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AHCA Finalizes Nurse Delegation Regulations for Home Health Agencies

AHCA Finalizes Nurse Delegation Regulations for Home Health Agencies

Medicare Medicaid Private Duty

On May 11, 2023, the Agency for Health Care Administration (AHCA) published final regulations in the Florida Administrative Register that allow certified nursing assistants (CNAs) and home health aides employed by home health agencies that provide skilled services to perform additional tasks under the supervision of a registered nurse (RN).

During the 2020 Florida Legislative Session, HCAF successfully advocated for legislation (HB 607) permitting nurse delegation in order to address the ongoing shortage of health care workers. By passing HB 469 in 2022, the Florida Legislature expanded the provisions of HB 607 to allow CNAs and home health aides, including those contracted by nurse registries, to perform tasks at the same level as those performed in assisted living facilities. As a result of these legislative victories, the lengthy rulemaking process for home health agencies has now been completed. However, the process for nurse registries is still in progress.

AHCA conducted multiple workshops, most recently on January 26, 2023, to establish the following rules for the delegation of nursing tasks:

HCAF is currently developing a series of live and recorded webinars to review the regulations, including how RNs may officially delegate tasks to home health aides and certified nursing assistants, minimum training standards, documentation requirements, liability mitigation considerations, and more. Please stay tuned for details.

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