THE BILL ITSELF
HB 1491
Trust Funds/Creation/Florida Health Plan
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A bill to be entitled
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An act relating to Florida Health Plan trust fund;
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creating s. 641.76, F.S.; creating the Florida Health
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Fund for the Florida Health Plan; providing for the
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administration of the fund; providing for sources of
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funds and purpose; requiring claims for health care
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services to be made to the fund; providing for
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disbursement from the fund; providing for the accounts
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in the fund; requiring moneys received by the fund to
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be paid to a specified person; prohibiting such person
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from commingling the funds with other moneys;
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requiring necessary waivers, exemptions, agreements,
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and legislation to be obtained for federal payments
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for the fund; providing for future review and
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termination or re-creation of the fund; amending s.
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641.73, F.S.; defining the term "fund"; amending s.
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641.74, F.S.; providing eligibility of certain
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retirees for the plan under certain circumstances;
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amending s. 641.77, F.S.; providing that the Florida
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Health Plan's responsibility for providing health care
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is secondary to existing federal programs if funding
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for these programs is not transferred to the fund;
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amending s. 641.78, F.S.; requiring collateral sources
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to pay a certain sum to the fund under certain
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circumstances; amending s. 641.793, F.S.; providing
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duties of the Florida Health Board relating to the
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fund; amending s. 641.797, F.S.; providing duties of
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the plan auditor relating to the fund; providing an
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appropriation; amending s. 641.798, F.S.; providing
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applicability of the Code of Ethics for Public
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Officers and Employees to the employees and the
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director of the fund; providing an appropriation;
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providing a contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 641.76, Florida Statutes, is created to
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read:
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641.76 Florida Health Fund.—
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(1) The Florida Health Fund, a revolving fund, is
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established under the jurisdiction and control of the Florida
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Health Board to implement the Florida Health Plan and to receive
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premiums and other sources of revenue. The fund shall be
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administered by a director appointed by the board.
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(a) All moneys collected, received, and transferred
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according to this section shall be deposited in the fund. Moneys
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deposited in the fund shall be used exclusively to finance the
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plan.
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(b) All claims for health care services rendered shall be
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made to the fund. Payments made for health care services shall
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be disbursed from the fund.
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(c) Revenues collected each year must be sufficient to
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cover that year's projected costs for the plan.
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(2)(a) The fund shall have operating, capital, and reserve
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accounts.
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1. The operating account in the fund comprises the
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following accounts:
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a. Medical services account. The medical services account
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must be used to provide for all medical services and benefits
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covered under the plan.
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b. Prevention account. The prevention account must be used
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to establish and maintain primary community prevention programs,
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including preventive screening tests.
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c. Program administration, evaluation, planning, and
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assessment account. The program administration, evaluation,
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planning, and assessment account must be used to monitor and
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improve the plan's effectiveness and operations. The board may
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establish grant programs, including demonstration projects, for
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the account's purpose.
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d. Training and development account. The training and
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development account must be used to incentivize the training and
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development of health care providers and the health care
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workforce needed to meet the health care needs of the
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population.
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e. Health service research account. The health service
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research account must be used to support research and innovation
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as determined by the board and recommended by the Office of
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Health Quality and Planning and the Ombudsman Office for Patient
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Advocacy.
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2. The capital account must be used to pay for capital
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expenditures for institutional providers.
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3. The reserve account must at all times hold an amount
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estimated in the aggregate to provide for the payment of all
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losses and claims for which the plan may be liable and to
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provide for the expense of adjustment or settlement of losses
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and claims.
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(b) Money currently held in reserve by state, city, and
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county health programs must be transferred to the fund when the
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plan replaces those programs.
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(c) The board shall have provisions in place to insure the
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plan against unforeseen expenditures or revenue shortfalls not
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covered by the reserve account. The board may borrow money to
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cover temporary shortfalls.
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(3)(a) All moneys received by the fund shall be paid to
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the Director of the Office of Finance and Budget as agent of the
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board, who may not commingle these funds with any other money.
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The moneys in these accounts shall be paid out on warrants drawn
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by the commissioner on requisition by the board.
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(b) The fund shall be separate from the State Treasury.
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The board shall manage the fund and has exclusive authority over
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the fund.
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(4)(a) The board shall:
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1. Determine the aggregate cost of providing health care
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according to this part.
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2. Coordinate with existing, ongoing funding sources from
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federal and state programs.
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(b) All federal funding received by this state shall be
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appropriated to the fund to be used to administer the plan under
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this part. Federal funding that is received for implementing and
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administering the plan shall be used to provide health care for
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residents of this state.
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(c) The chief executive officer of the Florida Health Plan
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and, if required under federal law, the Secretary of Commerce
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shall seek waivers, exemptions, agreements, or legislation
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necessary for all current federal payments to this state to be
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sent directly to the fund. If any required waiver, exemption,
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agreement, or legislation is obtained, the plan must assume
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responsibility for all health care benefits and health care
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services previously paid for with federal funds. In obtaining
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the waivers, exemptions, agreements, or legislation, the chief
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executive officer and, if required, the secretary shall seek
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from the Federal Government a contribution for health care
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services in this state which:
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1. Reflects medical inflation, the state gross domestic
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product, the size and age of the population, the number of
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residents living below the poverty level, and the number of
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individuals eligible for Medicare and veterans' benefits.
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2. Does not decrease in relation to the federal
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contribution to other states as a result of the waivers,
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exemptions, agreements, or savings from implementation of the
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plan.
