Bill Text: FL S1798 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Home Health Care Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 935 [S1798 Detail]
Download: Florida-2024-S1798-Introduced.html
Bill Title: Home Health Care Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 935 [S1798 Detail]
Download: Florida-2024-S1798-Introduced.html
Florida Senate - 2024 SB 1798 By Senator Trumbull 2-00712A-24 20241798__ 1 A bill to be entitled 2 An act relating to home health care services; amending 3 s. 400.487, F.S.; authorizing contract staff to 4 provide specified visits for a home health agency 5 under certain circumstances; amending s. 408.032, 6 F.S.; revising the definition of “health care 7 facility” to include a home health agency; amending s. 8 409.905, F.S.; authorizing an advanced practice 9 registered nurse to order or write prescriptions for 10 certain Medicaid services; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (5) of section 400.487, Florida 16 Statutes, is amended to read: 17 400.487 Home health service agreements; physician’s, 18 physician assistant’s, and advanced practice registered nurse’s 19 treatment orders; patient assessment; establishment and review 20 of plan of care; provision of services; orders not to 21 resuscitate.— 22 (5) When nursing services are ordered, the home health 23 agency to which a patient has been admitted for care must 24 provide the initial admission visit, all service evaluation 25 visits, and the discharge visit by a direct employee or contract 26 staff. Services provided by others under contractual 27 arrangements to a home health agency must be monitored and 28 managed by the admitting home health agency. The admitting home 29 health agency is fully responsible for ensuring that all care 30 provided through its employees or contract staff is delivered in 31 accordance with this part and applicable rules. 32 Section 2. Subsection (8) of section 408.032, Florida 33 Statutes, is amended to read: 34 408.032 Definitions relating to Health Facility and 35 Services Development Act.—As used in ss. 408.031-408.045, the 36 term: 37 (8) “Health care facility” means a skilled nursing 38 facility, hospice,orintermediate care facility, or home health 39 agency for the developmentally disabled. A facility relying 40 solely on spiritual means through prayer for healing is not 41 included as a health care facility. 42 Section 3. Paragraph (c) of subsection (4) of section 43 409.905, Florida Statutes, is amended to read: 44 409.905 Mandatory Medicaid services.—The agency may make 45 payments for the following services, which are required of the 46 state by Title XIX of the Social Security Act, furnished by 47 Medicaid providers to recipients who are determined to be 48 eligible on the dates on which the services were provided. Any 49 service under this section shall be provided only when medically 50 necessary and in accordance with state and federal law. 51 Mandatory services rendered by providers in mobile units to 52 Medicaid recipients may be restricted by the agency. Nothing in 53 this section shall be construed to prevent or limit the agency 54 from adjusting fees, reimbursement rates, lengths of stay, 55 number of visits, number of services, or any other adjustments 56 necessary to comply with the availability of moneys and any 57 limitations or directions provided for in the General 58 Appropriations Act or chapter 216. 59 (4) HOME HEALTH CARE SERVICES.—The agency shall pay for 60 nursing and home health aide services, supplies, appliances, and 61 durable medical equipment, necessary to assist a recipient 62 living at home. An entity that provides such services must be 63 licensed under part III of chapter 400. These services, 64 equipment, and supplies, or reimbursement therefor, may be 65 limited as provided in the General Appropriations Act and do not 66 include services, equipment, or supplies provided to a person 67 residing in a hospital or nursing facility. 68 (c) The agency may not pay for home health services unless 69 the services are medically necessary and: 70 1. The services are ordered by a physician or an advanced 71 practice registered nurse. 72 2. The written prescription for the services is signed and 73 dated by the recipient’s physician or an advanced practice 74 registered nurse before the development of a plan of care and 75 before any request requiring prior authorization. 76 3. The physician or advanced practice registered nurse 77 ordering the services is not employed, under contract with, or 78 otherwise affiliated with the home health agency rendering the 79 services. However, this subparagraph does not apply to a home 80 health agency affiliated with a retirement community, of which 81 the parent corporation or a related legal entity owns a rural 82 health clinic certified under 42 C.F.R. part 491, subpart A, ss. 83 1-11, a nursing home licensed under part II of chapter 400, or 84 an apartment or single-family home for independent living. For 85 purposes of this subparagraph, the agency may, on a case-by-case 86 basis, provide an exception for medically fragile children who 87 are younger than 21 years of age. 88 4. The physician or advanced practice registered nurse 89 ordering the services has examined the recipient within the 30 90 days preceding the initial request for the services and 91 biannually thereafter. 92 5. The written prescription for the services includes the 93 recipient’s acute or chronic medical condition or diagnosis, the 94 home health service required, and, for skilled nursing services, 95 the frequency and duration of the services. 96 6. The national provider identifier, Medicaid 97 identification number, or medical practitioner license number of 98 the physician or advanced practice registered nurse ordering the 99 services is listed on the written prescription for the services, 100 the claim for home health reimbursement, and the prior 101 authorization request. 102 Section 4. This act shall take effect July 1, 2024.