On Tuesday, July 9, the Agency for Health Care Administration (AHCA) issued two Notices of Proposed Rule related to the Home Health Aide for Medically Fragile Children program, implemented by the 2023 Florida Legislature.

Proposed Rule Amendment for Rule 59G-4.261: Private Duty Nursing Services

The amendment includes the following changes:

• The title has been updated from "Private Duty Nursing Services" to "Private Duty Nursing and Family Home Health Aide Services."
• The rule now incorporates by reference the "Florida Medicaid Private Duty Nursing and Family Home Health Aide Services Coverage Policy."
• The revised coverage policy includes new definitions, technical changes, and updates to align with section 400.4765 of the Florida Statutes.
• This rule applies to all providers delivering Florida Medicaid private duty nursing and family home health aide services. Providers must comply with the updated policy provisions.

Proposed Rule Amendment for Rule 59G-4.130: Home Health Visit Services

The amendment includes the following changes:

• The rule incorporates the updated Florida Medicaid Home Health Visit Services Coverage Policy.
• The revised policy includes technical changes and updates to align with section 400.4765 of the Florida Statutes.
• Providers must comply with the updated coverage policy and use the incorporated forms, which will be available on the AHCA website.

A preliminary draft of the proposed rules can be accessed on the AHCA website here.

Public Hearing and Feedback Opportunity

A public hearing for proposed rule amendments has been scheduled as follows:

Wednesday, July 31, 1:00-2:00 PM ET
Agency for Health Care Administration
2727 Mahan Drive, Building 3
Tallahassee, FL 32308

Written comments can also be submitted to MedicaidRuleComments@ahca.myflorida.com by 5:00 PM ET on Thursday, August 1.

As AHCA approaches the final stages of the Family Home Health Aide Services rulemaking process, HCAF values the feedback received from members who have already engaged with families eager to participate in this program. An HCAF representative will attend the upcoming workshop and invites member feedback to effectively advocate for the Medicaid provider community. We encourage you to share your comments with Kyle Simon, Senior Director of Policy, Advocacy & Communications, at ksimon@homecarefla.org.