The Agency for Health Care Administration (AHCA) has published proposed amendments to Rules 59A-8.002 (Definitions), 59A-8.008 (Scope of Services), and 59A-8.0095 (Personnel), Florida Administrative Code, implementing Chapter 2025-127, Laws of Florida (HB 1353).

HB 1353 was HCAF’s chief legislative priority during the 2025 Florida Legislative Session and focused on modernizing workforce standards, clarifying clinical oversight, and strengthening patient protections in home health care.

Key Proposed Changes and Their Impact

Clearer Definition of "Case Management"

AHCA proposes updating the definition of case management to explicitly reflect the full care-coordination lifecycle — assessment and acceptance for services, plan of care development and review, supervision and coordination across providers, discharge, and documentation.

This clarification reinforces the central clinical oversight role of home health agencies and aligns regulatory language more closely with real-world care coordination requirements.

Clarifies Which Professional Provides Case Management Based on the Case Mix

The proposal would specify who must provide case management depending on the services delivered:

• Registered nurse (RN) when nursing is required (including nursing and therapy or nursing and nutrition)
• Licensed therapist for therapy-only cases (including therapy and home health aide services)
• Licensed dietitian/nutritionist for nutrition-only cases

The proposal also modernizes contracting/employment phrasing in these provisions (e.g., direct employee vs. contract references) while keeping accountability anchored in the agency.

Home Health Aide Training Oversight, Documentation, and Competency Validation

Several proposed provisions affect how agencies handle home health aide training and competency, especially when training occurs outside the employing agency:

• When training is provided elsewhere, the employing home health agency would be responsible for validating competency.
• For agencies that provide aide training but are not licensed as non-public postsecondary career schools, the proposal would require specific “Home Health Aide Training Documentation” content and would prohibit charging a fee, using diploma/certificate language, or advertising that the agency offers aide training (while allowing agencies to state they are hiring aides with the intent to train).
• The proposal also reinforces that training documentation may be used when an aide seeks employment with another agency (i.e., documentation portability concepts).

if finalized, these provisions could reduce duplicative retraining while still placing responsibility on the employing agency to confirm competency and maintain appropriate documentation.

AHCA Home Health Aide Competency Test Option

The proposal continues to allow agencies to use the AHCA Home Health Aide Competency Test (AHCA 3110-1007) in lieu of the 40-hour training, and it specifies the passing standard: successful completion of all 14 practical tasks plus 90 correct answers out of 104 on the written portion.

Annual In-Service Training and CPR Requirements

The proposal states that home health aides and certified nursing assistants (CNAs) must receive in-service training each calendar year and must obtain/maintain current CPR certification, with specific parameters for acceptable CPR training providers and an in-person skills demonstration expectation.

Workshop & Comment Information

AHCA will hold a public rule workshop on Tuesday, February 17, 2026, at 3:00 PM ET at AHCA headquarters:

2727 Mahan Drive
Building 3, Conference Room B
Tallahassee, FL 32308

Stakeholders may also participate remotely by calling (888) 585-9008 and entering conference room number 998-518-088#.

Written comments can be submitted online through the Florida Department of State website or via email to HQARuleComments@ahca.myflorida.com by February 10, 2026.

Bottom Line

If adopted, these proposed rules would implement key HB 1353 reforms by clarifying case management expectations, specifying service-type providers, and updating home health aide training and competency documentation. They would also reinforce annual in-service training and CPR.

HCAF is continuing to review the proposed language — particularly the provisions affecting home health aide training, documentation, and competency validation — and plans to submit comments informed by member feedback.

Please share your feedback with Kyle Simon, Senior Director of Policy, Advocacy & Communications, at ksimon@homecarefla.org by Wednesday, February 4, 2026.