HB 871 2023
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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 home health care services under the 2
Medicaid program; amending s. 409.905, F.S.; 3
authorizing the Agency for Health Care Administration 4
to pay for attendant care nursing services and private 5
duty nursing services under the Medicaid program under 6
certain circumstances; exempting certain home health 7
agencies providing only such services from Medicare 8
certification or its accreditation equiva lent 9
requirements; providing definitions; providing an 10
effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (d) is added to subsection (4) of 15
section 409.905, Florida Statutes, to read: 16
409.905 Mandatory Medicaid services. —The agency may make 17
payments for the following services, which are required of the 18
state by Title XIX of the Social Security Act, furnished by 19
Medicaid providers to recipients who are determined to be 20
eligible on the dates on which the services were provided. Any 21
service under this section shall be provided only when medically 22
necessary and in accordance with state and federal law. 23
Mandatory services rendered by providers in mobile units to 24
Medicaid recipients may be restricted by the a gency. Nothing in 25
HB 871 2023
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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
this section shall be construed to prevent or limit the agency 26
from adjusting fees, reimbursement rates, lengths of stay, 27
number of visits, number of services, or any other adjustments 28
necessary to comply with the availability of moneys a nd any 29
limitations or directions provided for in the General 30
Appropriations Act or chapter 216. 31
(4) HOME HEALTH CARE SERVICES. —The agency shall pay for 32
nursing and home health aide services, supplies, appliances, and 33
durable medical equipment, necessary to assist a recipient 34
living at home. An entity that provides such services must be 35
licensed under part III of chapter 400. These services, 36
equipment, and supplies, or reimbursement therefor, may be 37
limited as provided in the General Appropriations Act and do not 38
include services, equipment, or supplies provided to a person 39
residing in a hospital or nursing facility. 40
(d)1. The agency may pay for attendant care nursing 41
services or private duty nursing services if such services are 42
rendered by a licensed ho me health agency and if the following 43
requirements are met, as applicable: 44
a. A home health agency providing attendant care nursing 45
services must enroll as an attendant care nursing services 46
specialty type. 47
b. A home health agency providing private dut y nursing 48
services must enroll as a private duty nursing services 49
specialty type. 50
HB 871 2023
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hb0871-00
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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
2. A home health agency providing only attendant care 51
nursing services, only private duty nursing services, or only 52
attendant care nursing and private duty nursing services is 53
exempt from the requirements of Medicare certification or its 54
accreditation equivalent for participation in the Medicaid 55
program under this paragraph. 56
3. As used in this paragraph, the term: 57
a. "Attendant care nursing" means a nursing treatment, as 58
defined in s. 464.003, for a Medicaid enrollee 21 years of age 59
or older at a level of care that is more individual and 60
continuous than the care provided through a home health visit. 61
b. "Home health agency" has the same meaning as in s. 62
400.462. 63
c. "Private duty nursing" means a nursing treatment, as 64
defined in s. 464.003, for a Medicaid enrollee under 21 years of 65
age at a level of care that is more individual and continuous 66
than the care provided through a home health visit. 67
Section 2. This act sha ll take effect July 1, 2023. 68