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S 1460

Florida Senate•Failed

Summary

S 1460, “Florida Health Choices Program”, was introduced in the Senate on Jan 8, 2026 by Sen. Jonathan Martin (R). It last saw action on Mar 13, 2026: Died in Health Policy.

Record

Text

S 1460 has no co-sponsors and has not gone to a roll call.

s1460/introduced.txt
Florida Senate - 2026  SB 1460
By Senator Martin
33-00690-26  20261460__
A bill to be entitled
An act relating to the Florida Health Choices Program;
amending s. 408.910, F.S.; renaming the “Florida
Health Choices Program” as the “Florida Employee
Health Choices Program”; revising legislative findings
and intent; revising definitions; revising the purpose
and components of the program; revising eligibility
and participation requirements for vendors under the
program; revising the types of health insurance
products that are available for purchase through the
program; deleting certain pricing transparency
requirements to conform to changes made by the act;
revising the structure of the insurance marketplace
process under the program; deleting the option for
risk pooling under the program; deleting exemptions
from certain requirements of the Florida Insurance
Code under the program; renaming the corporation
administering the program as “Florida Employee Health
Choices, Inc.”; revising membership of the board of
directors; authorizing the corporation to exercise
certain powers; revising duties of the board and the
corporation; revising the fiscal year in which the
corporation’s annual report is due; amending ss.
409.821, 409.9122, and 409.977, F.S.; conforming
provisions to changes made by the act; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 408.910, Florida Statutes, is amended to
read:
408.910 Florida Employee Health Choices Program.—
(1) LEGISLATIVE INTENT.—The Legislature finds that a
significant number of employers and employees in [the residents]
[of] this state do not have adequate access to affordable, quality
health insurance that meets their needs [care]. The Legislature
further finds that individual coverage health reimbursement
arrangements offer a novel way for employers of any size to give
health care contributions directly to employees to empower them
to choose their own health plan in a broad marketplace based on
individual financial needs and health factors. The Legislature
further finds that increasing access to affordable, quality
health care through individual coverage health reimbursement
arrangements can be best accomplished by establishing a
competitive marketplace [market] for employees who receive
employer premium contributions through individual coverage
health reimbursement arrangements [purchasing health insurance]
[and health services]. It is therefore the intent of the
Legislature to create the Florida Employee Health Choices
Program to do the following:
(a) Expand opportunities for employers and employees
[Floridians] to access [purchase] affordable health insurance in
this state [and health services].
(b) Create a platform that streamlines the purchase of
individual coverage for employees enrolled in individual
coverage health reimbursement arrangements [Preserve the benefits]
[of employment-sponsored insurance while easing the]
[administrative burden for employers who offer these benefits].
(c) Enable individual choice in both the manner and amount
of health care purchased.
(d) Provide for the purchase of individual, portable health
care coverage.
(e) Disseminate information to employers and employees
about individual coverage health reimbursement arrangements
[consumers on the price and quality of health services].
(f) Sponsor a competitive marketplace [market] that
stimulates product innovation, quality improvement, and
efficiency in the production and delivery of individual health
insurance plans to employees enrolled in individual coverage
health reimbursement arrangements [health services].
(2) DEFINITIONS.—As used in this section, the term:
(a) “Corporation” means [the] Florida Employee Health
Choices, Inc., established under this section.
(b) “Corporation’s marketplace” means the [single,]
centralized market established by the program which [that]
facilitates the purchase of products made available in the
marketplace.
(c) “Health insurance agent” means an agent licensed under
part IV of chapter 626.
(d) “Insurer” means an entity licensed under chapter 624
which offers an individual health insurance policy [or a group]
[health insurance policy], a preferred provider organization as
defined in s. 627.6471, an exclusive provider organization as
defined in s. 627.6472, or a health maintenance organization
licensed under part I of chapter 641[, or a prepaid limited]
[health service organization or discount plan organization]
[licensed under chapter 636].
(e) “Program” means the Florida Employee Health Choices
Program established by this section.
(3) PROGRAM PURPOSE AND COMPONENTS.—The Florida Employee
Health Choices Program is created as a [single,] centralized
marketplace [market] for the sale and purchase of individual
health insurance plans by employees enrolled in an individual
coverage health reimbursement arrangement [various products that]
[enable individuals to pay for health care. These products]
[include, but are not limited to, health insurance plans, health]
[maintenance organization plans, prepaid services, service]
