Florida Senate - 2026                                     SB 922
       
       
        
       By Senator Smith
       
       
       
       
       
       17-00939B-26                                           2026922__
    1                        A bill to be entitled                      
    2         An act relating to coverage for treatment of
    3         stuttering; amending s. 409.906, F.S.; authorizing the
    4         Agency for Health Care Administration to pay for
    5         certain services and devices as a treatment for
    6         stuttering for Medicaid recipients; providing
    7         requirements for such coverages; authorizing speech
    8         therapy in person and via telehealth as a treatment
    9         for stuttering; authorizing the agency to include the
   10         use of certain communication technologies,
   11         applications, and platforms for such telehealth
   12         treatment; providing definitions; authorizing the
   13         agency to seek federal approval for a specified
   14         purpose; creating ss. 627.64192, 627.66912, and
   15         641.3109, F.S.; providing definitions; requiring
   16         certain individual health insurance policies, group
   17         health insurance policies, and health maintenance
   18         contracts, respectively, to provide coverage for
   19         specified services and devices as treatments for
   20         stuttering; providing requirements for such coverages;
   21         authorizing speech therapy in person and via
   22         telehealth; providing requirements for telehealth
   23         coverage; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (30) is added to section 409.906,
   28  Florida Statutes, to read:
   29         409.906 Optional Medicaid services.—Subject to specific
   30  appropriations, the agency may make payments for services which
   31  are optional to the state under Title XIX of the Social Security
   32  Act and are furnished by Medicaid providers to recipients who
   33  are determined to be eligible on the dates on which the services
   34  were provided. Any optional service that is provided shall be
   35  provided only when medically necessary and in accordance with
   36  state and federal law. Optional services rendered by providers
   37  in mobile units to Medicaid recipients may be restricted or
   38  prohibited by the agency. Nothing in this section shall be
   39  construed to prevent or limit the agency from adjusting fees,
   40  reimbursement rates, lengths of stay, number of visits, or
   41  number of services, or making any other adjustments necessary to
   42  comply with the availability of moneys and any limitations or
   43  directions provided for in the General Appropriations Act or
   44  chapter 216. If necessary to safeguard the state’s systems of
   45  providing services to elderly and disabled persons and subject
   46  to the notice and review provisions of s. 216.177, the Governor
   47  may direct the Agency for Health Care Administration to amend
   48  the Medicaid state plan to delete the optional Medicaid service
   49  known as “Intermediate Care Facilities for the Developmentally
   50  Disabled.” Optional services may include:
   51         (30)HABILITATIVE AND REHABILITATIVE SERVICES AND DEVICES
   52  FOR TREATMENT OF STUTTERING.—
   53         (a)The agency may pay for the following services and
   54  devices as a treatment of stuttering for a recipient:
   55         1.Habilitative services and devices, including
   56  habilitative speech therapy, regardless of whether the
   57  stuttering is classified as developmental.
   58         2.Rehabilitative services and devices, including
   59  rehabilitative speech therapy.
   60         3.Both habilitative services and devices and
   61  rehabilitative services and devices as provided in subparagraphs
   62  1. and 2., respectively.
   63         (b)1.The coverage for habilitative services and devices
   64  and rehabilitative services and devices provided under paragraph
   65  (a) is not subject to any limit:
   66         a.On the number of visits a recipient may make to a
   67  speech-language pathologist; or
   68         b.Based on the type of disease, injury, disorder, or other
   69  medical condition that resulted in the stuttering.
   70         2.The habilitative speech therapy and rehabilitative
   71  speech therapy provided under paragraph (a) may be rendered in
   72  person or via telehealth. For reimbursement for speech therapy
   73  rendered via telehealth, the agency may also include the use of
   74  any communication technology, application, or platform to
   75  deliver telehealth services which complies with applicable
   76  privacy provisions of the Health Insurance Portability and
   77  Accountability Act of 1996, 42 U.S.C. ss. 1320d et seq., as
   78  amended.
   79         (c)As used in this subsection, the term:
   80         1.“Habilitative services and devices” means health care
   81  services and assistive technology devices that help a person
   82  learn, maintain, or improve skills and functioning for daily
   83  living.
