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Florida Statute 409.902 - Full Text and Legal Analysis
Florida Statute 409.902 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
409.902 Designated single state agency; payment requirements; program title; release of medical records.
(1) The Agency for Health Care Administration is designated as the single state agency authorized to make payments for medical assistance and related services under Title XIX of the Social Security Act. These payments shall be made, subject to any limitations or directions provided for in the General Appropriations Act, only for services included in the program, shall be made only on behalf of eligible individuals, and shall be made only to qualified providers in accordance with federal requirements for Title XIX of the Social Security Act and the provisions of state law. This program of medical assistance is designated the “Medicaid program.” The Department of Children and Families is responsible for Medicaid eligibility determinations, including, but not limited to, policy, rules, and the agreement with the Social Security Administration for Medicaid eligibility determinations for Supplemental Security Income recipients, as well as the actual determination of eligibility. As a condition of Medicaid eligibility, subject to federal approval, the Agency for Health Care Administration and the Department of Children and Families shall ensure that each recipient of Medicaid consents to the release of her or his medical records to the Agency for Health Care Administration and the Medicaid Fraud Control Unit of the Department of Legal Affairs.
(2) Eligibility is restricted to United States citizens and to lawfully admitted noncitizens who meet the criteria provided in s. 414.095(3).
(a) Citizenship or immigration status must be verified. For noncitizens, this includes verification of the validity of documents with the United States Citizenship and Immigration Services using the federal SAVE verification process.
(b) State funds may not be used to provide medical services to individuals who do not meet the requirements of this subsection unless the services are necessary to treat an emergency medical condition or are for pregnant women. Such services are authorized only to the extent provided under federal law and in accordance with federal regulations as provided in 42 C.F.R. s. 440.255.
(3) To the extent that funds are appropriated, the department shall collaborate with the Agency for Health Care Administration to develop an Internet-based system that is modular, interoperable, and scalable for eligibility determination for Medicaid and the Children’s Health Insurance Program (CHIP) that complies with all applicable federal and state laws and requirements.
(4) The system shall accomplish the following primary business objectives:
(a) Provide individuals and families with a single point of access to information that explains benefits, premiums, and cost sharing available through Medicaid, the Children’s Health Insurance Program, or any other state or federal health insurance exchange.
(b) Enable timely, accurate, and efficient enrollment of eligible persons into available assistance programs.
(c) Prevent eligibility fraud.
(d) Allow for detailed financial analysis of eligibility-based cost drivers.
(5) The system shall include, but is not limited to, the following business and functional requirements:
(a) Allow for the completion and submission of an online application for eligibility determination that accepts the use of electronic signatures.
(b) Include a process that enables automatic enrollment of qualified individuals in Medicaid, the Children’s Health Insurance Program, or any other state or federal exchange that offers cost-sharing benefits for the purchase of health insurance.
(c) Allow for the determination of Medicaid eligibility based on modified adjusted gross income by using information submitted in the application and information accessed and verified through automated and secure interfaces with authorized databases.
(d) Include the ability to determine specific categories of Medicaid eligibility and interfaces with the Florida Medicaid Management Information System to support a determination, using federally approved assessment methodologies, of state and federal financial participation rates for persons in each eligibility category.
(e) Allow for the accurate and timely processing of eligibility claims and adjudications.
(f) Align with and incorporate all applicable state and federal laws, requirements, and standards to include the information technology security requirements established pursuant to s. 282.318 and the accessibility standards established under part II of chapter 282.
(g) Produce transaction data, reports, and performance information that contribute to an evaluation of the program, continuous improvement in business operations, and increased transparency and accountability.
(6) The department shall develop the system, subject to the approval by the Legislative Budget Commission and as required by the General Appropriations Act for the 2012-2013 fiscal year.
(7) The system must be completed by October 1, 2013, and ready for implementation by January 1, 2014.
(8) The department shall implement the following project governance structure until the system is implemented:
(a) The Secretary of Children and Families shall have overall responsibility for the project.
(b) The project shall be governed by an executive steering committee composed of three department staff members appointed by the Secretary of Children and Families; three agency staff members, including at least two state Medicaid program staff members, appointed by the Secretary of the Agency for Health Care Administration; one staff member from Children’s Medical Services within the Department of Health appointed by the Surgeon General; and a representative from the Florida Healthy Kids Corporation.
(c) The executive steering committee shall have the overall responsibility for ensuring that the project meets its primary business objectives and shall:
1. Provide management direction and support to the project management team.
2. Review and approve any changes to the project’s scope, schedule, and budget.
3. Review, approve, and determine whether to proceed with any major deliverable project.
4. Recommend suspension or termination of the project to the Governor, the President of the Senate, and the Speaker of the House of Representatives if the committee determines that the primary business objectives cannot be achieved.
(d) A project management team shall be appointed by and work under the direction of the executive steering committee. The project management team shall:
1. Provide planning, management, and oversight of the project.
2. Submit an operational work plan and provide quarterly updates to the plan to the executive steering committee. The plan must specify project milestones, deliverables, and expenditures.
3. Submit written monthly project status reports to the executive steering committee.
History.s. 31, ch. 91-282; s. 2, ch. 95-393; s. 12, ch. 2000-163; s. 49, ch. 2000-256; s. 15, ch. 2002-400; s. 32, ch. 2011-135; s. 4, ch. 2012-33; s. 202, ch. 2014-19.

