Title: Home Health Care Services Under the Medicaid Program

Summary: Authorizes AHCA to pay for attendant care nursing & private duty nursing services under Medicaid program under certain circumstances; exempts certain home health agencies providing only such services from Medicare certification or its accreditation equivalent.

Full Text:
An act relating to home health care services under the Medicaid program; amending s. 409.905, F.S.; authorizing the Agency for Health Care Administration to pay for attendant care nursing services and private duty nursing services under the Medicaid program under certain circumstances; exempting certain home health agencies providing only such services from Medicare certification or its accreditation equiva lent requirements; providing definitions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) is added to subsection (4) of section 409.905, Florida Statutes, to read: 409.905 Mandator yMedicaid services.-The agency may make payments for the following services, which are required of the state by Title XIX of the Social Security Act, furnished by Medicaid providers to recipients who are determined to be eligible on the dates on which the services were provided. Any service under this section shall be provided only when medically necessary and in accordance with state and federal law. Mandatory services rendered by providers in mobile units to Medicaid recipients may be restricted by the a gency. Nothing in HB 2023 this section shall be construed to prevent or limit the agency from adjusting fees, reimbursement rates, lengths of stay, number of visits, number of services, or any other adjustments necessary to comply with the availability of moneys a nd any limitations or directions provided for in the General Appropriations Act or chapter 216. (4) HOME HEALTH CARE SERVICES.-The agency shall pay for nursing and home health aide services, supplies, appliances, and durable medical equipment, necessary to assist a recipient living at home. An entity that provides such services must be licensed under part III of chapter 400. These services, equipment, and supplies, or reimbursement therefor, may be limited as provided in the General Appropriations Act and do not include services, equipment, or supplies provided to a person residing in a hospital or nursing facility. (d)1. The agency may pay for attendant care nursing services or private duty nursing services if such services are rendered by a licensed ho me health agency and if the following requirements are met, as applicable: a. A home health agency providing attendant care nursing services must enroll as an attendant care nursing services specialty type. b. A home health agency providing private dut ynursing services must enroll as a private duty nursing services specialty type. HB 2023 2. A home health agency providing only attendant care nursing services, only private duty nursing services, or only attendant care nursing and private duty nursing services is exempt from the requirements of Medicare certification or its accreditation equivalent for participation in the Medicaid program under this paragraph. 3. As used in this paragraph, the term: a. "Attendant care nursing" means a nursing treatment, as defined in s. 464.003, for a Medicaid enrollee years of age or older at a level of care that is more individual and continuous than the care provided through a home health visit. b. "Home health agency" has the same meaning as in s. 400.462. c. "Private duty nursing" means a nursing treatment, as defined in s. 464.003, for a Medicaid enrollee under years of age at a level of care that is more individual and continuous than the care provided through a home health visit. Section 2. This act sha ll take effect July 1, 2023.