SB 1798 — Home Health Care Services

Florida Senate - 2024 CS for SB 1798 By Senatorthe TrumbullCommittee 2-00712A-24on 20241798__Health APolicy; bill to be entitled An act relating to home health care services;

and Senator Trumbull 588-02976-24 20241798c1 A bill to be entitled An act relating to home health care services;

400.487, F.S.;

authorizing contract staff to provide specified visits for a home health agency under certain circumstances;

amending s.

408.032, F.S.;

revising the definition of “health care facility” to include a home health agency;

amending s.

authorizing an advanced practice registered nursenurses and physician assistants to order or write prescriptions for certain Medicaid services;

8 Be It Enacted by the Legislature of the State of Florida:

Subsection (5) of section 400.487, Florida Statutes, is amended to read:

400.487 Home health service agreements;

physician’s, physician assistant’s, and advanced practice registered nurse’s treatment orders;

patient assessment;

establishment and review of plan of care;

provision of services;

orders not to resuscitate.— (5) When nursing services are ordered, the home health agency to which a patient has been admitted for care must provide the initial admission visit, all service evaluation visits, and the discharge visit by a direct employee or contract staff.

Services provided by others under contractual arrangements to a home health agency must be monitored and managed by the admitting home health agency.

The admitting home health agency is fully responsible for ensuring that all care Page 1 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 SB 1798 2-00712A-24 20241798__ provided through its employees or contract staff is delivered in accordance with this part and applicable rules.

Section 2.

Subsection (8) of section 408.032, Florida Statutes, is amended to read:

408.032 Definitions relating to Health Facility and Services Development Act.—As used in ss.

408.031-408.045, the term:

(8) “Health care facility” means a skilled nursing facility, hospice, or intermediate care facility, or home health agency for the developmentally disabled.

A facility relying solely on spiritual means through prayer for healing is not included as a health care facility.

Section 3.

(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 Page 21 of 43 CODING:

Florida Senate - 2024 SBCS 1798 2-00712A-24 20241798__ (4) HOME HEALTH CARE SERVICES.—The agency shall pay for nursingSB and1798 home588-02976-24 health20241798c1 aide services, supplies, appliances, and durable medical equipment, necessary to assist a recipient living at home.

The services are ordered by a physicianphysician, or an advanced practice registered nurse.nurse, or a physician assistant.

The written prescription for the services is signed and dated by the recipient’s physicianphysician, or an advanced practice registered nursenurse, or physician assistant before the development of a plan of care and before any request requiring prior authorization.

The physicianphysician, or advanced practice registered nursenurse, or physician assistant ordering the services is not employed, under contract with, or otherwise affiliated with the home health agency rendering the services.

Page4. 3 of 4 CODING:

The physician, advanced practice registered nurse, or physician assistant ordering the services has examined the recipient within the 30 days preceding the initial request for Page 2 of 3 CODING:

Florida Senate - 2024 CS for SB 1798 2-00712A-24588-02976-24 20241798__20241798c1 4.the services and biannually thereafter.

The physician or advanced practice registered nurse ordering the services has examined the recipient within the 30 days preceding the initial request for the services and biannually thereafter.

The national provider identifier, Medicaid identification number, or medical practitioner license number of the physicianphysician, or advanced practice registered nursenurse, or physician assistant ordering the services is listed on the written prescription for the services, the claim for home health reimbursement, and the prior authorization request.

Section 4.2.