   84         2.“Habilitative speech therapy” means speech therapy that
   85  helps a person learn, maintain, or improve skills and
   86  functioning for daily living.
   87         3.“Rehabilitative services and devices” means restorative
   88  and remedial services and assistive technology devices that
   89  maintain or enhance the current level of functioning of a person
   90  if there is a possibility of improvement or reversal of
   91  impairment.
   92         4.“Rehabilitative speech therapy” means restorative and
   93  remedial speech therapy that maintains or enhances the current
   94  level of functioning of a person if there is a possibility of
   95  improvement or reversal of impairment.
   96         (d)The agency may seek federal approval necessary to
   97  implement this subsection.
   98         Section 2. Section 627.64192, Florida Statutes, is created
   99  to read:
  100         627.64192Coverage for treatment of stuttering.—
  101         (1)As used in this section, the term:
  102         (a)“Habilitative services and devices” means health care
  103  services and assistive technology devices that help a person
  104  learn, maintain, or improve skills and functioning for daily
  105  living.
  106         (b)“Habilitative speech therapy” means speech therapy that
  107  helps a person learn, maintain, or improve skills and
  108  functioning for daily living.
  109         (c)“Rehabilitative services and devices” means restorative
  110  and remedial services and assistive technology devices that
  111  maintain or enhance the current level of functioning of a person
  112  if there is a possibility of improvement or reversal of
  113  impairment.
  114         (d)“Rehabilitative speech therapy” means restorative and
  115  remedial speech therapy that maintains or enhances the current
  116  level of functioning of a person if there is a possibility of
  117  improvement or reversal of impairment.
  118         (2)(a)A health insurance policy that provides coverage
  119  for:
  120         1.Habilitative services and devices must provide coverage
  121  for habilitative services and devices as a treatment for
  122  stuttering, including habilitative speech therapy, regardless of
  123  whether the stuttering is classified as developmental.
  124         2.Rehabilitative services and devices must provide
  125  coverage for rehabilitative services and devices as a treatment
  126  for stuttering, including rehabilitative speech therapy.
  127         3.Both habilitative services and devices and
  128  rehabilitative services and devices must provide the coverages
  129  required under subparagraphs 1. and 2.
  130         (b)The coverage for habilitative services and devices and
  131  rehabilitative services and devices required under paragraph
  132  (a):
  133         1.May not be subject to:
  134         a.Any limit on maximum annual benefits, including any
  135  limit on the number of visits an insured may make to a speech
  136  language pathologist;
  137         b.Any limit based on the type of disease, injury,
  138  disorder, or other medical condition that resulted in the
  139  stuttering; or
  140         c.Any utilization review or utilization management
  141  requirement, including prior authorization or a determination
  142  that the habilitative services and devices or rehabilitative
  143  services and devices are medically necessary.
  144         2.Must include coverage for speech therapy provided in
  145  person and via telehealth. The telehealth coverage provided
  146  under this paragraph:
  147         a.May not be less than the coverage for in-person speech
  148  therapy.
  149         b.Must include the use of any communication technology,
  150  application, or platform to deliver telehealth services which
  151  complies with applicable privacy provisions of the Health
  152  Insurance Portability and Accountability Act of 1996, 42 U.S.C.
  153  ss. 1320d et seq., as amended.
  154         Section 3. Section 627.66912, Florida Statutes, is created
  155  to read:
  156         627.66912Coverage for treatment of stuttering.—
  157         (1)As used in this section, the term:
  158         (a)“Habilitative services and devices” means health care
  159  services and assistive technology devices that help a person
  160  learn, maintain, or improve skills and functioning for daily
  161  living.
  162         (b)“Habilitative speech therapy” means speech therapy that
  163  helps a person learn, maintain, or improve skills and
  164  functioning for daily living.
  165         (c)“Rehabilitative services and devices” means restorative
  166  and remedial services and assistive technology devices that
  167  maintain or enhance the current level of functioning of a person
  168  if there is a possibility of improvement or reversal of
  169  impairment.
  170         (d)“Rehabilitative speech therapy” means restorative and
  171  remedial speech therapy that maintains or enhances the current
  172  level of functioning of a person if there is a possibility of
  173  improvement or reversal of impairment.
  174         (2)(a)A health insurance policy that provides coverage
  175  for:
