Florida 2023 Regular Session

Florida House Bill H0173 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 173 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to Medicaid coverage of prescribed -2
16	16	food programs for disease treatment and prevention; 3
17	17	creating s. 409.90203, F.S.; providing definitions; 4
18	18	requiring the Agency for Health Care Administration, 5
19	19	in conjunction with the Department of Health, to 6
20	20	establish the Food Is Medicine Program to provide 7
21	21	Medicaid coverage for programs using medically 8
22	22	tailored groceries, medically tailored meals, and 9
23	23	produce prescriptions for specified Medicaid 10
24	24	recipients who are high -need patients or patients with 11
25	25	high-cost patient care or with the highest healthcare 12
26	26	utilization; requiring the agency, in conjunction with 13
27	27	the department, to seek federal approval and waivers 14
28	28	for the program; requiring the federal waiver 15
29	29	application to seek matching funds; requiring the 16
30	30	agency, in conjunction with the department, to adopt 17
31	31	rules; providing requirements for the rules; providing 18
32	32	an effective date. 19
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34	34	Be It Enacted by the Legislat ure of the State of Florida: 21
35	35	22
36	36	Section 1. Section 409.90203, Florida Statutes, is created 23
37	37	to read: 24
38	38	409.90203 Food Is Medicine Program; Medicaid coverage for 25
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40	40	HB 173 2023
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47	47	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
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51	51	cost-reducing programs providing medically tailored groceries, 26
52	52	medically tailored meals, and p roduce prescriptions; federal 27
53	53	approval and waivers. — 28
54	54	(1) As used in this section, the term: 29
55	55	(a) "Medically tailored groceries" means a program 30
56	56	prescribed by a physician licensed under chapter 458 or chapter 31
57	57	459 for family-sized sets of fresh and health ful groceries 32
58	58	purchased and distributed with education and support to change 33
59	59	eating habits which: 34
60	60	1. Are in a protocol standard selected by a dietitian or 35
61	61	nutritionist licensed under s. 468.513 as part of a 6 -month 36
62	62	intervention treatment program that inc ludes, at a minimum, 37
63	63	behavioral health counseling, nutrition education, Food is 38
64	64	Medicine functional medicine classes, anatomy of disease 39
65	65	classes, cooking classes, weekly menus and shopping lists, 40
66	66	exercise classes, and supports for habit changes such as pee r 41
67	67	mentoring and health coaching over for a Medicaid recipient for 42
68	68	a specific disease or condition to effectively control and 43
69	69	reverse disease effects. 44
70	70	2. May be picked up at an event organized by the program 45
71	71	or by an entity under contract with the program or may be 46
72	72	delivered by the program or by an entity under contract with the 47
73	73	program to the residence of the Medicaid recipient. 48
74	74	3. May include healthful prepared ingredients, herbs, 49
75	75	spices, sauces, at-home lab tests, supplements, or telehealth 50
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77	77	HB 173 2023
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84	84	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
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88	88	components. 51
89	89	(b) "Medically tailored meals" means meals that are: 52
90	90	1. Provided through a referral from a physician licensed 53
91	91	under chapter 458 or chapter 459. 54
92	92	2. Designed and approved by a dietitian or nutritionist 55
93	93	licensed under s. 468.513 to reflect appropriate medical 56
94	94	nutrition therapy based on the latest evidence -based practice 57
95	95	guidelines for the medical condition or disease that requires 58
96	96	the referral provided in subparagraph 1. 59
97	97	3. Fully prepared by a Medicaid provider or by a person or 60
98	98	entity under contract with a Medicaid provider. 61
99	99	4. Delivered to the residence of the Medicaid recipient 62
100	100	living with the medical condition or disease for which the meals 63
101	101	are designed to control or reverse the disease effects and 64
102	102	reduce high-cost health care utilization of the enrolled patient 65
103	103	while improving the quality of life and increasing the lifespan 66
104	104	of the patient. 67
105	105	(c) "Produce prescription" means a program that is 68
106	106	prescribed by a physician licensed under chapter 458 or chapter 69
107	107	459 to a Medicaid recipient who has or is at risk of a diet-70
