Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1798
       
       
       
       
       
       
                                Ì477550)Î477550                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       The Committee on Health Policy (Trumbull) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (4) of section
    6  409.905, Florida Statutes, is amended to read:
    7         409.905 Mandatory Medicaid services.—The agency may make
    8  payments for the following services, which are required of the
    9  state by Title XIX of the Social Security Act, furnished by
   10  Medicaid providers to recipients who are determined to be
   11  eligible on the dates on which the services were provided. Any
   12  service under this section shall be provided only when medically
   13  necessary and in accordance with state and federal law.
   14  Mandatory services rendered by providers in mobile units to
   15  Medicaid recipients may be restricted by the agency. Nothing in
   16  this section shall be construed to prevent or limit the agency
   17  from adjusting fees, reimbursement rates, lengths of stay,
   18  number of visits, number of services, or any other adjustments
   19  necessary to comply with the availability of moneys and any
   20  limitations or directions provided for in the General
   21  Appropriations Act or chapter 216.
   22         (4) HOME HEALTH CARE SERVICES.—The agency shall pay for
   23  nursing and home health aide services, supplies, appliances, and
   24  durable medical equipment, necessary to assist a recipient
   25  living at home. An entity that provides such services must be
   26  licensed under part III of chapter 400. These services,
   27  equipment, and supplies, or reimbursement therefor, may be
   28  limited as provided in the General Appropriations Act and do not
   29  include services, equipment, or supplies provided to a person
   30  residing in a hospital or nursing facility.
   31         (c) The agency may not pay for home health services unless
   32  the services are medically necessary and:
   33         1. The services are ordered by a physician, an advanced
   34  practice registered nurse, or a physician assistant.
   35         2. The written prescription for the services is signed and
   36  dated by the recipient’s physician, advanced practice registered
   37  nurse, or physician assistant before the development of a plan
   38  of care and before any request requiring prior authorization.
   39         3. The physician, advanced practice registered nurse, or
   40  physician assistant ordering the services is not employed, under
   41  contract with, or otherwise affiliated with the home health
   42  agency rendering the services. However, this subparagraph does
   43  not apply to a home health agency affiliated with a retirement
   44  community, of which the parent corporation or a related legal
   45  entity owns a rural health clinic certified under 42 C.F.R. part
   46  491, subpart A, ss. 1-11, a nursing home licensed under part II
   47  of chapter 400, or an apartment or single-family home for
   48  independent living. For purposes of this subparagraph, the
   49  agency may, on a case-by-case basis, provide an exception for
   50  medically fragile children who are younger than 21 years of age.
   51         4. The physician, advanced practice registered nurse, or
   52  physician assistant ordering the services has examined the
   53  recipient within the 30 days preceding the initial request for
   54  the services and biannually thereafter.
   55         5. The written prescription for the services includes the
   56  recipient’s acute or chronic medical condition or diagnosis, the
   57  home health service required, and, for skilled nursing services,
   58  the frequency and duration of the services.
   59         6. The national provider identifier, Medicaid
   60  identification number, or medical practitioner license number of
   61  the physician, advanced practice registered nurse, or physician
   62  assistant ordering the services is listed on the written
   63  prescription for the services, the claim for home health
   64  reimbursement, and the prior authorization request.
   65         Section 2. This act shall take effect July 1, 2024.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to home health care services; amending
   73         s. 409.905, F.S.; authorizing advanced practice
   74         registered nurses and physician assistants to order or
   75         write prescriptions for certain Medicaid services;
   76         providing an effective date.