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Amendments to 409.902


Annotations, Discussions, Cases:

Cases Citing Statute 409.902

Total Results: 24  |  Sort by: Relevance  |  Newest First

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Renee B. v. Fl. Agency for Health Care, 790 So. 2d 1036 (Fla. 2001).

Cited 8 times | Published | Supreme Court of Florida | 2001 WL 776533

...2671 (1980), the United States Supreme Court concluded that the Hyde Amendment did not violate either the Equal Protection Clause or the right of privacy found in the Due Process Clause of the federal constitution. The Medicaid program in Florida is administered by AHCA. See § 409.902, Fla. Stat. (2000). Section 409.902 provides that state Medicaid payments "shall be made, subject to any limitations or directions provided for in the General Appropriations Act, only for services included in the program, shall be made only on behalf of eligible individ...
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State, Agency for Health Care Admin. v. Wilson, 782 So. 2d 977 (Fla. 1st DCA 2001).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 360245

...We reverse because the unambiguous language of the statute in question does not allow a reduction of the lien for attorney's fees and costs. Appellant, Agency for Health Care Administration (AHCA) is the sole Florida state agency authorized to make payments under the Florida Medicaid program. See § 409.902, Fla....
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Renee B. v. State, Agency for Health Care, 756 So. 2d 218 (Fla. 1st DCA 2000).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 423471

...de in its Medicaid Plan those medically necessary abortions for which federal reimbursement is unavailable ... [w]e hold only that a state need not include such abortions in its Medicaid plan." Id. at 311, footnote 16. It appears that our State, via section 409.902, Florida Statutes, has elected to fund only those services included in the program....
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Brookwood-walton Cty. Convalescent Ctr. v. Agency for Health Care Admin., 845 So. 2d 223 (Fla. 1st DCA 2003).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 4733, 2003 WL 1798101

...Historically, Appellants' two facilities involved here have been high Medicaid providers: currently, 90% (Washington County) and 85% (Walton County), compared to the statewide average of 50-55%. AHCA is responsible for the administration of Medicaid in Florida. § 409.902, Fla....
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Strafford v. Agency for Health Care Admin., 915 So. 2d 643 (Fla. 2d DCA 2005).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467615

...During her birth, the Decedent suffered a lack of oxygen to her brain and remained in a vegetative state until her death on August 3, 2003. She accumulated $74,903.41 in medical bills. The Agency paid these medical expenses through Florida's Medicaid program. § 409.902....
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Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

...§ 431.10. In Florida, the Agency for Health Care Administration (AHCA) is designated as the Florida state agency authorized to make payments to qualified providers for medical assistance and related services on behalf of eligible individuals. See § 409.902, Fla....
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Courts v. Agency for Health Care Admin., 965 So. 2d 154 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2174850

...In each *156 state, a "single state agency" is responsible for administering the Medicaid program. 42 C.F.R. § 431.10. In Florida, AHCA is designated as the Florida state agency authorized to make payments to qualified providers for medical assistance and related services on behalf of eligible individuals. See § 409.902, Fla....
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Englich v. Agency for Healthcare Admin., 916 So. 2d 994 (Fla. 4th DCA 2005).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 3533677

