. State, Agency for Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 2005-03-16

Citation: 898 So. 2d 1040, 2005 Fla. App. LEXIS 3456, 2005 WL 598365

Snippet: services on behalf of eligible individuals. See § 409.902-905, Fla. Stat. (2003). In the case before us,