  176         1.Habilitative services and devices must provide coverage
  177  for habilitative services and devices as a treatment for
  178  stuttering, including habilitative speech therapy, regardless of
  179  whether the stuttering is classified as developmental.
  180         2.Rehabilitative services and devices must provide
  181  coverage for rehabilitative services and devices as a treatment
  182  for stuttering, including rehabilitative speech therapy.
  183         3.Both habilitative services and devices and
  184  rehabilitative services and devices must provide the coverages
  185  required under subparagraphs 1. and 2.
  186         (b)The coverage for habilitative services and devices and
  187  rehabilitative services and devices required under paragraph
  188  (a):
  189         1.May not be subject to:
  190         a.Any limit on maximum annual benefits, including any
  191  limit on the number of visits an insured may make to a speech
  192  language pathologist;
  193         b.Any limit based on the type of disease, injury,
  194  disorder, or other medical condition that resulted in the
  195  stuttering; or
  196         c.Any utilization review or utilization management
  197  requirement, including prior authorization or a determination
  198  that the habilitative services and devices or rehabilitative
  199  services and devices are medically necessary.
  200         2.Must include coverage for speech therapy provided in
  201  person and via telehealth. The telehealth coverage provided
  202  under this paragraph:
  203         a.May not be less than the coverage for in-person speech
  204  therapy.
  205         b.Must include the use of any communication technology,
  206  application, or platform to deliver telehealth services which
  207  complies with applicable privacy provisions of the Health
  208  Insurance Portability and Accountability Act of 1996, 42 U.S.C.
  209  ss. 1320d et seq., as amended.
  210         Section 4. Section 641.3109, Florida Statutes, is created
  211  to read:
  212         641.3109Coverage for treatment of stuttering.—
  213         (1)As used in this section, the term:
  214         (a)“Habilitative services and devices” means health care
  215  services and assistive technology devices that help a person
  216  learn, maintain, or improve skills and functioning for daily
  217  living.
  218         (b)“Habilitative speech therapy” means speech therapy that
  219  helps a person learn, maintain, or improve skills and
  220  functioning for daily living.
  221         (c)“Rehabilitative services and devices” means restorative
  222  and remedial services and assistive technology devices that
  223  maintain or enhance the current level of functioning of a person
  224  if there is a possibility of improvement or reversal of
  225  impairment.
  226         (d)“Rehabilitative speech therapy” means restorative and
  227  remedial speech therapy that maintains or enhances the current
  228  level of functioning of a person if there is a possibility of
  229  improvement or reversal of impairment.
  230         (2)(a)A health maintenance contract that provides coverage
  231  for:
  232         1.Habilitative services and devices must provide coverage
  233  for habilitative services and devices as a treatment for
  234  stuttering, including habilitative speech therapy, regardless of
  235  whether the stuttering is classified as developmental.
  236         2.Rehabilitative services and devices must provide
  237  coverage for rehabilitative services and devices as a treatment
  238  for stuttering, including rehabilitative speech therapy.
  239         3.Both habilitative services and devices and
  240  rehabilitative services and devices must provide the coverages
  241  required under subparagraphs 1. and 2.
  242         (b)The coverage for habilitative services and devices and
  243  rehabilitative services and devices required under paragraph
  244  (a):
  245         1.May not be subject to:
  246         a.Any limit on maximum annual benefits, including any
  247  limit on the number of visits a subscriber may make to a speech
  248  language pathologist;
  249         b.Any limit based on the type of disease, injury,
  250  disorder, or other medical condition that resulted in the
  251  stuttering; or
  252         c.Any utilization review or utilization management
  253  requirement, including prior authorization or a determination
  254  that the habilitative services and devices or rehabilitative
  255  services and devices are medically necessary.
  256         2.Must include coverage for speech therapy provided in
  257  person and via telehealth. The telehealth coverage provided
  258  under this paragraph:
  259         a.May not be less than the coverage for in-person speech
  260  therapy.
  261         b.Must include the use of any communication technology,
  262  application, or platform to deliver telehealth services which
  263  complies with applicable privacy provisions of the Health
  264  Insurance Portability and Accountability Act of 1996, 42 U.S.C.
  265  ss. 1320d et seq., as amended.
  266         Section 5. This act shall take effect July 1, 2026.