[contracts, and flexible spending accounts]. The components of the
program include:
(a) Enrollment of employers.
(b) Administrative services for participating employers,
including:
1. Assistance in seeking federal approval of cafeteria
plans.
2. Collection of premiums and other payments.
3. Management of individual benefit accounts.
4. Distribution of premiums to insurers and payments to
other eligible vendors.
5. Assistance for participants in complying with reporting
requirements.
(c) Services to individual participants, including:
1. Information about available products and participating
vendors.
2. Assistance with assessing the benefits and limits of
each product[, including information necessary to distinguish]
[between policies offering creditable coverage and other products]
[available through the program].
3. Account information to assist individual participants
with managing available resources.
4. Services that promote healthy behaviors.
(d) Recruitment of vendors, including insurers and[,] health
maintenance organizations[, prepaid clinic service providers,]
[provider service networks, and other providers].
(e) Certification of vendors to ensure capability,
reliability, and validity of offerings.
(f) Collection of data, monitoring, assessment, and
reporting of vendor performance.
(g) Information services for individuals and employers.
(h) Program evaluation.
(4) ELIGIBILITY AND PARTICIPATION.—Participation in the
program is voluntary and shall be available to employers,
individuals, vendors, and health insurance agents as specified
in this subsection.
(a) Employers eligible to enroll in the program include
those employers that meet criteria established by the
corporation and elect to make their employees eligible through
the program.
(b) Individuals eligible to participate in the program
include:
1. Individual employees of enrolled employers.
2. Other individuals that meet criteria established by the
corporation.
(c) Employers who choose to participate in the program may
enroll by complying with the procedures established by the
corporation. The procedures must include, but are not limited
to:
1. Submission of required information.
2. Compliance with federal tax requirements for the
establishment of a cafeteria plan, pursuant to s. 125 of the
Internal Revenue Code, including designation of the employer’s
plan as a premium payment plan, a salary reduction plan that has
flexible spending arrangements, or a salary reduction plan that
has a premium payment and flexible spending arrangements.
3. Determination of the employer’s contribution, if any,
per employee, provided that such contribution is equal for each
eligible employee.
4. Establishment of payroll deduction procedures, subject
to the agreement of each individual employee who voluntarily
participates in the program.
5. Designation of the corporation as the third-party
administrator for the employer’s health benefit plan.
6. Identification of eligible employees.
7. Arrangement for periodic payments.
8. Employer notification to employees of the intent to
transfer from an existing employee health plan to the program at
least 90 days before the transition.
(d) All eligible vendors who choose to participate and the
products and services that the vendors are permitted to sell are
as follows:
1. Insurers licensed under chapter 624 may sell health
insurance policies[, limited benefit policies, other risk-bearing]
[coverage, and other products or services].
2. Health maintenance organizations licensed under part I
of chapter 641 may sell health maintenance contracts[, limited]
[benefit policies, other risk-bearing products, and other]
[products or services].
[3. Prepaid limited health service organizations may sell]
[products and services as authorized under part I of chapter 636,]
[and discount plan organizations may sell products and services]
[as authorized under part II of chapter 636.]
[4. Prepaid health clinic service providers licensed under]
[part II of chapter 641 may sell prepaid service contracts and]
[other arrangements for a specified amount and type of health]
[services or treatments.]
[5. Health care providers, including hospitals and other]
[licensed health facilities, health care clinics, licensed health]
[professionals, pharmacies, and other licensed health care]
[providers, may sell service contracts and arrangements for a]
[specified amount and type of health services or treatments.]
[6. Provider organizations, including service networks,]
[group practices, professional associations, and other]
[incorporated organizations of providers, may sell service]
[contracts and arrangements for a specified amount and type of]
[health services or treatments.]
[7. Corporate entities providing specific health services in]
[accordance with applicable state law may sell service contracts]
[and arrangements for a specified amount and type of health]
[services or treatments.]
[A vendor described in subparagraphs 3.-7. may not sell products]
[that provide risk-bearing coverage unless that vendor is]
[authorized under a certificate of authority issued by the Office]
[of Insurance Regulation and is authorized to provide coverage in]
[the relevant geographic area. Otherwise] Eligible vendors may be
excluded from participating in the program for deceptive or
predatory practices, financial insolvency, or failure to comply
with the terms of the participation agreement or other standards
