Florida Senate - 2026                                    SB 1026
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01390-26                                           20261026__
    1                        A bill to be entitled                      
    2         An act relating to community health worker services;
    3         amending s. 409.906, F.S.; authorizing the Agency for
    4         Health Care Administration to pay for specified
    5         community health worker services as an optional
    6         Medicaid service, subject to certain coverage
    7         requirements; defining the term “community health
    8         worker”; requiring the agency to adopt rules;
    9         authorizing the agency to seek federal approval;
   10         amending s. 409.908, F.S.; adding community health
   11         worker services to the list of Medicaid services
   12         authorized for reimbursement on a fee-for-service
   13         basis; amending s. 409.973, F.S.; adding community
   14         health worker services to the list of minimum benefits
   15         required to be covered by Medicaid managed care plans;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (30) is added to section 409.906,
   21  Florida Statutes, to read:
   22         409.906 Optional Medicaid services.—Subject to specific
   23  appropriations, the agency may make payments for services which
   24  are optional to the state under Title XIX of the Social Security
   25  Act and are furnished by Medicaid providers to recipients who
   26  are determined to be eligible on the dates on which the services
   27  were provided. Any optional service that is provided shall be
   28  provided only when medically necessary and in accordance with
   29  state and federal law. Optional services rendered by providers
   30  in mobile units to Medicaid recipients may be restricted or
   31  prohibited by the agency. Nothing in this section shall be
   32  construed to prevent or limit the agency from adjusting fees,
   33  reimbursement rates, lengths of stay, number of visits, or
   34  number of services, or making any other adjustments necessary to
   35  comply with the availability of moneys and any limitations or
   36  directions provided for in the General Appropriations Act or
   37  chapter 216. If necessary to safeguard the state’s systems of
   38  providing services to elderly and disabled persons and subject
   39  to the notice and review provisions of s. 216.177, the Governor
   40  may direct the Agency for Health Care Administration to amend
   41  the Medicaid state plan to delete the optional Medicaid service
   42  known as “Intermediate Care Facilities for the Developmentally
   43  Disabled.” Optional services may include:
   44         (30)COMMUNITY HEALTH WORKERS.—The agency may pay for the
   45  provision of community health worker services including, but not
   46  limited to, health promotion, wellness coaching, and self
   47  management education; cultural mediation; interpretation or
   48  translation services; health system navigation; patient and
   49  family advocacy; outreach before appointments, including
   50  appointment reminders; outreach to ensure adherence to
   51  treatments and medications; home visits; individual, community,
   52  and environmental assessments; arranging transportation; making
   53  connections to community resources or social services; and
   54  providing care coordination and case management.
   55         (a)As used in this subsection, the term “community health
   56  worker” means a frontline public health worker who provides a
   57  range of services addressing the health and social needs of the
   58  community and is a trusted member of or has a close
   59  understanding of the community he or she serves. The term
   60  includes community health representatives, promotores de salud,
   61  and workers of public or private community-based organizations.
   62         (b)The agency shall adopt rules to implement this
   63  subsection, including, but not limited to, rules establishing
   64  eligible services provided by community health workers.
   65         (c)The agency may seek federal approval necessary to
   66  implement this subsection.
   67         Section 2. Present paragraphs (c) through (u) of subsection
   68  (3) of section 409.908, Florida Statutes, are redesignated as
   69  paragraphs (d) through (v), respectively, and a new paragraph
   70  (c) is added to that subsection, to read:
   71         409.908 Reimbursement of Medicaid providers.—Subject to
   72  specific appropriations, the agency shall reimburse Medicaid
   73  providers, in accordance with state and federal law, according
   74  to methodologies set forth in the rules of the agency and in
   75  policy manuals and handbooks incorporated by reference therein.
   76  These methodologies may include fee schedules, reimbursement
   77  methods based on cost reporting, negotiated fees, competitive
   78  bidding pursuant to s. 287.057, and other mechanisms the agency
   79  considers efficient and effective for purchasing services or
   80  goods on behalf of recipients. If a provider is reimbursed based
   81  on cost reporting and submits a cost report late and that cost
   82  report would have been used to set a lower reimbursement rate
   83  for a rate semester, then the provider’s rate for that semester
   84  shall be retroactively calculated using the new cost report, and
   85  full payment at the recalculated rate shall be effected
   86  retroactively. Medicare-granted extensions for filing cost
   87  reports, if applicable, shall also apply to Medicaid cost
   88  reports. Payment for Medicaid compensable services made on
   89  behalf of Medicaid-eligible persons is subject to the
   90  availability of moneys and any limitations or directions
   91  provided for in the General Appropriations Act or chapter 216.
   92  Further, nothing in this section shall be construed to prevent
   93  or limit the agency from adjusting fees, reimbursement rates,
   94  lengths of stay, number of visits, or number of services, or
   95  making any other adjustments necessary to comply with the
   96  availability of moneys and any limitations or directions
   97  provided for in the General Appropriations Act, provided the
   98  adjustment is consistent with legislative intent.
   99         (3) Subject to any limitations or directions provided for
  100  in the General Appropriations Act, the following Medicaid
  101  services and goods may be reimbursed on a fee-for-service basis.
  102  For each allowable service or goods furnished in accordance with
  103  Medicaid rules, policy manuals, handbooks, and state and federal
  104  law, the payment shall be the amount billed by the provider, the
  105  provider’s usual and customary charge, or the maximum allowable
  106  fee established by the agency, whichever amount is less, with
  107  the exception of those services or goods for which the agency
  108  makes payment using a methodology based on capitation rates,
  109  average costs, or negotiated fees.
  110         (c)Community health worker services.
  111         Section 3. Present paragraphs (e) through (cc) of
  112  subsection (1) of section 409.973, Florida Statutes, are
  113  redesignated as paragraphs (f) through (dd), respectively, and a
  114  new paragraph (e) is added to that subsection, to read:
  115         409.973 Benefits.—
  116         (1) MINIMUM BENEFITS.—Managed care plans shall cover, at a
  117  minimum, the following services:
  118         (e)Community health worker services.
  119         Section 4. This act shall take effect July 1, 2026.