| 1 | A bill to be entitled |
| 2 | An act relating to Medicaid telebehavioral health |
| 3 | services; amending s. 409.906, F.S.; directing the |
| 4 | Agency for Health Care Administration to implement |
| 5 | additional optional Medicaid mental health services; |
| 6 | providing requirements for delivery of telebehavioral |
| 7 | health services; defining the term "telebehavioral |
| 8 | health services"; providing an effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (c) is added to subsection (8) of |
| 13 | section 409.906, Florida Statutes, to read: |
| 14 | 409.906 Optional Medicaid services.-Subject to specific |
| 15 | appropriations, the agency may make payments for services which |
| 16 | are optional to the state under Title XIX of the Social Security |
| 17 | Act and are furnished by Medicaid providers to recipients who |
| 18 | are determined to be eligible on the dates on which the services |
| 19 | were provided. Any optional service that is provided shall be |
| 20 | provided only when medically necessary and in accordance with |
| 21 | state and federal law. Optional services rendered by providers |
| 22 | in mobile units to Medicaid recipients may be restricted or |
| 23 | prohibited by the agency. Nothing in this section shall be |
| 24 | construed to prevent or limit the agency from adjusting fees, |
| 25 | reimbursement rates, lengths of stay, number of visits, or |
| 26 | number of services, or making any other adjustments necessary to |
| 27 | comply with the availability of moneys and any limitations or |
| 28 | directions provided for in the General Appropriations Act or |
| 29 | chapter 216. If necessary to safeguard the state's systems of |
| 30 | providing services to elderly and disabled persons and subject |
| 31 | to the notice and review provisions of s. 216.177, the Governor |
| 32 | may direct the Agency for Health Care Administration to amend |
| 33 | the Medicaid state plan to delete the optional Medicaid service |
| 34 | known as "Intermediate Care Facilities for the Developmentally |
| 35 | Disabled." Optional services may include: |
| 36 | (8) COMMUNITY MENTAL HEALTH SERVICES.- |
| 37 | (c) The agency is directed to implement telebehavioral |
| 38 | health services by licensed mental health practitioners as |
| 39 | authorized by the Centers for Medicare and Medicaid Services for |
| 40 | all community behavioral health care services except for those |
| 41 | services that require physical contact, such as physical |
| 42 | examinations. Telebehavioral health care services may be |
| 43 | delivered only by a person who is licensed under chapter 491 and |
| 44 | who provides the telebehavioral health services from a location |
| 45 | within the state. The agency shall also seek authorization from |
| 46 | the Centers for Medicare and Medicaid Services to permit the |
| 47 | delivery of telebehavioral health services by any person |
| 48 | currently authorized to deliver such care. As used in this |
| 49 | paragraph, the term "telebehavioral health services" means the |
| 50 | use of electronic information and telecommunications |
| 51 | technologies to provide behavioral health services. |
| 52 | Section 2. This act shall take effect July 1, 2012. |