set by the corporation.
(e) Eligible individuals may participate in the program
voluntarily. Individuals who join the program may participate by
complying with the procedures established by the corporation.
These procedures must include, but are not limited to:
1. Submission of required information.
2. Authorization for payroll deduction.
3. Compliance with federal tax requirements.
4. Arrangements for payment.
5. Selection of products and services.
(f) Vendors who choose to participate in the program may
enroll by complying with the procedures established by the
corporation. These procedures may include, but are not limited
to:
1. Submission of required information, including a complete
description of the coverage, services, provider network, payment
restrictions, and other requirements of each product offered
through the program.
2. Execution of an agreement to comply with requirements
established by the corporation.
3. Execution of an agreement that prohibits refusal to sell
any offered product or service to a participant who elects to
buy it.
4. [Establishment of product prices based on applicable]
[criteria.]
[5.] Arrangements for receiving payment for enrolled
participants.
5.[6.] Participation in ongoing reporting processes
established by the corporation.
6.[7.] Compliance with grievance procedures established by
the corporation.
(g) Health insurance agents licensed under part IV of
chapter 626 are eligible to voluntarily participate as buyers’
representatives. A buyer’s representative acts on behalf of an
individual purchasing health insurance and health services
through the program by providing information about products and
services available through the program and assisting the
individual with both the decision and the procedure of selecting
specific products. Serving as a buyer’s representative does not
constitute a conflict of interest with continuing
responsibilities as a health insurance agent if the relationship
between each agent and any participating vendor is disclosed
before advising an individual participant about the products and
services available through the program. In order to participate,
a health insurance agent shall comply with the procedures
established by the corporation, including:
1. Completion of training requirements.
2. Execution of a participation agreement specifying the
terms and conditions of participation.
3. Disclosure of any appointments to solicit insurance or
procure applications for vendors participating in the program.
4. Arrangements to receive payment from the corporation for
services as a buyer’s representative.
(5) PRODUCTS.—
[(a)] The products that may be made available for purchase
through the program include[, but are not limited to:]
[1.] health insurance policies and[.]
[2.] health maintenance contracts.
[3. Limited benefit plans.]
[4. Prepaid clinic services.]
[5. Service contracts.]
[6. Arrangements for purchase of specific amounts and types]
[of health services and treatments.]
[7. Flexible spending accounts.]
[(b) Health insurance policies, health maintenance]
[contracts, limited benefit plans, prepaid service contracts, and]
[other contracts for services must ensure the availability of]
[covered services.]
[(c) Products may be offered for multiyear periods provided]
[the price of the product is specified for the entire period or]
[for each separately priced segment of the policy or contract.]
[(d) The corporation shall provide a disclosure form for]
[consumers to acknowledge their understanding of the nature of,]
[and any limitations to, the benefits provided by the products]
[and services being purchased by the consumer.]
[(e) The corporation must determine that making the plan]
[available through the program is in the interest of eligible]
[individuals and eligible employers in the state.]
(6) SURCHARGE [PRICING].—[Prices for the products and services]
[sold through the program must be transparent to participants and]
[established by the vendors.] The corporation shall annually
assess a surcharge for each premium or price set by a
participating vendor. The surcharge may not be more than 2.5
percent of the price and must [shall] be used to generate funding
for administrative services provided by the corporation and
payments to buyers’ representatives.
(7) [THE] MARKETPLACE PROCESS.—The program shall provide a
[single,] centralized marketplace [market] for access to [purchase of]
health insurance and[,] health maintenance contracts by an
employee enrolled in an individual coverage health reimbursement
arrangement[, and other health products and services]. Purchases
may be made by participating individuals over the Internet or
through the services of a participating health insurance agent.
Information about each product and service available through the
program must [shall] be made available through printed material
and an interactive Internet website. A participant needing
personal assistance to select products and services must [shall]
be referred to a participating agent in his or her area.
(a) Participation in the program may begin at any time
during a year after the employer completes enrollment and meets
the requirements specified by the corporation pursuant to
paragraph (4)(c).
(b) Initial selection of products and services must be made
by an individual participant within the applicable open
enrollment period.
[(c) Initial enrollment periods for each product selected by]
