Friday, July 31, 2009

Interpretation of Section 409.814, Florida Statutes

In Health First Health Plan #C, Inc. v. Florida Healthy Kids Corporation (5D08-240), the Fifth District interpreted section 409.814, Florida Statutes. The court concluded:

This language necessarily leads to the conclusion that the only component of the Florida Kidcare Program that a child with an income level above 200% of the federal poverty level could not participate in is the Medicaid program. If the legislature intended to exclude participation in CMS under 409.814(5) it could have specifically expressed that intent. When read together, sections 409.814(3) and (5) allow an eligible child with special health care needs and a family income exceeding 200% of the federal poverty level to participate in CMS.


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