HB 173 2023
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hb0173-00
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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
A bill to be entitled 1
An act relating to Medicaid coverage of prescribed -2
food programs for disease treatment and prevention; 3
creating s. 409.90203, F.S.; providing definitions; 4
requiring the Agency for Health Care Administration, 5
in conjunction with the Department of Health, to 6
establish the Food Is Medicine Program to provide 7
Medicaid coverage for programs using medically 8
tailored groceries, medically tailored meals, and 9
produce prescriptions for specified Medicaid 10
recipients who are high -need patients or patients with 11
high-cost patient care or with the highest healthcare 12
utilization; requiring the agency, in conjunction with 13
the department, to seek federal approval and waivers 14
for the program; requiring the federal waiver 15
application to seek matching funds; requiring the 16
agency, in conjunction with the department, to adopt 17
rules; providing requirements for the rules; providing 18
an effective date. 19
20
Be It Enacted by the Legislat ure of the State of Florida: 21
22
Section 1. Section 409.90203, Florida Statutes, is created 23
to read: 24
409.90203 Food Is Medicine Program; Medicaid coverage for 25
HB 173 2023
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cost-reducing programs providing medically tailored groceries, 26
medically tailored meals, and p roduce prescriptions; federal 27
approval and waivers. — 28
(1) As used in this section, the term: 29
(a) "Medically tailored groceries" means a program 30
prescribed by a physician licensed under chapter 458 or chapter 31
459 for family-sized sets of fresh and health ful groceries 32
purchased and distributed with education and support to change 33
eating habits which: 34
1. Are in a protocol standard selected by a dietitian or 35
nutritionist licensed under s. 468.513 as part of a 6 -month 36
intervention treatment program that inc ludes, at a minimum, 37
behavioral health counseling, nutrition education, Food is 38
Medicine functional medicine classes, anatomy of disease 39
classes, cooking classes, weekly menus and shopping lists, 40
exercise classes, and supports for habit changes such as pee r 41
mentoring and health coaching over for a Medicaid recipient for 42
a specific disease or condition to effectively control and 43
reverse disease effects. 44
2. May be picked up at an event organized by the program 45
or by an entity under contract with the program or may be 46
delivered by the program or by an entity under contract with the 47
program to the residence of the Medicaid recipient. 48
3. May include healthful prepared ingredients, herbs, 49
spices, sauces, at-home lab tests, supplements, or telehealth 50
HB 173 2023
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components. 51
(b) "Medically tailored meals" means meals that are: 52
1. Provided through a referral from a physician licensed 53
under chapter 458 or chapter 459. 54
2. Designed and approved by a dietitian or nutritionist 55
licensed under s. 468.513 to reflect appropriate medical 56
nutrition therapy based on the latest evidence -based practice 57
guidelines for the medical condition or disease that requires 58
the referral provided in subparagraph 1. 59
3. Fully prepared by a Medicaid provider or by a person or 60
entity under contract with a Medicaid provider. 61
4. Delivered to the residence of the Medicaid recipient 62
living with the medical condition or disease for which the meals 63
are designed to control or reverse the disease effects and 64
reduce high-cost health care utilization of the enrolled patient 65
while improving the quality of life and increasing the lifespan 66
of the patient. 67
(c) "Produce prescription" means a program that is 68
prescribed by a physician licensed under chapter 458 or chapter 69
459 to a Medicaid recipient who has or is at risk of a diet-70
related disease or condition, such as diabetes, coronary heart 71
disease, cancer, obesity, renal disease, asthma, or dementia, to 72
consume fresh produce by offering incentives for fresh produce 73
purchases by using a voucher or debit card for free or 74
discounted fresh produce. 75
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1. The voucher or debit card may be redeemed at a farm 76
store, a farm packing house, a mobile farmers' market, or a 77
market as defined in s. 414.456; through delivery to a 78
supermarket or a grocery store; or through a Medi caid provider. 79
2. The fresh produce in the program are in a protocol 80
standard selected by a dietitian or nutritionist licensed under 81
s. 468.513 as part of a treatment program that may include 82
behavioral health counseling, nutrition education, Food is 83
Medicine functional medicine classes, anatomy of disease 84
classes, gym or exercise classes, weekly menus and shopping 85
lists, grocery store tours, and habit change supports such as 86
peer mentoring and health coaching for a Medicaid recipient for 87
a specific disease or condition to effectively control and 88
reverse disease effects. 89
(2) By July 1, 2024, the Agency for Health Care 90
Administration, in conjunction with the Department of Health, 91
shall: 92
(a) Establish the Food Is Medicine Program to provide 93
Medicaid coverage for purchases and deliveries of prescribed 94
healthful foods in disease -specific protocols through medically 95
tailored groceries, medically tailored meals, and produce 96
prescription programs to meet the specific needs of Medicaid 97
recipients who have or wh o are at risk of a diet -related disease 98
or condition and who are high -need patients or patients with 99
high-cost patient care or with the highest healthcare 100
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utilization. The program serves to establish the impact of 101
healthful foods on health outcomes of Medi caid recipients and 102
the cost effectiveness of such evidence -based practices. 103
(b) Seek: 104
1. The program's approval by the United States Secretary 105
of Health and Human Services under s. 1115 of the Social 106
Security Act, which gives the secretary the authori ty to approve 107
experimental, pilot, or demonstration projects that are likely 108
to assist in promoting the objectives of the Medicaid program. 109
2. Any federal waivers necessary for the implementation of 110
the program, including any waivers necessary to obtain federal 111
financial to secure Title XIX matching funds for the program. 112
The federal waiver application shall seek Medicaid matching 113
funds for all general revenue, family contributions, and local 114
contributions. 115
(c) Adopt rules that include, but are not limi ted to: 116
1. The quality standard and quantity and the number of 117
medically tailored meals delivered per week to a Medicaid 118
recipient. 119
2. The moneys allowed per Medicaid recipient for medically 120
tailored groceries or for a produce prescription program. 121
3. Notification to Medicaid providers and Medicaid 122
recipients of the availability of and requirements for medically 123
tailored meals, medically tailored groceries, and produce 124
prescription programs. 125
HB 173 2023
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4. Methodology for: 126
a. Providing vouchers or debit cards to Medicaid 127
recipients for produce prescription programs. 128
b. Reimbursing Medicaid providers and other entities as 129
applicable for products, events, services, classes, or 130
activities provided under the Food Is Medicine Program by the 131
programs that use medi cally tailored groceries, medically 132
tailored meals, and produce prescription models. 133
Section 2. This act shall take effect July 1, 2023. 134