[an individual participant must last at least 12 months, unless]
[the individual participant specifically agrees to a different]
[enrollment period.]
[(d) If an individual has selected one or more products and]
[enrolled in those products for at least 12 months or any other]
[period specifically agreed to by the individual participant,]
[changes in selected products and services may only be made]
[during the annual enrollment period established by the]
[corporation.]
[(e) The limits established in paragraphs (b)-(d) apply to]
[any risk-bearing product that promises future payment or]
[coverage for a variable amount of benefits or services. The]
[limits do not apply to initiation of flexible spending plans if]
[those plans are not associated with specific high-deductible]
[insurance policies or the use of spending accounts for any]
[products offering individual participants specific amounts and]
[types of health services and treatments at a contracted price.]
(8) CONSUMER INFORMATION.—The corporation shall:
(a) Establish a secure website to facilitate the purchase
of products and services by participating individuals. The
website must provide information about each product or service
available through the program.
(b) Inform individuals about other public health care
programs.
(9) [RISK POOLING.—The program may use methods for pooling]
[the risk of individual participants and preventing selection]
[bias. These methods may include, but are not limited to, a]
[postenrollment risk adjustment of the premium payments to the]
[vendors. The corporation may establish a methodology for]
[assessing the risk of enrolled individual participants based on]
[data reported annually by the vendors about their enrollees.]
[Distribution of payments to the vendors may be adjusted based on]
[the assessed relative risk profile of the enrollees in each]
[risk-bearing product for the most recent period for which data]
[is available.]
[(10)] EXEMPTION [EXEMPTIONS].—
[(a) Products, other than the products set forth in]
[subparagraphs (4)(d)1.-4., sold as part of the program are not]
[subject to the licensing requirements of the Florida Insurance]
[Code, as defined in s. 624.01 or the mandated offerings or]
[coverages established in part VI of chapter 627 and chapter 641.]
[(b)] The corporation may act as an administrator as defined
in s. 626.88 but is not required to be certified pursuant to
part VII of chapter 626. However, a third party administrator
used by the corporation must be certified under part VII of
chapter 626.
[(c) Any standard forms, website design, or marketing]
[communication developed by the corporation and used by the]
[corporation, or any vendor that meets the requirements of]
[paragraph (4)(f) is not subject to the Florida Insurance Code,]
[as established in s. 624.01.]
(10) CORPORATION.—There is created Florida Employee Health
Choices, Inc., which shall be registered, incorporated,
organized, and operated in compliance with part III of chapter
112 and chapters 119, 286, and 617. The purpose of the
corporation is to administer the program created in this section
and to conduct such other business as may further the
administration of the program. The Department of Management
Services shall facilitate the formation of the corporation and
provide administrative support for the corporation until January
1, 2029. The corporation must be self-sustaining and no longer
require administrative assistance from the Department of
Management Services by January 1, 2029.
(a) The corporation shall be governed by an eight-member
board of directors. Board members shall be appointed for terms
of up to 3 years and shall be eligible for reappointment. A
vacancy on the board shall be filled for the unexpired portion
of the term in the same manner as the original appointment.
Board members may not include an individual who is affiliated
with or employed by an eligible vendor or a subsidiary of an
eligible vendor. Board members shall serve without compensation,
but are entitled to receive, from funds of the corporation,
reimbursement for per diem and travel expenses as provided in s.
112.061. The membership of the board shall consist of:
1. Three members appointed by the Governor.
2. Two members appointed by the President of the Senate.
3. Two members appointed by the Speaker of the House of
Representatives.
4. The Secretary of Management Services or a designee with
expertise in state employee benefits and procurement, as an ex
officio nonvoting member.
(b) The corporation may exercise all powers granted to it
under chapter 617 necessary to carry out the purposes of this
section, including, but not limited to, the power to receive and
accept grants, loans, or advances of funds from any public or
private agency and to receive and accept from any source
contributions of money, property, labor, or any other thing of
value to be held, used, and applied for the purposes of this
section.
(c) There is no liability on the part of, and a cause of
action may not arise against, any member of the board or its
employees or agents for any action taken by them in exercising
their powers and performing their duties under this section.
(d) The board shall develop and adopt bylaws and other
corporate procedures necessary for the operation of the
corporation and carrying out the purposes of this section. At a
minimum, the bylaws must:
1. Specify procedures for selection of officers and