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(5) In accordance with s. 19(f)(2), Art. III of the State
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Constitution, the Florida Health Fund shall, unless terminated
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sooner, be terminated on July 1, 2030. Before its scheduled
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termination, the trust fund shall be reviewed as provided in s.
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215.3206(1) and (2).
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Section 2. Subsections (2) through (6) of section 641.73,
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Florida Statutes, as created by HB 1489, 2026 Regular Session,
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are renumbered as subsections (3) through (7), respectively, and a new subsection (2) is added to that section, to read:
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641.73 Definitions.—As used in this part, the term:
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(2) "Fund" means the Florida Health Fund established in s.
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641.76.
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Section 3. Paragraph (f) of subsection (1) of section
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641.74, Florida Statutes, as created by HB 1489, 2026 Regular
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Session, is amended to read:
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641.74 Eligibility for and enrollment in the Florida
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Health Plan.—
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(1) ELIGIBILITY.—
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(f) All persons who are eligible for retiree health care
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benefits under an employer-employee contract remain eligible for
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those benefits if the contractually mandated payments for those
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benefits are made to the Florida Health Fund. The fund must
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assume financial responsibility for care provided under the
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terms of the contract along with additional health benefits
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covered by the plan. A retiree who is covered under the plan and
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who elects to reside outside of this state is eligible for
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benefits under the terms and conditions of the retiree's
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employer-employee contract.
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Section 4. Paragraph (c) of subsection (2) of section
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641.77, Florida Statutes, as created by HB 1489, 2026 Regular
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Session, is amended to read:
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641.77 Federal preemption.—
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(2)
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(c) The Florida Health Plan's responsibility for providing
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health care is secondary to existing federal programs for health
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care services to the extent that funding for these programs is
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not transferred to the Florida Health Fund or that the transfer
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is delayed beyond the date on which initial benefits are
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provided under the plan.
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Section 5. Paragraph (a) of subsection (4) of section
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641.78, Florida Statutes, as created by HB 1489, 2026 Regular
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Session, is amended to read:
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641.78 Subrogation.—
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(4) If a person who receives health care services under
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the plan is entitled to coverage, reimbursement, indemnity, or
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other compensation from a collateral source, the person must
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notify the health care provider and provide information
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identifying the collateral source, the nature and extent of
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coverage or entitlement, and other relevant information. The
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health care provider shall forward this information to the
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board. The person entitled to coverage, reimbursement,
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indemnity, or other compensation from a collateral source must
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provide additional information as requested by the board.
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(a) The plan shall seek reimbursement from the collateral
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source for services provided to the person and may take
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appropriate action, including legal proceedings, to recover the
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reimbursement. Upon demand, the collateral source shall pay to
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the Florida Health Fund the sum that it would have paid or spent
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on behalf of the person for the health care services provided by
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the plan.
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Section 6. Paragraphs (d) through (o) of subsection (3) of
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section 641.793, Florida Statutes, as created by HB 1489, 2026
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Regular Session, are redesignated as paragraphs (e) through (p),
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respectively, subsection (1) is amended, a new paragraph (d) is
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added to subsection (3), and paragraph (h) is added to
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subsection (5) of that section, to read:
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641.793 Florida Health Board.—
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(1) By December 1, 2026, the Florida Health Board shall be
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established to promote the delivery of high-quality, coordinated
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health care services that enhance health; prevent illness,
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disease, and disability; slow the progression of chronic
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diseases; and improve personal health management. The board
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shall administer the Florida Health Plan. The board shall
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oversee:
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(a) The Office of Health Quality and Planning established
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in s. 641.795.
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(b) The Florida Health Fund.
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(3) The board shall:
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(d) Hire a director for the Florida Health Fund, who must
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take the oath described in paragraph (2)(b).
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(5) The board has the following financial duties:
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(h) Administer the Florida Health Fund, annually determine
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the appropriate level for the plan reserve account, and
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implement policies needed to establish the appropriate reserve.
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Section 7. Paragraph (a) of subsection (2) of section
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641.797, Florida Statutes, as created by HB 1489, 2026 Regular
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Session, is amended to read:
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641.797 Auditor for the Florida Health Plan.—
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(2) The auditor for the Florida Health Plan shall:
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(a) Investigate, audit, and review the financial and
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business records of the plan and the Florida Health Fund.
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Section 8. Subsection (1) of section 641.798, Florida
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Statutes, as created by HB 1489, 2026 Regular Session, is
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amended to read:
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641.798 Ethics and conflicts of interest; Conflict of
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Interest Committee.—
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(1) The Code of Ethics for Public Officers and Employees
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under part III of chapter 112 applies to the employees and the
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chief executive officer of the Florida Health Plan, the
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employees and members of the Florida Health Board, the employees
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and members of the regional planning boards and the regional
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health planning directors, the employees and the director of the
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Florida Health Fund, the employees and the director of the
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Office of Health Quality and Planning, the employees and the
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ombudsman of the Ombudsman Office for Patient Advocacy, and the
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auditor for the Florida Health Plan. Failure to comply with the
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code of ethics under part III of chapter 112 is grounds for
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disciplinary action, which may include termination of employment
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or removal from the board.
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Section 9. For the 2026-2027 fiscal year, an adequate sum
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is appropriated from the General Revenue Fund to the Florida
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Health Fund under the Florida Health Plan to provide startup
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funding for the provisions of this act and the immediate
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establishment of an exploratory staff to pursue the foundation
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of this act.
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Section 10. This act shall take effect July 1, 2026, but
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only if HB 1489 or similar legislation is adopted in the same
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legislative session or an extension thereof and becomes a law.