On August 9, 2022, the Agency for Health Care Administration (AHCA) will commence the rulemaking process to create new regulations within Chapter 59A-8 that govern the training and delegation of tasks by registered nurses (RNs) to home health agency staff. Click here to view the agenda for the rule workshop.

During the 2020 Florida Legislative Session, HCAF was instrumental in passing legislation (HB 607) that authorized an RN to delegate tasks to certified nursing assistants (CNAs) or home health aides if the RN determines that CNA or home health aide is competent to perform these tasks, that these tasks are delegable under applicable federal law, and that these tasks meet certain criteria. In the recent legislative session, lawmakers expanded upon HB 607 by passing HB 469, which aligns the tasks that an RN may delegate to a CNA or home health aide in a home health setting with those in an assisted living facility (ALF). HB 469 allows RNs to delegate CNAs and home health aides to assist patients with insulin syringes and pens, among other tasks.

The following are drafts of the rules AHCA is proposing. 

• Rule 59A-8.0095 establishes training, delegation of tasks, and supervisory requirements for home health aides and CNAs; aligns requirements for alternate administrators with administrators and alternate director of nursing with director of nursing; and requires submission of the license application form to report certain personnel changes.
• Rule 59A-8.0097 establishes training and validation requirements for home health aides and CNAs.
• Rule 59A-8.0216 establishes criteria for the delegation of tasks by an RN and supervisory requirements for home health aides and CNAs.
• Rule 59A-8.0219 establishes procedures for the administration of medication by home health aides and CNAs to home health agency personnel.

Providers are encouraged to participate in the rule workshop, which takes place on Tuesday, August 9 at 2:00 PM ET. Providers may submit written comments about the proposed rules to:

John Rainey
Agency for Health Care Administration
2727 Mahan Drive, MS #34
Tallahassee, FL 32308
John.Rainey@ahca.myflorida.com

The workshop will be conducted via teleconference. Participate by dialing the Open Voice conference line, (888) 585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials will be posted prior to the workshop here. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop is asked to advise the agency at least three days before the workshop/meeting by contacting Ruby Grantham, Bureau of Health Facility Regulation, at (850) 412-4386. If you are hearing or speech impaired, please contact AHCA using the Florida Relay Service at (800) 955-8771 (TDD) or (800) 955-8770 (voice).