qualifications for reappointment, provided that a board member
may not serve more than 9 consecutive years.
2. Require an annual membership meeting that provides an
opportunity for input and interaction with individual
participants in the program.
3. Specify policies and procedures regarding conflicts of
interest, including part III of chapter 112, which prohibit a
member from participating in any decision that would inure to
the benefit of the member or the organization that employs the
member. The policies and procedures must also require public
disclosure of the interest that prevents the member from
participating in a decision on a particular matter.
4. Specify procedures for adopting an annual budget.
5. Specify procedures for selecting a chief executive
officer for the corporation who shall be responsible for
securing staff and consultant services necessary for the
operation of the program as may be authorized by the
corporation’s operating budget.
(e) The corporation shall establish policies and procedures
for application, enrollment, plan administration, performance
monitoring, and consumer education, and other policies and
procedures necessary for the operation of the program,
including, but not limited to:
1. Criteria for participation in the program and procedures
for determining the eligibility of employers, vendors,
individuals, and health insurance agents and their employers to
participate in the program.
2. Exclusion of vendors pursuant to paragraph (4)(d).
3. Collection of contributions from participating employers
and individuals.
4. Payment of premiums and other appropriate disbursements
based on the selections of products and services by
participating individuals.
5. Disenrollment of participating individuals based on
failure to pay the individual’s share of any contribution
required to maintain enrollment in selected products.
(f) The corporation shall procure a vendor to facilitate a
platform that streamlines the purchase of individual coverage
for employees enrolled in individual coverage health
reimbursement arrangements.
1. Within 90 days after the formation of the corporation,
the department shall, as directed by the board, issue an
invitation to negotiate to procure the vendor. Responsive
bidders must demonstrate the ability to establish a platform
fully operational for open enrollment by January 1, 2028, and
provide for initial, open, and special enrollment periods.
2. The department shall evaluate and score the procurement
bids, enter into negotiations at the direction of the board, and
make recommendations to the board related to the contract award.
The corporation shall select the vendor and execute the contract
within 180 days after the issuance of the invitation to
negotiate.
(g) The corporation shall develop and implement a plan for
promoting public awareness of and participation in the program
and shall establish a toll-free hotline to respond to requests
for assistance from employers and plan enrollees.
(h) The corporation may evaluate and implement additional
options for employer participation which conform with common
insurance practices.
[(11) CORPORATION.—There is created the Florida Health]
[Choices, Inc., which shall be registered, incorporated,]
[organized, and operated in compliance with part III of chapter]
[112 and chapters 119, 286, and 617. The purpose of the]
[corporation is to administer the program created in this section]
[and to conduct such other business as may further the]
[administration of the program.]
[(a) The corporation shall be governed by a 15-member board]
[of directors consisting of:]
[1. Three ex officio, nonvoting members to include:]
[a. The Secretary of Health Care Administration or a]
[designee with expertise in health care services.]
[b. The Secretary of Management Services or a designee with]
[expertise in state employee benefits.]
[c. The commissioner of the Office of Insurance Regulation]
[or a designee with expertise in insurance regulation.]
[2. Four members appointed by and serving at the pleasure of]
[the Governor.]
[3. Four members appointed by and serving at the pleasure of]
[the President of the Senate.]
[4. Four members appointed by and serving at the pleasure of]
[the Speaker of the House of Representatives.]
[5. Board members may not include insurers, health insurance]
[agents or brokers, health care providers, health maintenance]
[organizations, prepaid service providers, or any other entity,]
[affiliate or subsidiary of eligible vendors.]
[(b) Members shall be appointed for terms of up to 3 years.]
[Any member is eligible for reappointment. A vacancy on the board]
[shall be filled for the unexpired portion of the term in the]
[same manner as the original appointment.]
[(c) The board shall select a chief executive officer for]
[the corporation who shall be responsible for the selection of]
[such other staff as may be authorized by the corporation’s]
[operating budget as adopted by the board.]
[(d) Board members are entitled to receive, from funds of]
[the corporation, reimbursement for per diem and travel expenses]
[as provided by s. 112.061. No other compensation is authorized.]
[(e) There is no liability on the part of, and no cause of]
[action shall arise against, any member of the board or its]
[employees or agents for any action taken by them in the]
[performance of their powers and duties under this section.]
[(f) The board shall develop and adopt bylaws and other]
