The purpose of the amendment to Rule 59G-4.125, Florida Administrative Code, (F.A.C.), is to update the Florida Medicaid Behavior Analysis Services Coverage Policy.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-4.125Behavior Analysis Services

PURPOSE AND EFFECT: The purpose of the amendment to Rule 59G-4.125, Florida Administrative Code, (F.A.C.), is to update the Florida Medicaid Behavior Analysis Services Coverage Policy.

SUMMARY: The updated coverage policy clarifies provider and service delivery requirements.

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 F.S.

LAW IMPLEMENTED: 409.906 F.S.

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

DATE AND TIME: Tuesday September 20, 2022, from 10:30 a.m. to 11:30 a.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: [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]

Please note that a preliminary draft of the reference material, if available, will be posted prior to the public hearing at http://ahca.myflorida.com/Medicaid/review/index.shtml. The hearing will be broadcast via webinar. Stakeholders may register for the webinar here: https://attendee.gotowebinar.com/register/4298956749515889936.

Official comments to be entered into the rule record will be received until 5:00 p.m. on September 21, 2022 and may be e-mailed to [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59G-4.125 Behavior Analysis Services.

(1) This rule applies to all providers rendering Florida Medicaid behavior analysis services to recipients.

(2) All providers must be in compliance with the provisions of the Florida Medicaid Behavior Analysis Services Coverage Policy, ________October 2017, incorporated by reference. The policy is available on the Agency for Health Care Administration’s website at http://ahca.myflorida.com/Medicaid/review/index.shtml,  and at https://www.flrules.org/Gateway/reference.asp?No=Ref-______08679.

(3) This rule is in effect for 5 years from its effective date.

Rulemaking Authority 409.919 FS. Law Implemented 409.906 FS. History–New 2-19-17, Amended 10-29-17,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tim Buehner

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/25/2022