Florida Senate - 2022 SB 7026 By the Committee on Governmental Oversight and Accountability 585-01998-22 20227026__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to a review under the Open Government 2 Sunset Review Act; amending s. 110.12301, F.S.; 3 designating the Department of Management Services, 4 rather than the Division of State Group Insurance, as 5 the entity that contracts for dependent eligibili ty 6 verification services for the state group insurance 7 program; authorizing the department or the contractor 8 providing dependent eligibility verification services 9 to require certain information from subscribers; 10 deleting obsolete language; revising the types of 11 information that the department or a contractor 12 providing eligibility verification services may 13 require from subscribers in order to establish 14 dependent eligibility for the state group insurance 15 program; deleting a provision requiring the Division 16 of State Group Insurance and the contractor to 17 disclose to subscribers that dependent eligibility 18 verification information may be subject to disclosure 19 and inspection under public records laws under certain 20 circumstances; revising the records retention

schedule 21 regarding documents obtained during the dependent 22 eligibility verification process; abrogating the 23 scheduled repeal of an exemption from public records 24 requirements for records collected for dependent 25 eligibility verification services for the state gro up 26 insurance program and held by the Department of 27 Management Services; providing an effective date. 28 29

Florida Senate - 2022 SB 7026 585-01998-22 20227026__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31

Section 1. Subsection (2) of

section 110.12301, Florida 32 Statutes, is amended to read: 33 110.12301 Competitive procurement of postpayment claims 34 review services and dependent eligibility verification services; 35 public records exemption.— 36

(2) The department Division of State Group Insurance is 37 directed to competitively procure a contract for dependent 38 eligibility verification services for the state group insurance 39 program; however, compensation under the contract may not exceed 40 historical claim costs for the prior 12 months for the dependent 41 populations disenrolled as a result of the contractor’s 42 services. 43 (a)1.

By September 1, 2017, the division shall notify all 44 subscribers regarding the eligibility rules for dependents. 45 Through November 30, 2017, the division must hold subscribers 46 harmless for past claims of ineligible dependents if such 47 dependents are removed from plan membership before December 1, 48 2017. 49 2. Subparagraph 1. does not apply to any dependent 50 identified as ineligible before July 1, 2017, for which the 51 department has notified the state agency employing the 52 associated subscriber. 53 (

b) The department or the contractor providing dependent 54 eligibility verification services may require request the 55 following information from subscribers: 56 1. To prove a spouse’s eligibility: 57 a. If married less than 12 months and the subscriber and 58

Florida Senate - 2022 SB 7026 585-01998-22 20227026__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. his or her spouse have not filed a joint federal income tax 59 return, a government-issued marriage certificate; or 60 b. If married for 12 or more months, a transcript of the 61 most recently filed federal income tax return; or 62 c. If the documentation specified in sub-subparagraph a. or 63 sub-subparagraph b. cannot be produced, an attestation of the 64 marriage by sworn affidavit consistent with s. 92.50 . 65 2.

To prove a biological child’s or a newborn grandchild’s 66 eligibility:, 67 a. A government-issued birth certificate; or 68 b. If a birth certificate cannot be produced, an 69 attestation of the subscriber-dependent relationship by sworn 70 affidavit consistent with s. 92.50. 71 3. To prove an adopted child’s eligibility: 72 a. An adoption certificate; or 73 b. An adoption placement agreement and a petition for 74 adoption; or. 75 c.

If the documentation specified in sub-subparagraph a. or 76 sub-subparagraph b. cannot be produced, an attestation of the 77 subscriber-dependent relationship by sworn affidavit consistent 78 with s. 92.50. 79 4. To prove a stepchild’s eligibility: 80 a. A government-issued birth certificate for the stepchild; 81 and 82 b. The transcript of the subscriber’s most recently filed 83 federal income tax return. 84 5. To prove a child’s eligibility under a guardianship, a 85 copy of the court order naming the subscriber or the 86 subscriber’s spouse as the child’s legal guardian or custodian 87

Florida Senate - 2022 SB 7026 585-01998-22 20227026__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. Any other information necessary to verify the dependent’s 88 eligibility for enrollment in the state group insurance program . 89 6. To prove a foster child’s eligibility, a copy of the 90 records showing the subscriber or the subscriber’s spouse as the 91 dependent’s foster parent. 92 7. To prove eligibility of an unmarried child age 26 to 30: 93 a.

A copy of the child’s government-issued birth 94 certificate or adoption certificate naming the subscri ber or the 95 subscriber’s spouse as the child’s parent, or a copy of the 96 court order naming the subscriber or the subscriber’s spouse as 97 the child’s legal guardian or custodian; 98 b. A copy of the Certification of Over-Age Dependent 99 Eligibility Form; and 100 c.

A document confirming the child’s current enrollment as 101 a student, including the name of the child, the name of the 102 school, and the school term; or a bill or statement in the 103 child’s name which is dated within the past 60 days and is 104 mailed to the child at a Florida address. 105 8. To prove eligibility for a disabled child age 26 or 106 older: 107 a.

A copy of the child’s government-issued birth 108 certificate or adoption certificate naming the subscriber or the 109 subscriber’s spouse as the child’s parent, or a copy of the 110 court order naming the subscriber or the subscriber’s spouse as 111 the child’s legal guardian or custodian; and 112 b. A copy of the subscriber’s most recent federal income 113 tax return listing the child’s name and the last four digits of 114 the child’s social security number and identifying the child as 115 the subscriber’s dependent for tax purposes 116

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c) If a document requested from a subscriber is not 117 confidential or exempt from public records requirements, the 118 division and the contractor shall disclose to all subscriber s 119 that such information submitted to verify the eligibility of 120 dependents may be subject to disclosure and inspection under 121

chapter 119. 122 (b)(

d) A government-issued marriage license or marriage 123 certificate submitted for dependent eligibility verification 124 must include the date of the marriage between the subscriber and 125 the spouse. 126 (c)(

e) A government-issued birth certificate submitted for 127 dependent eligibility verification must list the parents’ names. 128 (d)(

f) Foreign-born subscribers unable to obtain the 129 necessary documentation within the specified time period of 130 producing verification documentation may provide a sworn execute 131 a signed affidavit consistent with s. 92.50 attesting to 132 eligibility requirements. 133 (e)(

g) Documentation submitted to verify eligibility may be 134 an original or a photocopy of an original document. Before 135 submitting a document, the subscriber may redact any information 136 on a document which is not necessary to verify the eligibility 137 of the dependent. 138 (f)(

h) All documentation obtained by the department 139 contractor to conduct the dependent eligibility verification 140 services must be retained in accordance with the applicable 141 records retention

schedule until June 30, 2019. The department 142 or the contractor is not required to retain such documentation 143 after June 30, 2019, and shall destroy such documentation as 144 soon as practicable after such date. 145

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(3) Records collected for purposes of dependent eligibility 146 verification services conducted for the state group insurance 147 program, as authorized under subsection (2), and held by the 148 department are confidential and exempt from s. 119.07(1) and s. 149 24(a), Art. I of the State Constitution. This subsection does 150 not apply to records that are otherwise open for inspection and 151 copying which are held by the department for purposes other than 152 for the performance of dependent eligibility verification 153 services.

This subsection is subject to the Open Government 154 Sunset Review Act in accordance with s. 119.15 and shall stand 155 repealed on October 2, 2022, unless reviewed and sa ved from 156 repeal through reenactment by the Legislature. 157

Section 2. This act shall take effect July 1, 2022. 158