108	108	related disease or condition, such as diabetes, coronary heart 71
109	109	disease, cancer, obesity, renal disease, asthma, or dementia, to 72
110	110	consume fresh produce by offering incentives for fresh produce 73
111	111	purchases by using a voucher or debit card for free or 74
112	112	discounted fresh produce. 75
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121	121	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
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125	125	1. The voucher or debit card may be redeemed at a farm 76
126	126	store, a farm packing house, a mobile farmers' market, or a 77
127	127	market as defined in s. 414.456; through delivery to a 78
128	128	supermarket or a grocery store; or through a Medi caid provider. 79
129	129	2. The fresh produce in the program are in a protocol 80
130	130	standard selected by a dietitian or nutritionist licensed under 81
131	131	s. 468.513 as part of a treatment program that may include 82
132	132	behavioral health counseling, nutrition education, Food is 83
133	133	Medicine functional medicine classes, anatomy of disease 84
134	134	classes, gym or exercise classes, weekly menus and shopping 85
135	135	lists, grocery store tours, and habit change supports such as 86
136	136	peer mentoring and health coaching for a Medicaid recipient for 87
137	137	a specific disease or condition to effectively control and 88
138	138	reverse disease effects. 89
139	139	(2) By July 1, 2024, the Agency for Health Care 90
140	140	Administration, in conjunction with the Department of Health, 91
141	141	shall: 92
142	142	(a) Establish the Food Is Medicine Program to provide 93
143	143	Medicaid coverage for purchases and deliveries of prescribed 94
144	144	healthful foods in disease -specific protocols through medically 95
145	145	tailored groceries, medically tailored meals, and produce 96
146	146	prescription programs to meet the specific needs of Medicaid 97
147	147	recipients who have or wh o are at risk of a diet -related disease 98
148	148	or condition and who are high -need patients or patients with 99
149	149	high-cost patient care or with the highest healthcare 100
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158	158	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
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162	162	utilization. The program serves to establish the impact of 101
163	163	healthful foods on health outcomes of Medi caid recipients and 102
164	164	the cost effectiveness of such evidence -based practices. 103
165	165	(b) Seek: 104
166	166	1. The program's approval by the United States Secretary 105
167	167	of Health and Human Services under s. 1115 of the Social 106
168	168	Security Act, which gives the secretary the authori ty to approve 107
169	169	experimental, pilot, or demonstration projects that are likely 108
170	170	to assist in promoting the objectives of the Medicaid program. 109
171	171	2. Any federal waivers necessary for the implementation of 110
172	172	the program, including any waivers necessary to obtain federal 111
173	173	financial to secure Title XIX matching funds for the program. 112
174	174	The federal waiver application shall seek Medicaid matching 113
175	175	funds for all general revenue, family contributions, and local 114
176	176	contributions. 115
177	177	(c) Adopt rules that include, but are not limi ted to: 116
178	178	1. The quality standard and quantity and the number of 117
179	179	medically tailored meals delivered per week to a Medicaid 118
180	180	recipient. 119
181	181	2. The moneys allowed per Medicaid recipient for medically 120
182	182	tailored groceries or for a produce prescription program. 121
183	183	3. Notification to Medicaid providers and Medicaid 122
184	184	recipients of the availability of and requirements for medically 123
185	185	tailored meals, medically tailored groceries, and produce 124
186	186	prescription programs. 125
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188	188	HB 173 2023
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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
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199	199	4. Methodology for: 126
200	200	a. Providing vouchers or debit cards to Medicaid 127
201	201	recipients for produce prescription programs. 128
202	202	b. Reimbursing Medicaid providers and other entities as 129
203	203	applicable for products, events, services, classes, or 130
204	204	activities provided under the Food Is Medicine Program by the 131
205	205	programs that use medi cally tailored groceries, medically 132
206	206	tailored meals, and produce prescription models. 133
207	207	Section 2. This act shall take effect July 1, 2023. 134