...heir total claim. Affirmed. KLEIN, J., and HOROWITZ, ALFRED, Associate Judge, concur. NOTES [1] § 768.16, Fla. Stat. (1999). [2] § 409.910, Fla. Stat. (1999). [3] Florida's Medicaid program is authorized under Title XIX of the Social Security Act. § 409.902, Fla. Stat. (1999); see 42 U.S.C. § 1396 (2000). The Agency for Health Care Administration makes the payments for medical assistance and related services for those who qualify. § 409.902, Fla....
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Medicaid, Prog. Integrity, Dep't of Health & Rehabilitative Servs. v. Conval-Care, Inc., 636 So. 2d 117 (Fla. Dist. Ct. App. 1994).

Cited 1 times | Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 3543, 1994 WL 133528

administer payments under the Medicaid program. § 409.902, Fla.Stat. (1991). In its complaint, the Department
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Brandon L. Eady v. State of Florida, Agency For Health Care Admin. (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594, 597 (Fla. 1st DCA 2000). 2. The Law Under Florida’s Medicaid Third Party Liability Act, AHCA is responsible for administering Florida’s Medicaid program. § 409.902, Fla....
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Lutheran Servs. Florida, Inc. v. Dep't of Child. & Families, 199 So. 3d 286 (Fla. 2d DCA 2015).

Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

...Perón has been approved by the Department to receive Medicaid ICP benefits since 2008. Medicaid ICP is a program that provides coverage for. healthcare services to individuals who require institutional care in nursing facilities. The Department is the state entity that determines ICP eligibility. § 409.902, Fla....
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Maxson v. Dep't of Child. & Families, 869 So. 2d 653 (Fla. 4th DCA 2004).

Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 4091, 2004 WL 625773

...ve intent and supported by competent substantial evidence.” Williams v. Dep’t of Mgmt. Servs., Div. of Retirement, 678 So.2d 1282, 1283 (Fla.1996) (citation omitted). DCF is the agency charged with making Medicaid eligibility determinations. See § 409.902, Fla....
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Humana Med. Plan, Inc. v. State, Agency for Health Care Admin., 898 So. 2d 1040 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 3456, 2005 WL 598365

services on behalf of eligible individuals. See § 409.902-905, Fla. Stat. (2003). In the case before us
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Willoughby v. Agency for Health Care Admin., 212 So. 3d 516 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal | 2017 WL 945532, 2017 Fla. App. LEXIS 3214

...Willoughby sought UM benefits from his insurer, 21st Century Centennial Insurance Company. 21st Century denied coverage and refused to pay. Mr. Willoughby sued, claiming that 21st Century acted in bad faith and 1 AHCA administers the Florida Medicaid program. See § 409.902, Fla. Stat....
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Cmty. Healthcare Centerone, Inc. v. State, 852 So. 2d 322 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11714, 2003 WL 21750273

...rges ensue. We therefore affirm as to all issues raised by appellants but, in light of our conclusion that no hearing was necessary, remand for further proceedings consistent with this opinion. WARNER, and SHAHOOD, JJ., concur. . The State has cited section 409.902, Florida Statutes, which provides: *325 As a condition of Medicaid eligibility, subject to federal approval, the Agency for Health Care Administration and the Department of Children and Family Services shall ensure that each recipient...
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Ammar Al Batha, as Pers. etc. v. State of Florida, Agency for Health Care etc., 263 So. 3d 817 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...that left him with life threatening injuries. As a result of those injuries, the decedent received extensive medical care that was paid by Florida’s Medicaid program. Florida’s Medicaid program is administered by the Agency for Health Care Administration (AHCA). See § 409.902(1), Fla....
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Thomas Saunders v. Florida Dept. of Child. & Families, 185 So. 3d 1298 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 WL 764718

