TALLAHASSEE, Fla. – Rep. Fentrice Driskell, Democratic leader of the Florida House of Representatives, is urging action on the expansion of the Florida KidCare program.
In a letter, she called on Gov. Ron DeSantis and Agency for Health Care Administration (AHCA) Secretary Jason Weida to implement the program, which was approved by the Centers for Medicare & Medicaid Services (CMS) on Dec. 2.
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The waiver extends eligibility to families earning up to 300% of the federal poverty level, as required under HB 121, which passed unanimously nearly a year ago. Driskell criticized the state’s delay, calling it “both irresponsible and indefensible” and noting it denies affordable health care to an estimated 42,000 children.
In a letter sent this week, Driskell condemned AHCA’s refusal to implement the waiver, citing claims that CMS should defer to the incoming Trump administration. She described the reasoning as disingenuous, pointing to AHCA’s history of requesting federal waivers during politically convenient moments.
Driskell also urged the administration to drop its ongoing lawsuit challenging federal protections requiring 12 months of continuous coverage for children in the Children’s Health Insurance Program. Since January, about 5,000 children per month have lost coverage due to non-payment of premiums.
Florida is the only state to reject the 12-month continuous enrollment requirement, which took effect on Jan. 1.
Florida’s delay in implementing the KidCare expansion is delayed due to the state’s legal challenges to federal guidelines requiring continuous health coverage for children enrolled in the Children’s Health Insurance Program (CHIP).
These guidelines prevent states from canceling coverage for nonpayment of premiums during a 12-month eligibility period. The state’s lawsuit, filed in February, claims these requirements violate the Administrative Procedure Act and jeopardize the program’s financial stability, which relies in part on family premium payments.
In May, U.S. District Judge William Jung dismissed the lawsuit, ruling that Florida must address its concerns through an administrative challenge with CMS rather than federal court. The state has since appealed to the 11th U.S. Circuit Court of Appeals in Atlanta but has not yet outlined its arguments.
Driskell’s concerns were echoed by U.S. Rep. Kathy Castor, who criticized the governor’s inaction. “It’s cruel and short-sighted for Gov. DeSantis to deprive Florida children of the doctor visits and health services they need to stay healthy as intended by a bipartisan initiative of the Florida Legislature,” Castor stated.
“Our taxpayer dollars are better spent providing children health care rather than litigating to deny it,” Driskell wrote, calling the lawsuit “unjustifiable and callous.” She emphasized that Florida, the only state fighting the federal rule, risks jeopardizing children’s health care nationwide if its legal theory succeeds.
Driskell appealed to the state’s legacy as a leader in children’s health policy, referencing the creation of KidCare in 1992 as a model for the national CHIP program.
“Ensuring children have access to adequate and affordable health care should not be a partisan issue,” Driskell wrote.
She urged immediate implementation of HB 121, compliance with federal law, and an end to partisan delays that harm Florida’s children.
