H 1491

F   L      O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
    HB 1491  2026
1A bill to be entitled
2An act relating to Florida Health Plan trust fund;
3creating s. 641.76, F.S.; creating the Florida Health
4Fund for the Florida Health Plan; providing for the
5administration of the fund; providing for sources of
6funds and purpose; requiring claims for health care
7services to be made to the fund; providing for
8disbursement from the fund; providing for the accounts
9in the fund; requiring moneys received by the fund to
10be paid to a specified person; prohibiting such person
11from commingling the funds with other moneys;
12requiring necessary waivers, exemptions, agreements,
13and legislation to be obtained for federal payments
14for the fund; providing for future review and
15termination or re-creation of the fund; amending s.
16641.73, F.S.; defining the term "fund"; amending s.
17641.74, F.S.; providing eligibility of certain
18retirees for the plan under certain circumstances;
19amending s. 641.77, F.S.; providing that the Florida
20Health Plan's responsibility for providing health care
21is secondary to existing federal programs if funding
22for these programs is not transferred to the fund;
23amending s. 641.78, F.S.; requiring collateral sources
24to pay a certain sum to the fund under certain
25circumstances; amending s. 641.793, F.S.; providing
                                                  Page 1 of 10
 CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb1491-00
F   L   O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
 HB 1491  2026
26duties of the Florida Health Board relating to the
27fund; amending s. 641.797, F.S.; providing duties of
28the plan auditor relating to the fund; providing an
29appropriation; amending s. 641.798, F.S.; providing
30applicability of the Code of Ethics for Public
31Officers and Employees to the employees and the
32director of the fund; providing an appropriation;
33providing a contingent effective date.
34
35    Be It Enacted by the Legislature of the State of Florida:
36
37Section 1.       Section 641.76, Florida Statutes, is created to
38    read:
39641.76      Florida Health Fund.—
40(1)     The Florida Health Fund, a revolving fund, is
41    established under the jurisdiction and control of the Florida
42    Health Board to implement the Florida Health Plan and to receive
43    premiums and other sources of revenue. The fund shall be
44    administered by a director appointed by the board.
45(a)     All moneys collected, received, and transferred
46    according to this section shall be deposited in the fund. Moneys
47    deposited in the fund shall be used exclusively to finance the
48    plan.
49(b)     All claims for health care services rendered shall be
50    made to the fund. Payments made for health care services shall
                                               Page 2 of 10
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                      hb1491-00
F   L   O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
 HB 1491  2026
51    be disbursed from the fund.
52(c)      Revenues collected each year must be sufficient to
53    cover that year's projected costs for the plan.
54(2)(a)      The fund shall have operating, capital, and reserve
55    accounts.
561.      The operating account in the fund comprises the
57    following accounts:
58a.      Medical services account. The medical services account
59    must be used to provide for all medical services and benefits
60    covered under the plan.
61b.      Prevention account. The prevention account must be used
62    to establish and maintain primary community prevention programs,
63    including preventive screening tests.
64c.      Program administration, evaluation, planning, and
65    assessment account. The program administration, evaluation,
66    planning, and assessment account must be used to monitor and
67    improve the plan's effectiveness and operations. The board may
68    establish grant programs, including demonstration projects, for
69    the account's purpose.
70d.      Training and development account. The training and
71    development account must be used to incentivize the training and
72    development of health care providers and the health care
73    workforce needed to meet the health care needs of the
74    population.
75e.      Health service research account. The health service
                                               Page 3 of 10
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                      hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
76     research account must be used to support research and innovation
77     as determined by the board and recommended by the Office of
78     Health Quality and Planning and the Ombudsman Office for Patient
79     Advocacy.
802.      The capital account must be used to pay for capital
81     expenditures for institutional providers.
823.      The reserve account must at all times hold an amount
83     estimated in the aggregate to provide for the payment of all
84     losses and claims for which the plan may be liable and to
85     provide for the expense of adjustment or settlement of losses
86     and claims.
87(b)      Money currently held in reserve by state, city, and
88     county health programs must be transferred to the fund when the
89     plan replaces those programs.
