Florida Senate - 2023                                     SB 868
       By Senator Yarborough
       4-00699-23                                             2023868__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid coverage of home health
    3         care services; amending s. 409.905, F.S.; defining the
    4         terms “attendant care nursing services” and “private
    5         duty nursing services”; authorizing the Agency for
    6         Health Care Administration to pay for private duty
    7         nursing services and attendant care nursing services
    8         provided to Medicaid recipients under certain
    9         circumstances; exempting certain home health agencies
   10         from Medicare Conditions of Participation requirements
   11         and equivalent accreditation requirements; providing
   12         an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (d) is added to subsection (4) of
   17  section 409.905, Florida Statutes, to read:
   18         409.905 Mandatory Medicaid services.—The agency may make
   19  payments for the following services, which are required of the
   20  state by Title XIX of the Social Security Act, furnished by
   21  Medicaid providers to recipients who are determined to be
   22  eligible on the dates on which the services were provided. Any
   23  service under this section shall be provided only when medically
   24  necessary and in accordance with state and federal law.
   25  Mandatory services rendered by providers in mobile units to
   26  Medicaid recipients may be restricted by the agency. Nothing in
   27  this section shall be construed to prevent or limit the agency
   28  from adjusting fees, reimbursement rates, lengths of stay,
   29  number of visits, number of services, or any other adjustments
   30  necessary to comply with the availability of moneys and any
   31  limitations or directions provided for in the General
   32  Appropriations Act or chapter 216.
   33         (4) HOME HEALTH CARE SERVICES.—The agency shall pay for
   34  nursing and home health aide services, supplies, appliances, and
   35  durable medical equipment, necessary to assist a recipient
   36  living at home. An entity that provides such services must be
   37  licensed under part III of chapter 400. These services,
   38  equipment, and supplies, or reimbursement therefor, may be
   39  limited as provided in the General Appropriations Act and do not
   40  include services, equipment, or supplies provided to a person
   41  residing in a hospital or nursing facility.
   42         (d)1.As used in this paragraph, the term:
   43         a.“Attendant care nursing services” means nursing
   44  treatment as defined in s. 464.003, provided at a level of care
   45  which requires more individualized and continuous care than can
   46  be provided through a home health visit for a Medicaid recipient
   47  21 years of age or older.
   48         b.“Private duty nursing services” means nursing treatment
   49  as defined in s. 464.003, provided at a level of care which
   50  requires more individualized and continuous care than can be
   51  provided through a home health visit for a Medicaid recipient
   52  younger than 21 years of age.
   53         2.The agency may pay for attendant care nursing services
   54  and private duty nursing services provided to a recipient if
   55  such services are rendered by a licensed home health agency as
   56  defined in s. 400.462 and if the following requirements are met,
   57  as applicable:
   58         a.For a home health agency providing attendant care
   59  nursing services, the provider is enrolled as an attendant care
   60  nursing services specialty type.
   61         b.For a home health agency providing private duty nursing
   62  services, the provider is enrolled as a private duty nursing
   63  services specialty type.
   64         3.A home health agency that provides only private duty
   65  nursing services or attendant care nursing services, or both, is
   66  not required to meet the Medicare Conditions of Participation or
   67  any equivalent accreditation requirements for home health
   68  agencies.
   69         Section 2. This act shall take effect July 1, 2023.