SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 1491

Trust Funds/Creation/Florida Health Plan
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SPONSOR
Joseph
FILED BY
Dotie Joseph — District 108, Democrat [search donations]
EFFECTIVE
July 1, 2026, but only if HB 1489 or similar legislation is adopted
DIED IN
Health Care Facilities & Systems Subcommittee

Filed under Insurance.

PROVIDED SUMMARY

Trust Funds/Creation/Florida Health Plan; Creates Florida Health Fund for Florida Health Plan; provides for administration of fund; provides for sources of funds & purpose; requires claims for health care services to be made to fund; provides for disbursement from fund; provides for accounts in fund; requires moneys received by fund to be paid to specified person; prohibits such person from commingling funds with other moneys; requires necessary waivers, exemptions, agreements, & legislation to be obtained for federal payments for fund; provides for future review & termination or re-creation of fund; provides eligibility of certain retirees for plan; provides that Florida Health Plan's responsibility for providing health care is secondary to existing federal programs if funding for these programs is not transferred to fund; requires collateral sources to pay certain sum to fund; provides duties of Florida Health Board relating to fund; provides duties of plan auditor relating to fund; provides appropriation; provides applicability of Code of Ethics for Public Officers & Employees to employees & director of fund.

Full bill text →

Plain English Summary

AI-GENERATED
Creates a state fund to receive and pay all health plan claims.

Section 641.76 creates the Florida Health Fund, a revolving fund controlled by the Florida Health Board. Every claim for health care under the plan must be filed with the fund, and every payment for those services comes out of it.

The fund must keep a reserve large enough to cover every loss and claim it could owe, sits entirely outside the State Treasury, and cannot have its money mixed with any other funds -- the board has exclusive authority over it.

State officials must seek federal waivers or agreements to redirect current federal health care payments straight into the fund; once granted, the plan takes over paying for the benefits those federal programs used to cover.

This entire act only takes effect if a separate bill, HB 1489, also becomes law -- it creates the plan, board, and offices this fund is built to serve. Retirees keep contracted benefits only if those payments now go to the fund.

KEY PROVISIONS
§ 1 Creates the Florida Health Fund as the plan's sole payer majors. 641.76

AIEstablishes a new revolving fund controlled by the Florida Health Board. Every claim for health care rendered under the plan must be submitted to the fund, and every payment for those services must be disbursed from it.

“All claims for health care services rendered shall be made to the fund. Payments made for health care services shall be disbursed from the fund.” bill text, line 49 →
§ 2 Segregates the fund from the Treasury under exclusive board control majors. 641.76

AIThe fund sits entirely outside the State Treasury, and the Florida Health Board has exclusive authority over it. All money received must go to the Director of the Office of Finance and Budget as the board's agent, who may not commingle it with any other money.

“The fund shall be separate from the State Treasury. The board shall manage the fund and has exclusive authority over the fund.” bill text, line 99 →
§ 3 Directs officials to redirect federal health payments into the fund majors. 641.76

AIThe Florida Health Plan's chief executive officer, and the Secretary of Commerce if federal law requires it, must seek waivers, exemptions, agreements, or legislation to route current federal health care payments directly into the fund. If that succeeds, the plan must take over paying for the benefits those federal funds used to cover.

“shall seek waivers, exemptions, agreements, or legislation necessary for all current federal payments to this state to be sent directly to the fund” bill text, line 114 →
§ 4 Preserves retiree benefits only if payments move to the fund majors. 641.74

AIRetirees with health benefits under an existing employer-employee contract keep those benefits, but only if the contractually required payments are redirected to the Florida Health Fund, which then becomes financially responsible for their care.

“remain eligible for those benefits if the contractually mandated payments for those benefits are made to the Florida Health Fund” bill text, line 151 →
§ 5 Requires a fully funded reserve, filled partly by transfers moderates. 641.76

AIThe fund's reserve account must at all times hold enough, in the aggregate, to cover every loss and claim the plan could owe. Existing state, city, and county health-program reserves move into the fund when it replaces those programs, and the board may borrow to cover temporary shortfalls.

“The reserve account must at all times hold an amount estimated in the aggregate to provide for the payment of all losses and claims” bill text, line 82 →
§ 6 Requires collateral sources to pay the fund, not the patient moderates. 641.78

AIWhen another source, such as another insurer, owes reimbursement for care the plan already provided, that collateral source must pay the sum directly to the Florida Health Fund rather than to the patient or the plan generally.

“the collateral source shall pay to the Florida Health Fund the sum that it would have paid” bill text, line 188 →
§ 7 Adds hiring and administering the fund to the board's duties moderates. 641.793

AIThe Florida Health Board must hire a director for the fund who takes a specific oath, oversee the fund alongside its other offices, administer the fund, and annually determine and implement the appropriate reserve level.

“Hire a director for the Florida Health Fund, who must take the oath described in paragraph (2)(b).” bill text, line 210 →
§ 8 Extends the public ethics code to the fund's employees moderates. 641.798

AIThe Code of Ethics for Public Officers and Employees, which already covers the Florida Health Plan's leadership and staff, now also applies by name to the employees and the director of the Florida Health Fund.

“the employees and the director of the Florida Health Fund,” bill text, line 233 →
TIMELINE
3/13/2026
Died in Health Care Facilities & Systems Subcommittee
1/15/2026
Now in Health Care Facilities & Systems Subcommittee
1/15/2026
Referred to Health & Human Services Committee
1/15/2026
Referred to Health Care Budget Subcommittee
1/15/2026
Referred to Health Care Facilities & Systems Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/9/2026
Filed
1 EARLIER →
STATUTES IT CHANGES
s. 641.76
+794 / −0
s. 641.73
+11 / −0
s. 641.74
+58 / −0
s. 641.77
+5 / −0
s. 641.78
+5 / −0
s. 641.793
+49 / −0