90(c)      The board shall have provisions in place to insure the
91     plan against unforeseen expenditures or revenue shortfalls not
92     covered by the reserve account. The board may borrow money to
93     cover temporary shortfalls.
94(3)(a)      All moneys received by the fund shall be paid to
95     the Director of the Office of Finance and Budget as agent of the
96     board, who may not commingle these funds with any other money.
97     The moneys in these accounts shall be paid out on warrants drawn
98     by the commissioner on requisition by the board.
99(b)      The fund shall be separate from the State Treasury.
100    The board shall manage the fund and has exclusive authority over
                                                Page 4 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
101    the fund.
102(4)(a)      The board shall:
1031.      Determine the aggregate cost of providing health care
104    according to this part.
1052.      Coordinate with existing, ongoing funding sources from
106    federal and state programs.
107(b)      All federal funding received by this state shall be
108    appropriated to the fund to be used to administer the plan under
109    this part. Federal funding that is received for implementing and
110    administering the plan shall be used to provide health care for
111    residents of this state.
112(c)      The chief executive officer of the Florida Health Plan
113    and, if required under federal law, the Secretary of Commerce
114    shall seek waivers, exemptions, agreements, or legislation
115    necessary for all current federal payments to this state to be
116    sent directly to the fund. If any required waiver, exemption,
117    agreement, or legislation is obtained, the plan must assume
118    responsibility for all health care benefits and health care
119    services previously paid for with federal funds. In obtaining
120    the waivers, exemptions, agreements, or legislation, the chief
121    executive officer and, if required, the secretary shall seek
122    from the Federal Government a contribution for health care
123    services in this state which:
1241.      Reflects medical inflation, the state gross domestic
125    product, the size and age of the population, the number of
                                                Page 5 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
126    residents living below the poverty level, and the number of
127    individuals eligible for Medicare and veterans' benefits.
1282.      Does not decrease in relation to the federal
129    contribution to other states as a result of the waivers,
130    exemptions, agreements, or savings from implementation of the
131    plan.
132(5)     In accordance with s. 19(f)(2), Art. III of the State
133    Constitution, the Florida Health Fund shall, unless terminated
134    sooner, be terminated on July 1, 2030. Before its scheduled
135    termination, the trust fund shall be reviewed as provided in s.
136    215.3206(1) and (2).
137Section 2.       Subsections (2) through (6) of section 641.73,
138    Florida Statutes, as created by HB 1489, 2026 Regular Session,
139    are renumbered as subsections (3) through (7), respectively, and
140    a new subsection (2) is added to that section, to read:
141641.73      Definitions.—As used in this part, the term:
142(2)     "Fund" means the Florida Health Fund established in s.
143    641.76.
144Section 3.       Paragraph (f) of subsection (1) of section
145    641.74, Florida Statutes, as created by HB 1489, 2026 Regular
146    Session, is amended to read:
147641.74      Eligibility for and enrollment in the Florida
148    Health Plan.—
149(1)     ELIGIBILITY.—
150(f)     All persons who are eligible for retiree health care
                                                Page 6 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
151    benefits under an employer-employee contract remain eligible for
152    those benefits if the contractually mandated payments for those
153    benefits are made to the Florida Health Fund. The fund must
154    assume financial responsibility for care provided under the
155    terms of the contract along with additional health benefits
156    covered by the plan. A retiree who is covered under the plan and
157    who elects to reside outside of this state is eligible for
158    benefits under the terms and conditions of the retiree's
159    employer-employee contract.
160Section 4.       Paragraph (c) of subsection (2) of section
161    641.77, Florida Statutes, as created by HB 1489, 2026 Regular
162    Session, is amended to read:
163641.77      Federal preemption.—
164(2)
165(c)     The Florida Health Plan's responsibility for providing
166    health care is secondary to existing federal programs for health
167    care services to the extent that funding for these programs is
168    not transferred to the Florida Health Fund or that the transfer
169    is delayed beyond the date on which initial benefits are
170    provided under the plan.
