The purpose of the amendment to Rule 59G-4.085, Florida Administrative Code, (F.A.C.), is to update the Intermediate Care Facility for Individuals with Intellectual Disabilities Services coverage policy.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-4.170Intermediate Care Facility for Individuals with Intellectual Disabilities Services

PURPOSE AND EFFECT: The purpose of the amendment to Rule 59G-4.085, Florida Administrative Code, (F.A.C.), is to update the Intermediate Care Facility for Individuals with Intellectual Disabilities Services coverage policy.

SUMMARY: The rule incorporates the 2022 Florida Medicaid Intermediate Care Facility for Individuals with Intellectual Disabilities Services coverage policy by reference.

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.

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: 409.906, 409.908, 409.913 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 26, 2022, from 10:30 a.m. to 11:30 a.m.

PLACE: The Agency is offering both a remote and an in-person option to attend the hearing at the Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5407.

Remote Listeners: Attendees may register for the hearing at: https://attendee.gotowebinar.com/register/5770032939442236428

After registering, a confirmation email will be received containing information about joining the webinar, and opportunities to offer comments and questions will be available.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: [e-mail]. Please note that a preliminary draft of the reference material, if available, will be posted prior to the hearing at https://ahca.myflorida.com/medicaid/review/Rules.shtml. Official comments to be entered into the rule record will be received until 5:00 p.m., October 27, 2022. Comments may be e-mailed to [e-mail]. For general inquiries and questions about the rule, please contact [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59G-4.170 Intermediate Care Facility for Individuals with Intellectual Disabilities Services

(1) This rule applies to all providers rendering Florida Medicaid any person or entity prescribing or reviewing a request for intermediate care facility for individuals with intellectual disabilities services and to recipients all providers of intermediate care facility services who are enrolled in or registered with the Florida Medicaid program.

(2) All  providers persons or entities described in subsection (1) must be in compliance with the provisions of the Florida Medicaid Intermediate Care Facility for Individuals with Intellectual Disabilities Services Coverage Policy, _______ July 2016, incorporated by reference. The policy is available on the Agency for Health Care Administration’s (AHCA) website at http://ahca.myflorida.com/Medicaid/review/index.shtml, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-________07010.

(3) The Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) Utilization Review (UR) Plan, AHCA Form 5000-3009, July 2016, is incorporated by reference. The plan is available on the AHCA website at http://ahca.myflorida.com/Medicaid/review/index.shtml, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07011.

(4) This rule is in effect for five years from its effective date.

Rulemaking Authority 409.919 FS. Law Implemented 409.906, 409.908, 409.913 FS. History–New 8-31-76, Amended 1-1-77, 10-16-77, 7-7-81, 4-12-83, 1-12-84, 7-2-84, 7-1-85, Formerly 10C-7.49, Amended 7-19-88, 6-4-92, 5-11-93, Formerly 10C-7.049, Amended 11-27-95, 10-4-01, 1-23-05, 7-11-16,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jesse Bottcher

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2022