[corporate procedures as necessary for the operation of the]
[corporation and carrying out the purposes of this section. The]
[bylaws shall:]
[1. Specify procedures for selection of officers and]
[qualifications for reappointment, provided that no board member]
[shall serve more than 9 consecutive years.]
[2. Require an annual membership meeting that provides an]
[opportunity for input and interaction with individual]
[participants in the program.]
[3. Specify policies and procedures regarding conflicts of]
[interest, including the provisions of part III of chapter 112,]
[which prohibit a member from participating in any decision that]
[would inure to the benefit of the member or the organization]
[that employs the member. The policies and procedures shall also]
[require public disclosure of the interest that prevents the]
[member from participating in a decision on a particular matter.]
[(g) The corporation may exercise all powers granted to it]
[under chapter 617 necessary to carry out the purposes of this]
[section, including, but not limited to, the power to receive and]
[accept grants, loans, or advances of funds from any public or]
[private agency and to receive and accept from any source]
[contributions of money, property, labor, or any other thing of]
[value to be held, used, and applied for the purposes of this]
[section.]
[(h) The corporation shall:]
[1. Determine eligibility of employers, vendors,]
[individuals, and agents in accordance with subsection (4).]
[2. Establish procedures necessary for the operation of the]
[program, including, but not limited to, procedures for]
[application, enrollment, risk assessment, risk adjustment, plan]
[administration, performance monitoring, and consumer education.]
[3. Arrange for collection of contributions from]
[participating employers and individuals.]
[4. Arrange for payment of premiums and other appropriate]
[disbursements based on the selections of products and services]
[by the individual participants.]
[5. Establish criteria for disenrollment of participating]
[individuals based on failure to pay the individual’s share of]
[any contribution required to maintain enrollment in selected]
[products.]
[6. Establish criteria for exclusion of vendors pursuant to]
[paragraph (4)(d).]
[7. Develop and implement a plan for promoting public]
[awareness of and participation in the program.]
[8. Secure staff and consultant services necessary to the]
[operation of the program.]
[9. Establish policies and procedures regarding]
[participation in the program for individuals, vendors, health]
[insurance agents, and employers.]
[10. Provide for the operation of a toll-free hotline to]
[respond to requests for assistance.]
[11. Provide for initial, open, and special enrollment]
[periods.]
[12. Evaluate options for employer participation which may]
[conform with common insurance practices.]
(11)[(12)] REPORT.—Beginning in the 2027-2028 [2009-2010]
fiscal year, the corporation shall submit by February 1 an
annual report to the Governor, the President of the Senate, and
the Speaker of the House of Representatives documenting the
corporation’s activities in compliance with the duties
delineated in this section.
(12)[(13)] PROGRAM INTEGRITY.—To ensure program integrity and
to safeguard the financial transactions made under the auspices
of the program, the corporation is authorized to establish
qualifying criteria and certification procedures for vendors,
require performance bonds or other guarantees of ability to
complete contractual obligations, monitor the performance of
vendors, and enforce the agreements of the program through
financial penalty or disqualification from the program.
(13)[(14)] EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
(a) Definitions.—For purposes of this subsection, the term:
1. “Buyer’s representative” means a participating insurance
agent as described in paragraph (4)(g).
2. “Enrollee” means an employer who is eligible to enroll
in the program pursuant to paragraph (4)(a).
3. “Participant” means an individual who is eligible to
participate in the program pursuant to paragraph (4)(b).
4. “Proprietary confidential business information” means
information, regardless of form or characteristics, that is
owned or controlled by a vendor requesting confidentiality under
this section; that is intended to be and is treated by the
vendor as private in that the disclosure of the information
would cause harm to the business operations of the vendor; that
has not been disclosed unless disclosed pursuant to a statutory
provision, an order of a court or administrative body, or a
private agreement providing that the information may be released
to the public; and that is information concerning:
a. Business plans.
b. Internal auditing controls and reports of internal
auditors.
c. Reports of external auditors for privately held
companies.
d. Client and customer lists.
e. Potentially patentable material.
f. A trade secret as defined in s. 688.002.
5. “Vendor” means a participating insurer or other provider
of services as described in paragraph (4)(d).
(b) Public record exemptions.—
1. Personal identifying information of an enrollee or
participant who has applied for or participates in the Florida
Employee Health Choices Program is confidential and exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. Client and customer lists of a buyer’s representative