171Section 5.       Paragraph (a) of subsection (4) of section
172    641.78, Florida Statutes, as created by HB 1489, 2026 Regular
173    Session, is amended to read:
174641.78      Subrogation.—
175(4)     If a person who receives health care services under
                                                Page 7 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
176    the plan is entitled to coverage, reimbursement, indemnity, or
177    other compensation from a collateral source, the person must
178    notify the health care provider and provide information
179    identifying the collateral source, the nature and extent of
180    coverage or entitlement, and other relevant information. The
181    health care provider shall forward this information to the
182    board. The person entitled to coverage, reimbursement,
183    indemnity, or other compensation from a collateral source must
184    provide additional information as requested by the board.
185(a)     The plan shall seek reimbursement from the collateral
186    source for services provided to the person and may take
187    appropriate action, including legal proceedings, to recover the
188    reimbursement. Upon demand, the collateral source shall pay to
189    the Florida Health Fund the sum that it would have paid or spent
190    on behalf of the person for the health care services provided by
191    the plan.
192Section 6.       Paragraphs (d) through (o) of subsection (3) of
193    section 641.793, Florida Statutes, as created by HB 1489, 2026
194    Regular Session, are redesignated as paragraphs (e) through (p),
195    respectively, subsection (1) is amended, a new paragraph (d) is
196    added to subsection (3), and paragraph (h) is added to
197    subsection (5) of that section, to read:
198641.793     Florida Health Board.—
199(1)     By December 1, 2026, the Florida Health Board shall be
200    established to promote the delivery of high-quality, coordinated
                                                Page 8 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
201    health care services that enhance health; prevent illness,
202    disease, and disability; slow the progression of chronic
203    diseases; and improve personal health management. The board
204    shall administer the Florida Health Plan. The board shall
205    oversee:
206(a)     The Office of Health Quality and Planning established
207    in s. 641.795.
208(b)     The Florida Health Fund.
209(3)     The board shall:
210(d)     Hire a director for the Florida Health Fund, who must
211    take the oath described in paragraph (2)(b).
212(5)     The board has the following financial duties:
213(h)     Administer the Florida Health Fund, annually determine
214    the appropriate level for the plan reserve account, and
215    implement policies needed to establish the appropriate reserve.
216Section 7.       Paragraph (a) of subsection (2) of section
217    641.797, Florida Statutes, as created by HB 1489, 2026 Regular
218    Session, is amended to read:
219641.797     Auditor for the Florida Health Plan.—
220(2)     The auditor for the Florida Health Plan shall:
221(a)     Investigate, audit, and review the financial and
222    business records of the plan and the Florida Health Fund.
223Section 8.       Subsection (1) of section 641.798, Florida
224    Statutes, as created by HB 1489, 2026 Regular Session, is
225    amended to read:
                                                Page 9 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00
F   L    O   R     I   D   A   H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S
  HB 1491  2026
226641.798     Ethics and conflicts of interest; Conflict of
227    Interest Committee.—
228(1)     The Code of Ethics for Public Officers and Employees
229    under part III of chapter 112 applies to the employees and the
230    chief executive officer of the Florida Health Plan, the
231    employees and members of the Florida Health Board, the employees
232    and members of the regional planning boards and the regional
233    health planning directors, the employees and the director of the
234    Florida Health Fund, the employees and the director of the
235    Office of Health Quality and Planning, the employees and the
236    ombudsman of the Ombudsman Office for Patient Advocacy, and the
237    auditor for the Florida Health Plan. Failure to comply with the
238    code of ethics under part III of chapter 112 is grounds for
239    disciplinary action, which may include termination of employment
240    or removal from the board.
241Section 9.       For the 2026-2027 fiscal year, an adequate sum
242    is appropriated from the General Revenue Fund to the Florida
243    Health Fund under the Florida Health Plan to provide startup
244    funding for the provisions of this act and the immediate
245    establishment of an exploratory staff to pursue the foundation
246    of this act.
247Section 10.  This act shall take effect July 1, 2026, but
248    only if HB 1489 or similar legislation is adopted in the same
249    legislative session or an extension thereof and becomes a law.
                                               Page 10 of 10
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                       hb1491-00