The Agency for Health Care Administration (AHCA) has introduced two regulatory measures aimed at implementing legislation passed by the Florida Legislature during the 2023 session. These rules establish minimum training requirements for home health aides for medically fragile children and standards for the appropriate use of facial coverings for infection control, applicable to all home health agencies licensed in Florida.

Below is a summary of each proposed rule along with guidance on how providers can engage in the rulemaking process.

Rule 59A-8.0099: Minimum Training Requirements for Home Health Aides for Medically Fragile Children

In accordance with HB 391, the proposed rule outlines minimum training requirements for home health aides for medically fragile children and data reporting requirements for home health agencies offering Medicaid private duty nursing (PDN) services.

Key highlights include:

• Eligibility: Home health agencies are authorized to train and employ individuals aged 18 or older who meet specific criteria and have completed the required training.
• Supervision: Home health aides for medically fragile children are mandated to operate under the supervision of a registered nurse (RN).
• Training Curriculum: The rule stipulates a minimum of 86 hours of comprehensive training covering theoretical instruction, skills training, and clinical competency.
• Validation: Prior to the start of care, home health aides for medically fragile children must undergo assessment and validation by an RN, attaining 100% proficiency in the required skills.
• Medication Administration: Additional training is necessary for home health aides to administer medications via specific routes, with validation required before undertaking such responsibilities.
• Data Reporting: Home health agencies are required to submit data on services provided to children under 21 to AHCA annually by November 1, with potential penalties for late submissions.

A public hearing is scheduled for April 29, 2024, at 2:00 PM ET to solicit feedback and suggestions from stakeholders. Public comments on the proposed rule may be submitted through April 26. Click here to access the draft rule and submit comments online.

Rule 59A-35.125: Standards for the Appropriate Use of Facial Coverings for Infection Control

In accordance with SB 252, the proposed rule establishes protocols regarding facial covering usage for health care practitioners and providers, including home health agencies.

Key highlights of the rule include:

• Definitions: Clarification of terms pertinent to health care settings and infection control.
• Patient and Visitor Requirements: Guidelines regarding when patients and visitors should wear facial coverings.
• Opt-Out Requirements: Policies must facilitate patients and visitors opting out of facial covering requirements as per the Florida Patient Bill of Rights and Responsibilities. Employees may similarly opt out in specific situations delineated in the document.
• Exceptions: Certain scenarios exempt employees from the requirement to wear facial coverings.

A public hearing is scheduled for May 7, 2024, at 2:00 PM ET to solicit feedback and suggestions from stakeholders. Public comments on the proposed rule may be submitted through April 26. Click here to access the draft rule and submit comments online.

Engagement & Next Steps

HCAF is currently reviewing the draft rules and will advocate on behalf of the home health provider community in the rulemaking workshops and by submitting written comments, if necessary.

Providers and stakeholders are encouraged to participate in the hearings either in person at AHCA headquarters in Tallahassee or via conference call by dialing (888) 585-9008 followed by the access code 998-518-088#.

For inquiries, please contact:

Kelli Fillyaw
Rules Coordinator
Health Care Policy and Oversight
(850) 412-4442
Kelli.Fillyaw@ahca.myflorida.com