22832944, 65G-12.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 22832944

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Agency for Persons with Disabilities

Chapter:

AGENCY DATA MANAGEMENT SYSTEMS

Overview

RULE:

65G-12.002

Electronic Visit Verification

PURPOSE:

The Agency for Health Care Administration (“AHCA”) held a rule workshop on September 24, 2019 to discuss amendments made to Rule 59G-13.070, F.A.C., titled “Developmental Disabilities Individual Budgeting Waiver Services,” which was noticed in the Florida Administrative Register in volume 45/175. After the workshop, the Agency for Persons with Disabilities (“Agency”) determined it was necessary to adopt a rule to carry out the 21st Century Cures Act (“Cures Act”), as codified in 42 U.S.C. 1396b(l). The Agency’s data management system includes the Electronic Visit Verification (“EVV”) functionality required by the Cures Act. This rule address a few of the same issues that were considered in AHCA’s September 24, 2019 workshop, so the Agency considers this AHCA workshop to be part of the rulemaking file for this rule.
The purpose and effect of these rule amendments is to adopt the federal standard pertaining to EVV 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.

SUBJECT:

The subject area to be addressed is Electronic Visit Verification, as described in 42 U.S.C. 1396b(l).

RULEMAKING AUTHORITY:

393.501, 393.066(8), 120.54(6), F.S.

LAW:

393.066(2), 393.13(4)(i), F.S. 42 U.S.C. 1396b(l)

PRINT PUBLISH DATE:

1/21/2020 Vol. 46/13

RELATED STATUTES
AND LAWS:

393.501, 393.066(8), 120.54(6), F.S., 393.066(2), 393.13(4)(i), F.S. 42 U.S.C. 1396b(l)

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65G-12.002&PDate=1/21/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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