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AHCA Launches Rulemaking to Implement HB 1353 Home Health Reforms

AHCA Launches Rulemaking to Implement HB 1353 Home Health Reforms

Medicare Medicaid Private Duty Government Affairs & Advocacy

The Agency for Health Care Administration (AHCA) has initiated rulemaking to implement HB 1353 (Chapter 2025-127, Laws of Florida) — landmark legislation championed by HCAF and signed into law earlier this year to modernize and streamline Florida’s home health agency regulations.

The proposed rule development spans multiple sections of Chapter 59A-8, Florida Administrative Code (F.A.C.), addressing staff training and service delivery requirements, revising administrator oversight standards, and reforming the Excellence in Home Health Program to align with the statutory changes.

In a Notice of Development of Rulemaking issued July 31, 2025, AHCA announced plans to amend Rules 59A-8.002 (Definitions) and 59A-8.008 (Scope of Services) to allow home health agencies to use qualified contracted clinicians — not just direct employees — to perform admission, evaluation, and discharge visits. This flexibility is intended to help agencies respond to staffing shortages, expedite admissions, and reduce referral rejections, particularly for Medicare beneficiaries.

AHCA will also amend Rule 59A-8.0095 (Personnel) to repeal the geographic boundary restriction, allowing one administrator to oversee up to five commonly owned agencies statewide. This change reduces overhead and expands operational flexibility, particularly in rural and underserved areas.

A public workshop is scheduled for August 21, 2025, at 3:00 PM at AHCA headquarters in Tallahassee and via conference call. View meeting details and materials here.

In a separate notice, AHCA announced its intent to amend Rule 59A-8.0248 (Excellence in Home Health) to modernize standards so they are inclusive of all agency types and payer mixes. Established in 2020 through HB 607, the program was designed to recognize high-performing agencies for quality of care, patient satisfaction, and workforce stability. However, no agency has ever received the award, due to rigid criteria and limited accessibility. HB 1353 reforms the program to better reflect the diversity of home health services and make the award more attainable and representative. Preliminary rule text is not yet available; public workshop details are forthcoming.

Why It Matters

These are the first major regulatory updates for Florida home health agencies in over a decade. HB 1353, sponsored by Representative Gallop Franklin (D-Tallahassee) and Senator Alexis Calatayud (R-Miami), aims to reduce administrative burden, modernize oversight, and enhance workforce flexibility — objectives AHCA is now tasked with implementing.

Get Involved

HCAF will continue to actively engage in the rulemaking process to ensure provider perspectives are reflected. Stakeholders are encouraged to review the notices and participate by submitting feedback to HQARuleComments@ahca.myflorida.com or attending the upcoming workshop.

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