The purpose and effect of this rule is to provide definitions for Rule 65G-12.002, F.A.C. to ensure proper implementation of Electronic Visit Verification, as required by the 21st Century Cures Act.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-12.001Definitions

PURPOSE AND EFFECT: The purpose and effect of this rule is to provide definitions for Rule 65G-12.002, F.A.C. to ensure proper implementation of Electronic Visit Verification, as required by the 21st Century Cures Act.

SUMMARY: This rule provides definitions for Rule 65G-12.002, F.A.C. regarding Electronic Visit Verification for providers of personal care services, home health services, or both rendered to clients requiring an in-home visit furnished under the Medicaid Home and Community Based Services (“HCBS”) Waiver, as described in 42 U.S.C. 1396b(l).

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 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:

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: 393.501, 393.066(8), FS.

LAW IMPLEMENTED: 393.066(2), 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: Danielle Thompson, Senior Attorney, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65G-12.001 Definitions.

(1) “Agency” means the Agency for Persons with Disabilities.

(2) “Client” means a person determined eligible by the Agency for Persons with Disabilities (“Agency”) for services under chapter 393, Florida Statutes.

(3) “Consumer-Directed Care Plus Program” or “CDC+ Program” means a consumer-directed program that provides an alternative to the Medicaid State Plan and the Home and Community-Based Services Medicaid Waiver (also known as the iBudget Waiver). The CDC+ Program operates under the authority of section 1915(j) of the Medicaid State Plan Amendment of the Social Security Act and is governed by Title 42 of the Code of Federal Regulations, Part 441, and sections 409.221, 393.0661(3)(e), and 393.0662(2), F.S.

(4) “Electronic Visit Verification” or “EVV” means a system under which visits conducted as part of personal care services or home health care services are electronically verified.

(5) “Home and Community-Based Services Waiver” or “HCBS Waiver” means services authorized by 42 U.S.C. 1396n(c) of the federal Social Security Act and section 409.906, F.S., that provides a package of Medicaid-funded home and community-based supports and services to eligible persons with developmental disabilities who live at home or in a home-like setting.

(6) “Home Health Services” are medically necessary services that are provided in the home of the eligible client and include such activities as private duty nursing, skilled nursing, physical therapy, occupational therapy, speech-language pathology services, and medical supplies that require an in-home visit for set-up.  This does not include any service or supply provided in a licensed facility.

(7) “Personal Care Services” means individual assistance with or supervision of essential activities of daily living for self-care, including ambulation, bathing, dressing, eating, grooming, and toileting, and other similar services that are incidental to the care furnished and essential to the health, safety, and welfare of the client if no one else is available to perform those services. For purposes of this rule chapter, “personal care services” include personal supports, personal care assistance, and respite services, as defined in Rules 59G-13.070 and 13.088, Florida Administrative Code.  This does not include any service provided in a licensed facility.

(8) This Rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 393.501, 393.066(8), F.S. Law Implemented 42 U.S.C. 1396b(l), 393.066(2), F.S. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lorena Fulcher

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 19, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 21, 2020