Through its advocacy efforts during the 2020 Florida Legislative Session, HCAF succeeded in passing legislation (HB 607) that allows a certified nursing assistant (CNA) or home health aide employed by a home health agency to perform additional tasks under the supervision of a registered nurse (RN). Last year, the Florida Legislature expanded upon HB 607 by passing HB 469, which allows CNAs and home health aides — including those contracted with nurse registries — to perform tasks at the same level as those provided in assisted living facilities. The Agency for Health Care Administration (AHCA) must amend Florida Administrative Code related to home health agencies and nurse registries before CNAs and home health aides can perform the additional tasks.

In relation to home health agencies, AHCA held a rulemaking workshop on January 26, 2023. The draft of the proposed changes, which was published in the Florida Administrative Register on March 27, can be accessed here (see pages 1085-86).* AHCA intends to move forward with adoption for approval by May 11, 2023.

In relation to nurse registries, AHCA will hold a rulemaking workshop on Tuesday, May 2, 2023, at 2:00 PM ET. Click here to access a draft of the proposed changes.** The agenda can be viewed by clicking here. The workshop will be conducted in person at AHCA (2727 Mahan Drive, Tallahassee, Florida 32308, Building 3, Conference Room B) as well as via conference call. For telephone participation, call (888) 585-9008 and enter the entry code 998-518-088#. Registration is not required.

To view a list of open rules, click here to visit the AHCA rulemaking webpage. For more information or to submit written comments to AHCA, please contact John Rainey at (850) 412-4374 or John.Rainey@ahca.myflorida.com.

*On January 23, 2023, the following rule changes were discussed as it relates to home health agencies: 59A-8.0095 – Personnel, 59A-8.0097 – Personnel Training and Validation Requirements, 59A-8.0219 – Medication Administration, and 59A-8.0216 – RN Delegation of Tasks.

**During the May 2 workshop, Rule 59A-18.0081 – Certified Nursing Assistant and Home Health Aide will be discussed as it relates to nursing registries.