Florida Senate - 2023 SB 868



By Senator Yarborough





4-00699-23 2023868__
1 A bill to be entitled
2 An act relating to Medicaid coverage of home health
3 care services; amending s. 409.905, F.S.; defining the
4 terms “attendant care nursing services” and “private
5 duty nursing services”; authorizing the Agency for
6 Health Care Administration to pay for private duty
7 nursing services and attendant care nursing services
8 provided to Medicaid recipients under certain
9 circumstances; exempting certain home health agencies
10 from Medicare Conditions of Participation requirements
11 and equivalent accreditation requirements; providing
12 an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (d) is added to subsection (4) of
17 section 409.905, Florida Statutes, to read:
18 409.905 Mandatory Medicaid services.—The agency may make
19 payments for the following services, which are required of the
20 state by Title XIX of the Social Security Act, furnished by
21 Medicaid providers to recipients who are determined to be
22 eligible on the dates on which the services were provided. Any
23 service under this section shall be provided only when medically
24 necessary and in accordance with state and federal law.
25 Mandatory services rendered by providers in mobile units to
26 Medicaid recipients may be restricted by the agency. Nothing in
27 this section shall be construed to prevent or limit the agency
28 from adjusting fees, reimbursement rates, lengths of stay,
29 number of visits, number of services, or any other adjustments
30 necessary to comply with the availability of moneys and any
31 limitations or directions provided for in the General
32 Appropriations Act or chapter 216.
33 (4) HOME HEALTH CARE SERVICES.—The agency shall pay for
34 nursing and home health aide services, supplies, appliances, and
35 durable medical equipment, necessary to assist a recipient
36 living at home. An entity that provides such services must be
37 licensed under part III of chapter 400. These services,
38 equipment, and supplies, or reimbursement therefor, may be
39 limited as provided in the General Appropriations Act and do not
40 include services, equipment, or supplies provided to a person
41 residing in a hospital or nursing facility.
42 (d)1. As used in this paragraph, the term:
43 a. “Attendant care nursing services” means nursing
44 treatment as defined in s. 464.003, provided at a level of care
45 which requires more individualized and continuous care than can
46 be provided through a home health visit for a Medicaid recipient
47 21 years of age or older.
48 b. “Private duty nursing services” means nursing treatment
49 as defined in s. 464.003, provided at a level of care which
50 requires more individualized and continuous care than can be
51 provided through a home health visit for a Medicaid recipient
52 younger than 21 years of age.
53 2. The agency may pay for attendant care nursing services
54 and private duty nursing services provided to a recipient if
55 such services are rendered by a licensed home health agency as
56 defined in s. 400.462 and if the following requirements are met,
57 as applicable:
58 a. For a home health agency providing attendant care
59 nursing services, the provider is enrolled as an attendant care
60 nursing services specialty type.
61 b. For a home health agency providing private duty nursing
62 services, the provider is enrolled as a private duty nursing
63 services specialty type.
64 3. A home health agency that provides only private duty
65 nursing services or attendant care nursing services, or both, is
66 not required to meet the Medicare Conditions of Participation or
67 any equivalent accreditation requirements for home health
68 agencies.
69 Section 2. This act shall take effect July 1, 2023.