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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 391
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F.S. 391.026
391.026 Powers and duties of the department.The department shall have the following powers, duties, and responsibilities:
(1) To provide or contract for the provision of health services to eligible individuals.
(2) To provide services to abused and neglected children through Child Protection Teams pursuant to s. 39.303.
(3) To determine the medical and financial eligibility of individuals seeking health services from the program.
(4) To coordinate a comprehensive delivery system for eligible individuals to take maximum advantage of all available funds.
(5) To coordinate with programs relating to children’s medical services in cooperation with other public and private agencies.
(6) To initiate and coordinate applications to federal agencies and private organizations for funds, services, or commodities relating to children’s medical programs.
(7) To sponsor or promote grants for projects, programs, education, or research in the field of children with special health needs, with an emphasis on early diagnosis and treatment.
(8) To oversee and operate the Children’s Medical Services network.
(9) To establish reimbursement mechanisms for the Children’s Medical Services network.
(10) To establish Children’s Medical Services network standards and credentialing requirements for health care providers and health care services.
(11) To serve as a provider and principal case manager for children with special health care needs under Titles XIX and XXI of the Social Security Act.
(12) To monitor the provision of health services in the program, including the utilization and quality of health services.
(13) To administer the Children with Special Health Care Needs program in accordance with Title V of the Social Security Act.
(14) To establish and operate a grievance resolution process for participants and health care providers.
(15) To maintain program integrity in the Children’s Medical Services program.
(16) To receive and manage health care premiums, capitation payments, and funds from federal, state, local, and private entities for the program. The department may contract with a third-party administrator for processing claims, monitoring medical expenses, and other related services necessary to the efficient and cost-effective operation of the Children’s Medical Services network. The department is authorized to maintain a minimum reserve for the Children’s Medical Services network in an amount that is the greater of:
(a) Ten percent of total projected expenditures for Title XIX-funded and Title XXI-funded children; or
(b) Two percent of total annualized payments from the Agency for Health Care Administration for Title XIX and Title XXI of the Social Security Act.
(17) To provide or contract for peer review and other quality-improvement activities.
(18) To adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the Children’s Medical Services Act.
(19) To serve as the lead agency in administering the Early Steps Program pursuant to part C of the federal Individuals with Disabilities Education Act and part III of this chapter.
History.s. 4, ch. 78-106; s. 96, ch. 98-200; s. 6, ch. 98-288; s. 23, ch. 2000-242; s. 1, ch. 2006-28; s. 77, ch. 2012-184; s. 69, ch. 2013-15; s. 8, ch. 2015-177; s. 5, ch. 2016-238; s. 57, ch. 2019-3.