Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1798 Ì477550)Î477550 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/06/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Trumbull) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (c) of subsection (4) of section 6 409.905, Florida Statutes, is amended to read: 7 409.905 Mandatory Medicaid services.—The agency may make 8 payments for the following services, which are required of the 9 state by Title XIX of the Social Security Act, furnished by 10 Medicaid providers to recipients who are determined to be 11 eligible on the dates on which the services were provided. Any 12 service under this section shall be provided only when medically 13 necessary and in accordance with state and federal law. 14 Mandatory services rendered by providers in mobile units to 15 Medicaid recipients may be restricted by the agency. Nothing in 16 this section shall be construed to prevent or limit the agency 17 from adjusting fees, reimbursement rates, lengths of stay, 18 number of visits, number of services, or any other adjustments 19 necessary to comply with the availability of moneys and any 20 limitations or directions provided for in the General 21 Appropriations Act or chapter 216. 22 (4) HOME HEALTH CARE SERVICES.—The agency shall pay for 23 nursing and home health aide services, supplies, appliances, and 24 durable medical equipment, necessary to assist a recipient 25 living at home. An entity that provides such services must be 26 licensed under part III of chapter 400. These services, 27 equipment, and supplies, or reimbursement therefor, may be 28 limited as provided in the General Appropriations Act and do not 29 include services, equipment, or supplies provided to a person 30 residing in a hospital or nursing facility. 31 (c) The agency may not pay for home health services unless 32 the services are medically necessary and: 33 1. The services are ordered by a physician, an advanced 34 practice registered nurse, or a physician assistant. 35 2. The written prescription for the services is signed and 36 dated by the recipient’s physician, advanced practice registered 37 nurse, or physician assistant before the development of a plan 38 of care and before any request requiring prior authorization. 39 3. The physician, advanced practice registered nurse, or 40 physician assistant ordering the services is not employed, under 41 contract with, or otherwise affiliated with the home health 42 agency rendering the services. However, this subparagraph does 43 not apply to a home health agency affiliated with a retirement 44 community, of which the parent corporation or a related legal 45 entity owns a rural health clinic certified under 42 C.F.R. part 46 491, subpart A, ss. 1-11, a nursing home licensed under part II 47 of chapter 400, or an apartment or single-family home for 48 independent living. For purposes of this subparagraph, the 49 agency may, on a case-by-case basis, provide an exception for 50 medically fragile children who are younger than 21 years of age. 51 4. The physician, advanced practice registered nurse, or 52 physician assistant ordering the services has examined the 53 recipient within the 30 days preceding the initial request for 54 the services and biannually thereafter. 55 5. The written prescription for the services includes the 56 recipient’s acute or chronic medical condition or diagnosis, the 57 home health service required, and, for skilled nursing services, 58 the frequency and duration of the services. 59 6. The national provider identifier, Medicaid 60 identification number, or medical practitioner license number of 61 the physician, advanced practice registered nurse, or physician 62 assistant ordering the services is listed on the written 63 prescription for the services, the claim for home health 64 reimbursement, and the prior authorization request. 65 Section 2. This act shall take effect July 1, 2024. 66 67 ================= T I T L E A M E N D M E N T ================ 68 And the title is amended as follows: 69 Delete everything before the enacting clause 70 and insert: 71 A bill to be entitled 72 An act relating to home health care services; amending 73 s. 409.905, F.S.; authorizing advanced practice 74 registered nurses and physician assistants to order or 75 write prescriptions for certain Medicaid services; 76 providing an effective date.