Florida 2023 Regular Session

Florida House Bill H0871 Compare Versions

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

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3	3	HB 871 2023
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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 home health care services under the 2
16	16	Medicaid program; amending s. 409.905, F.S.; 3
17	17	authorizing the Agency for Health Care Administration 4
18	18	to pay for attendant care nursing services and private 5
19	19	duty nursing services under the Medicaid program under 6
20	20	certain circumstances; exempting certain home health 7
21	21	agencies providing only such services from Medicare 8
22	22	certification or its accreditation equiva lent 9
23	23	requirements; providing definitions; providing an 10
24	24	effective date. 11
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26	26	Be It Enacted by the Legislature of the State of Florida: 13
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28	28	Section 1. Paragraph (d) is added to subsection (4) of 15
29	29	section 409.905, Florida Statutes, to read: 16
30	30	409.905 Mandatory Medicaid services. —The agency may make 17
31	31	payments for the following services, which are required of the 18
32	32	state by Title XIX of the Social Security Act, furnished by 19
33	33	Medicaid providers to recipients who are determined to be 20
34	34	eligible on the dates on which the services were provided. Any 21
35	35	service under this section shall be provided only when medically 22
36	36	necessary and in accordance with state and federal law. 23
37	37	Mandatory services rendered by providers in mobile units to 24
38	38	Medicaid recipients may be restricted by the a gency. Nothing in 25
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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	this section shall be construed to prevent or limit the agency 26
52	52	from adjusting fees, reimbursement rates, lengths of stay, 27
53	53	number of visits, number of services, or any other adjustments 28
54	54	necessary to comply with the availability of moneys a nd any 29
55	55	limitations or directions provided for in the General 30
56	56	Appropriations Act or chapter 216. 31
57	57	(4) HOME HEALTH CARE SERVICES. —The agency shall pay for 32
58	58	nursing and home health aide services, supplies, appliances, and 33
59	59	durable medical equipment, necessary to assist a recipient 34
60	60	living at home. An entity that provides such services must be 35
61	61	licensed under part III of chapter 400. These services, 36
62	62	equipment, and supplies, or reimbursement therefor, may be 37
63	63	limited as provided in the General Appropriations Act and do not 38
64	64	include services, equipment, or supplies provided to a person 39
65	65	residing in a hospital or nursing facility. 40
66	66	(d)1. The agency may pay for attendant care nursing 41
67	67	services or private duty nursing services if such services are 42
68	68	rendered by a licensed ho me health agency and if the following 43
69	69	requirements are met, as applicable: 44
70	70	a. A home health agency providing attendant care nursing 45
71	71	services must enroll as an attendant care nursing services 46
72	72	specialty type. 47
73	73	b. A home health agency providing private dut y nursing 48
74	74	services must enroll as a private duty nursing services 49
75	75	specialty type. 50
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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	2. A home health agency providing only attendant care 51
89	89	nursing services, only private duty nursing services, or only 52
90	90	attendant care nursing and private duty nursing services is 53
91	91	exempt from the requirements of Medicare certification or its 54
92	92	accreditation equivalent for participation in the Medicaid 55
93	93	program under this paragraph. 56
94	94	3. As used in this paragraph, the term: 57
95	95	a. "Attendant care nursing" means a nursing treatment, as 58
96	96	defined in s. 464.003, for a Medicaid enrollee 21 years of age 59
97	97	or older at a level of care that is more individual and 60
98	98	continuous than the care provided through a home health visit. 61
99	99	b. "Home health agency" has the same meaning as in s. 62
100	100	400.462. 63
101	101	c. "Private duty nursing" means a nursing treatment, as 64
102	102	defined in s. 464.003, for a Medicaid enrollee under 21 years of 65
103	103	age at a level of care that is more individual and continuous 66
104	104	than the care provided through a home health visit. 67
105	105	Section 2. This act sha ll take effect July 1, 2023. 68