Florida Senate - 2026 SB 46 By Senator Sharief 35-00008A-26 202646__ 1 A bill to be entitled 2 An act relating to nonparticipating and out-of-network 3 nurse registries and home health agencies; creating 4 ss. 110.1236, 409.9055, 409.9755, 627.64744, and 5 641.3152, F.S.; prohibiting state group health 6 insurance plans and state-contracted health 7 maintenance organizations, the Agency for Health Care 8 Administration, Medicaid managed care plans, 9 individual health insurers, and health maintenance 10 organizations, respectively, and any persons 11 responsible for administering claims on behalf of such 12 plans, organizations, agency, or insurers, from 13 restricting participants, recipients, enrollees, 14 policyholders, and subscribers from obtaining care 15 from nonparticipating or out-of-network licensed nurse 16 registries or home health agencies; prohibiting such 17 entities and plans from steering, requiring, or unduly 18 influencing selection of nurse registries or home 19 health agencies; requiring that nonparticipating or 20 out-of-network nurse registries and home health 21 agencies be reimbursed at the same rate as in-network 22 providers; amending s. 627.662, F.S.; revising 23 applicability for group health insurance, blanket 24 health insurance, and franchise health insurance; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 110.1236, Florida Statutes, is created 30 to read: 31 110.1236 State group health insurance plan prohibited 32 practices; nonparticipating and out-of-network nurse registries 33 and home health agencies.—A state group health insurance plan, 34 state-contracted HMO, or other insurance plan under the state 35 group insurance program, or any person responsible for 36 administering claims on behalf of the state group health 37 insurance plan, state-contracted HMO, or other insurance plan 38 under the state group insurance program, may not restrict 39 participants from obtaining care from nonparticipating or out 40 of-network nurse registries or home health agencies licensed 41 under part III of chapter 400. Such plans, entities, or persons 42 may not steer, require, or unduly influence a participant to use 43 preferred or in-network nurse registries or home health 44 agencies. Nonparticipating and out-of-network nurse registries 45 and home health agencies licensed under part III of chapter 400 46 must be reimbursed at the same rate as in-network providers for 47 equivalent services under the plan. 48 Section 2. Section 409.9055, Florida Statutes, is created 49 to read: 50 409.9055 Medicaid prohibited practices; nonparticipating 51 and out-of-network nurse registries and home health agencies. 52 The agency, or any person responsible for administering claims 53 on behalf of the agency, may not restrict Medicaid recipients 54 from obtaining care from nonparticipating or out-of-network 55 nurse registries or home health agencies licensed under part III 56 of chapter 400. The agency or person may not steer, require, or 57 unduly influence a Medicaid recipient to use preferred or 58 participating nurse registries or home health agencies. 59 Nonparticipating and out-of-network nurse registries and home 60 health agencies licensed under part III of chapter 400 must be 61 reimbursed at the same rate as participating or in-network 62 providers for equivalent services under the plan. 63 Section 3. Section 409.9755, Florida Statutes, is created 64 to read: 65 409.9755 Managed care plan prohibited practices; 66 nonparticipating and out-of-network nurse registries and home 67 health agencies.—A Medicaid managed care plan, or any person 68 responsible for administering claims on behalf of the plan, may 69 not restrict enrollees from obtaining care from nonparticipating 70 or out-of-network nurse registries or home health agencies 71 licensed under part III of chapter 400. Such plan or person may 72 not steer, require, or unduly influence an enrollee to use 73 preferred or participating nurse registries or home health 74 agencies. Nonparticipating and out-of-network nurse registries 75 and home health agencies licensed under part III of chapter 400 76 must be reimbursed at the same rate as participating or in 77 network providers for equivalent services under the plan. 78 Section 4. Section 627.64744, Florida Statutes, is created 79 to read: 80 627.64744 Policy prohibitions; nonparticipating and out-of 81 network nurse registries and home health agencies.—Any health 82 insurer issuing a policy of health insurance in this state, or 83 any person responsible for administering claims on behalf of 84 such insurer, may not restrict policyholders from obtaining care 85 from nonparticipating or out-of-network nurse registries or home 86 health agencies licensed under part III of chapter 400. 87 Notwithstanding s. 627.6471, such insurer or person may not 88 steer, require, or unduly influence a policyholder to use 89 preferred or in-network nurse registries or home health 90 agencies. Notwithstanding s. 627.64194, nonparticipating and 91 out-of-network nurse registries and home health agencies 92 licensed under part III of chapter 400 must be reimbursed at the 93 same rate as preferred or in-network providers for equivalent 94 services under the policy. 95 Section 5. Subsection (16) is added to section 627.662, 96 Florida Statutes, to read: 97 627.662 Other provisions applicable.—The following 98 provisions apply to group health insurance, blanket health 99 insurance, and franchise health insurance: 100 (16) Section 627.64744, relating to policy prohibitions and 101 nonparticipating and out-of-network nurse registries and home 102 health agencies. 103 Section 6. Section 641.3152, Florida Statutes, is created 104 to read: 105 641.3152 Policy prohibitions; nonparticipating and out-of 106 network nurse registries and home health agencies.—A health 107 maintenance organization providing health services in this 108 state, or any person responsible for administering claims on 109 behalf of such organization, may not restrict subscribers from 110 obtaining care from nonparticipating or out-of-network nurse 111 registries or home health agencies licensed under part III of 112 chapter 400. Such organization or person may not steer, require, 113 or unduly influence a subscriber to use preferred or in-network 114 nurse registries or home health agencies. Notwithstanding s. 115 627.64194, nonparticipating and out-of-network nurse registries 116 and home health agencies licensed under part III of chapter 400 117 must be reimbursed at the same rate as preferred or in-network 118 providers for equivalent services under the contract. 119 Section 7. This act shall take effect July 1, 2026.