held by the corporation are confidential and exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
3. Proprietary confidential business information held by
the corporation is confidential and exempt from s. 119.07(1) and
s. 24(a), Art. I of the State Constitution.
(c) Retroactive application.—The public record exemptions
provided for in paragraph (b) apply to information held by the
corporation before, on, or after the effective date of this
exemption.
(d) Authorized release.—
1. Upon request, information made confidential and exempt
pursuant to this subsection must [shall] be disclosed to:
a. Another governmental entity in the performance of its
official duties and responsibilities.
b. Any person who has the written consent of the program
applicant.
c. The Florida Kidcare program for the purpose of
administering the program authorized in ss. 409.810-409.821.
2. Paragraph (b) does not prohibit a participant’s legal
guardian from obtaining confirmation of coverage, dates of
coverage, the name of the participant’s health plan, and the
amount of premium being paid.
(e) Penalty.—A person who knowingly and willfully violates
this subsection commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Section 2. Paragraph (a) of subsection (2) of section
409.821, Florida Statutes, is amended to read:
409.821 Florida Kidcare program public records exemption.—
(2)(a) Upon request, such information shall be disclosed
to:
1. Another governmental entity in the performance of its
official duties and responsibilities;
2. The Department of Revenue for purposes of administering
the state Title IV-D program;
3. [The] Florida Employee Health Choices, Inc., for the
purpose of administering the program authorized pursuant to s.
408.910; or
4. Any person who has the written consent of the program
applicant.
Section 3. Subsection (3) of section 409.9122, Florida
Statutes, is amended to read:
409.9122 Medicaid managed care enrollment; HIV/AIDS
patients; procedures; data collection; accounting; information
system; medical loss ratio.—
(3) The agency shall develop a process to enable any
recipient with access to employer-sponsored health care coverage
to opt out of all eligible plans in the Medicaid program and to
use Medicaid financial assistance to pay for the recipient’s
share of cost in any such employer-sponsored coverage.
Contingent on federal approval, the agency shall also enable
recipients with access to other insurance or related products
that provide access to health care services created pursuant to
state law, including any plan or product available pursuant to
the Florida Employee Health Choices Program or any health
exchange, to opt out. The amount of financial assistance
provided for each recipient may not exceed the amount of the
Medicaid premium that would have been paid to a plan for that
recipient.
Section 4. Subsection (4) of section 409.977, Florida
Statutes, is amended to read:
409.977 Enrollment.—
(4) The agency shall develop a process to enable a
recipient with access to employer-sponsored health care coverage
to opt out of all managed care plans and to use Medicaid
financial assistance to pay for the recipient’s share of the
cost in such employer-sponsored coverage. The agency shall also
enable recipients with access to other insurance or related
products providing access to health care services created
pursuant to state law, including any product available under the
Florida Employee Health Choices Program, or any health exchange,
to opt out. The amount of financial assistance provided for each
recipient may not exceed the amount of the Medicaid premium that
would have been paid to a managed care plan for that recipient.
The agency shall require Medicaid recipients with access to
employer-sponsored health care coverage to enroll in that
coverage and use Medicaid financial assistance to pay for the
recipient’s share of the cost for such coverage. The amount of
financial assistance provided for each recipient may not exceed
the amount of the Medicaid premium that would have been paid to
a managed care plan for that recipient. The agency may exceed
this amount for a high-cost patient if it determines it would be
cost effective to do so. The agency shall annually, beginning
June 30, 2026, submit an annual report on the program to the
Legislature including, but not limited to, the level of
participation; participant demographics, income levels, type of
employer-based coverage, and amount of health care utilization;
and a cost-effectiveness analysis both in the aggregate and on
an individual patient basis.
Section 5. This act shall take effect July 1, 2026.

Renaming the "Florida Health Choices Program" as the "Florida Employee Health Choices Program"; revising eligibility and participation requirements for vendors under the program; revising the types of health insurance products that are available for purchase through the program; revising the structure of the insurance marketplace process under the program, etc.

Sponsors

Sen. Jonathan Martin (R) sponsors S 1460 alone.

Jonathan Martin

Sen. · R–33 · Sponsor

History

S 1460 has taken 4 actions since Jan 8, 2026, the latest on Mar 13, 2026.

ChamberAction
Mar 13, 2026
Senate
Died in Health Policy
Jan 22, 2026
Senate
Introduced
Jan 16, 2026
Senate
Referred to Health Policy; Banking and Insurance; Rules
Jan 8, 2026
Senate
Filed

Votes

S 1460 has not gone to a roll call.

Source: flsenate.gov · legiscan.com