The purpose of Rule 59G-13.075, Florida Administrative Code (F.A.C.), is to describe requirements for which providers must comply when furnishing home and community-based waiver services (HCBS) to Florida Medicaid recipients in residential and non-...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-13.075Home and Community Based Services Settings

PURPOSE AND EFFECT: The purpose of Rule 59G-13.075, Florida Administrative Code (F.A.C.), is to describe requirements for which providers must comply when furnishing home and community-based waiver services (HCBS) to Florida Medicaid recipients in residential and non-residential settings.

SUMMARY: This rule applies to all providers rendering Florida Medicaid waiver services to individuals enrolled in home and community-based service (HCBS) waiver programs authorized under the 1915(c), 1915(i), and 1915(k) Medicaid authorities.

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.

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

DATE AND TIME: August 17, 2018 from 2:00 p.m. to 2:30 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Tallahassee, Florida 32308-5407.

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 48 hours before the workshop/meeting by contacting: Etasha Gonzalez. 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: Etasha Gonzalez, Bureau of Medicaid Policy, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Florida 32308-5407, telephone: [phone], e-mail: [e-mail].

Official comments to be entered into the rule record will be received from the date of this notice until 5:00 p.m. August 20, 2018. Comments may be e-mailed to [e-mail]. For general inquiries and questions about the rule, please contact the person specified above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59G-13.075 Home and Community Based Services Settings.

(1) This rule applies to all providers rendering Florida Medicaid waiver services to individuals enrolled in home and community-based service (HCBS) waiver programs authorized under Sections 1915(c), 1915(i), and 1915(k) of the Social Security Act.

(2) All providers must be in compliance with the provisions of the home and community-based  settings requirements established in accordance with the Centers for Medicare and Medicaid Services’ (CMS) Final Rule CMS-2296-F (HCB Settings Rule), incorporated by reference, and available at [DOS Placeholder] and https://federalregister.gov/a/2014-00487.

(3) The Agency for Health Care Administration will assess residential and non-residential settings for compliance with Title 42, Code of Federal Regulations (CFR), section 441.530.

(4) Providers that are determined to be noncompliant with the HCB Settings Rule must develop and implement a remediation plan.

(5) Providers that remain out of compliance with the HCB Settings Rule will be ineligible to provide HCBS to Florida Medicaid recipients, and to receive reimbursement for Florida Medicaid HCBS after March 17, 2022.

Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS.

History-New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Etasha Gonzalez

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 23, 2016