Rule 59G-4.070, Florida Administrative Code, (F.A.C.), is being repealed. Requirements contained within this rule are no longer necessary as the Durable Medical Equipment and Medical Supply Services Coverage and Limitations ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-4.070Durable Medical Equipment and Medical Supplies

PURPOSE AND EFFECT: Rule 59G-4.070, Florida Administrative Code, (F.A.C.), is being repealed. Requirements contained within this rule are no longer necessary as the Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, July 2010, incorporated by reference, has been replaced by six new durable medical equipment (DME) and medical supply services coverage policies categorized by DME service, and incorporated by reference into six new rules with corresponding rule titles. The new rules are 59G-4.072, F.A.C., Durable Medical Equipment and Medical Supply Services: Specialized; 59G-4.073, F.A.C., Durable Medical Equipment and Medical Supply Services: Orthotic and Prosthetic; 59G-4.074, F.A.C., Durable Medical Equipment and Medical Supply Services: Respiratory; 59G-4.075, F.A.C., Durable Medical Equipment and Medical Supply Services: Wheelchairs, Hospital Beds, and Ambulatory Aids; 59G-4.076, F.A.C., Durable Medical Equipment and Medical Supply Services: Continence, Ostomy, and Wound Care; and, 59G-4.077, F.A.C., Durable Medical Equipment and Medical Supply Services: Enteral and Parenteral Nutrition. Additionally, reimbursement for diabetic supplies and continuous glucose monitors (CGMs) pursuant to s. 409.9063, FS., is allowed through the pharmacy benefit in new Rule 59G-4.252, F.A.C., Diabetic Supply Services.

SUMMARY: This rule incorporates by reference the Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, July 2010.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A checklist was prepared by the Agency to determine the need for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 409.919 FS.

LAW IMPLEMENTED: 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59G-4.070 Durable Medical Equipment and Medical Supplies.

Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS. History–New 8-26-92, Formerly 10C-7.070, Amended 5-23-94, 1-7-96, 3-4-99, 10-18-00, 4-30-01, 10-1-08, 9-28-10, Repealed                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christine Pawelczyk

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2024