HB 173 2023 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 1 of 6 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 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 2 of 6 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 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 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 3 of 6 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 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 HB 173 2023 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 4 of 6 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 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 HB 173 2023 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 5 of 6 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 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 CODING: Words stricken are deletions; words underlined are additions. hb0173-00 Page 6 of 6 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 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