Florida Senate - 2026                                     SB 648
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00438A-26                                            2026648__
    1                        A bill to be entitled                      
    2         An act relating to Medicaid reimbursement for private
    3         duty nursing services; amending s. 409.962, F.S.;
    4         defining the term “pediatric continuing care
    5         integrated community” for purposes of the state
    6         Medicaid program; amending s. 409.975, F.S.; defining
    7         the terms “geographic area” and “prevailing hourly
    8         rate”; requiring Medicaid managed care plans to
    9         reimburse licensed home health agencies for private
   10         duty nursing services provided in a community
   11         residential group home at a certain rate; prohibiting
   12         Medicaid managed care plans from reducing
   13         reimbursement for such services under certain
   14         circumstances; requiring Medicaid managed care plans
   15         to negotiate rates with affiliated businesses at least
   16         annually; requiring the Agency for Health Care
   17         Administration to seek federal approval within a
   18         specified timeframe; requiring the agency to implement
   19         the changes made by the act upon federal approval;
   20         providing effective dates.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Effective July 1, 2026, present subsections (13)
   25  through (18) of section 409.962, Florida Statutes, are
   26  redesignated as subsections (14) through (19), respectively, and
   27  a new subsection (13) is added to that section, to read:
   28         409.962 Definitions.—As used in this part, except as
   29  otherwise specifically provided, the term:
   30         (13) “Pediatric continuing care integrated community” means
   31  a group of affiliated and integrated businesses that, as of July
   32  1, 2026, are licensed or certified by the agency or the Agency
   33  for Persons with Disabilities and collectively provide
   34  coordinated care for Medicaid-eligible persons younger than 21
   35  years of age who are medically fragile, including those who are
   36  technology dependent. The term includes all of the following
   37  entities under common ownership:
   38         (a)A community residential group home licensed under
   39  chapter 393 providing residential care for medically complex
   40  children.
   41         (b)A home health agency licensed under part III of chapter
   42  400 providing private duty nursing services by registered nurses
   43  or licensed practical nurses.
   44         (c)A prescribed pediatric extended care center licensed
   45  under part VI of chapter 400.
   46         (d)A home medical equipment provider licensed under part
   47  VII of chapter 400.
   48         (e)A health care clinic licensed under part X of chapter
   49  400 providing speech-language therapy, physical therapy, or
   50  occupational therapy.
   51         Section 2. Subsection (7) is added to section 409.975,
   52  Florida Statutes, to read:
   53         409.975 Managed care plan accountability.—In addition to
   54  the requirements of s. 409.967, plans and providers
   55  participating in the managed medical assistance program shall
   56  comply with the requirements of this section.
   57         (7) REIMBURSEMENT FOR SERVICES IN PEDIATRIC CONTINUING CARE
   58  INTEGRATED COMMUNITIES.
   59         (a)As used in this subsection, the term:
   60         1.“Geographic area” means the region or metropolitan
   61  statistical area in which the pediatric continuing care
   62  integrated community is located.
   63         2.“Prevailing hourly rate” means the usual and customary
   64  contracted hourly rate paid by Medicaid managed care plans to
   65  providers for private duty nursing services in the same
   66  geographic area during the current calendar year, which rate is
   67  negotiated at least annually between the Medicaid managed care
   68  plans and the provider of private duty nursing within the
   69  community residential group home.
   70         (b)Medicaid managed care plans shall reimburse home health
   71  agencies licensed under part III of chapter 400 for private duty
   72  nursing services, including services provided by registered
   73  nurses and licensed practical nurses, provided in a community
   74  residential group home at 100 percent of the prevailing hourly
   75  rate paid for private duty nursing services in the geographic
   76  area, regardless of the number of plan members who share a
   77  dwelling space within the community residential group home.
   78         (c)Reimbursement may not be reduced based on the number of
   79  Medicaid-eligible persons receiving private duty nursing
   80  services in the same dwelling space, or on the same day, within
   81  the community residential group home.
   82         (d)Managed care plans and the affiliated businesses shall
   83  negotiate rates at least annually for medical services provided
   84  within the pediatric continuing care integrated community.
   85         Section 3. Within 30 days after the effective date of this
   86  act, the Agency for Health Care Administration shall seek any
   87  necessary federal approval, including through any necessary
   88  state plan amendment or Medicaid waiver, to implement the
   89  changes made by this act. The agency shall implement this act
   90  upon receipt of federal approval.
   91         Section 4. Except as otherwise provided in this act, this
   92  act shall take effect upon becoming a law.