...to pay down the previously incurred nursing home debt. The Agency for Health Care Administration (AHCA) is charged with managing Florida’s State Medicaid program while the Department is responsible for making eligibility determinations. § 409.902, Fla....
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Lee Mem'l Health Sys. etc. v. State of Florida, Agency For Agency For Health etc., 272 So. 3d 431 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...§ 1396b(v)(2). In fact, federal law mandates that state Medicaid programs provide services necessary to treat an undocumented alien’s emergency medical condition. 42 U.S.C. § 1396(b)v. Florida enacted legislation consistent with federal law. See §§ 409.902(2)(b), 409.904(4), Fla....
...Eligibility can be authorized only for the duration of the emergency. Medicaid will not pay for continuous or episodic services after the emergency has been alleviated. (emphasis added). Florida law designates DCF as responsible for determining eligibility for Medicaid. § 409.902(1), Fla. Stat. The Agency “is designated as the single state agency authorized to make 5 payments” under Medicaid. § 409.902(1), Fla....
...le for making Medicaid eligibility determinations based on information submitted by providers. Conversely, the Agency’s assigned Medicaid role is to determine the medical necessity of the services rendered to treat the emergency medical condition. § 409.902, Fla. Stat....
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Harun v. Dep't of Child. & Families, 837 So. 2d 537 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1395, 2003 WL 289462

...of Psychological Exam’rs., 622 So.2d 1109, 1113 (Fla. 1st DCA 1993). We must remand the case because the hearing officer failed to make necessary findings of fact and based on the appellate record it appears that DCF exer *539 cised its discretion in a manner inconsistent with agency rules. Section 409.902, Florida Statutes (2001), assigns the responsibility of determining Medicaid eligibility to DCF....
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Gabrielle Goodwin v. Florida Dep't of Child. etc., 194 So. 3d 1042 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 WL 1295045, 2016 Fla. App. LEXIS 5171

...Medicaid Services (CMS) oversees state Medicaid programs. In Florida, the Agency for Health Care Administration (AHCA) administers the Medicaid program, while DCF determines eligibility determinations and calculates participants’ co-payment amounts. See § 409.902, Fla....
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S. Baptist Hosp. of Fla. v. Agency for Health Care Admin., 270 So. 3d 488 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...Facts The Hospitals provide inpatient and outpatient hospital care in Florida to Medicaid patients. Reimbursement for the services provided is based on Medicaid rates calculated by the Agency each year. The Agency is the single state agency authorized to make Medicaid payments for services rendered. See § 409.902(1), Fla....
...Acad. of Cosmetic Surgery , 808 So.2d 243 , 251 (Fla. 1st DCA 2002). The Statutes and GAAs The Agency makes payment to qualified providers as set forth in Chapter 409, Florida Statutes, subject to the limitations or directions enumerated in the GAAs. § 409.902(1), Fla....
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S. Baptist Hosp. of Fla. v. Agency for Health Care Admin., 270 So. 3d 488 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...Facts The Hospitals provide inpatient and outpatient hospital care in Florida to Medicaid patients. Reimbursement for the services provided is based on Medicaid rates calculated by the Agency each year. The Agency is the single state agency authorized to make Medicaid payments for services rendered. See § 409.902(1), Fla....
...Acad. of Cosmetic Surgery , 808 So.2d 243 , 251 (Fla. 1st DCA 2002). The Statutes and GAAs The Agency makes payment to qualified providers as set forth in Chapter 409, Florida Statutes, subject to the limitations or directions enumerated in the GAAs. § 409.902(1), Fla....
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The Pub. Health Trust of Miami-Dade Cnty., etc. v. Agency for Health Care Admin. (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...Facts The Hospitals provide inpatient and outpatient hospital care in Florida to Medicaid patients. Reimbursement for the services provided is based on Medicaid rates calculated by the Agency each year. The Agency is the single state agency authorized to make Medicaid payments for services rendered. See § 409.902(1), Fla. Stat. Historically, the Agency reimbursed hospitals on a fee-for- service basis....
...1st DCA 2002). 31 The Statutes and GAAs The Agency makes payment to qualified providers as set forth in Chapter 409, Florida Statutes, subject to the limitations or directions enumerated in the GAAs. § 409.902(1), Fla....
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A Choice for Women, Inc. v. Fl. Agency for Health Care Admin., 872 So. 2d 970 (Fla. 3d DCA 2004).

Published | Florida 3rd District Court of Appeal | 2004 WL 840149

...59G-4.230, Florida Administrative Code, [2] as well as certain portions of the Florida Medicaid Physician Coverage and Florida Medicaid Provider Reimbursement handbooks incorporated in those rules, are invalid. The rules were implemented pursuant to section 409.902, Florida Statutes (2000) which authorizes the Agency to make payments for medical services under Title XIX of the Social Security Act and state law....