Notice of Development of Rulemaking

AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid
RULE NO.: RULE TITLE:
59G-4.140: Hospice Services
PURPOSE AND EFFECT: The purpose of the amendment to Rule 59G-4.140, F.A.C., is to incorporate by reference the new Hospice Coverage and Limitations Handbook, October 2011. The handbook has not been updated since 2007 and updates and revisions are needed. Changes to the handbook will include: corrections to fiscal agent contact information; changes necessary to comply with new Federal Regulations regarding Hospice services for children (e.g., Section 1905 (o)(1) of the Social Security Act which allows children on hospice to continue to pursue curative care); changes in policy with respect to how hospice interfaces with HCBS waivers; and implementation of three new revenue codes to begin October 1, 2010. This update also includes a number of policy clarifications based on questions received from Hospice providers and area office staff.
SUBJECT AREA TO BE ADDRESSED: Hospice Services.
RULEMAKING AUTHORITY: 409.919 FS.
LAW IMPLEMENTED: 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, July 13, 2011, 10:00 a.m. – 11:00 a.m.
PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room D, 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: Barbara Hengstebeck at the Bureau of Medicaid Services, (850)412-4250. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Hengstebeck, Medicaid Services, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Florida 32308-5407, telephone: (850)412-4250, e-mail: barbara.hengstebeck@ahca.myflorida.com

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

59G-4.140 Hospice Services.

(1) No change.

(2) All hospice services providers enrolled in the Medicaid program must comply with the Florida Medicaid Hospice Services Coverage and Limitations Handbook, October 2011, October 2003, updated January 2005, January 2006, and January 2007, incorporated by reference, and the Florida Medicaid Provider Reimbursement Handbook, UB-04, incorporated by reference in Rule 59G-4.003, F.A.C. Both handbooks are available from the Medicaid fiscal agent’s Web web site at www.mymedicaid-florida.com http:// floridamedicaid.acs-inc.com. Select Public Information for Providers, then Click on Provider Support, and then on Provider Handbooks. Paper copies of the handbooks may be obtained by calling the Provider Contact Center at (800)289-7799 and selecting Option 7 Medicaid fiscal agent at (800)377-8216.

(3) The following forms that is are included in the Florida Medicaid Hospice Services Coverage and Limitations Handbook is are incorporated by reference: AHCA 5000-20, July 1999, Florida Medicaid Hospice Care Services Referral for Medicaid Eligibility; AHCA 5000-21, July 1999, Florida Medicaid Hospice Care Services Election Statement; AHCA-5000-21S, July 1999, Servicios de Hospice Del Programa – De Medicaid en la Florida Declaracion de Eleccion; AHCA 5000-22, July 1999, Florida Medicaid Hospice Care Services Revocation or Change Statement; AHCA 5000-22S, July 1999, Servicios Hospice – Medicaid de la Florida, Revocacion o Declaracion de Cambio; AHCA 5000-23, July 1999, Notice of Change in Recipient’s Hospice Status; AHCA 5000-24, July 1999, Notice of Hospice Election Nursing Facility; AHCA 5000-29, October 2003, Notice of Hospice Election Waiver; AHCA 5000-30, October 2003, Cooperative Agreement for a Hospice and Medicaid Waiver Enrolled Recipient; AHCA 5000-30A, October 2003, Attachment to Cooperative Agreement for a Hospice and Medicaid Waiver Enrolled Recipient: AHCA 5000-3509, October 2011. This These forms is are available from the Medicaid fiscal agent.

Rulemaking Specific Authority 409.919 FS. Law Implemented 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS. History– New 1-1-87, Amended 10-9-90, 5-13-92, 10-8-92, Formerly 10C-7.0533, Amended 2-14-95, 12-27-95, 9-21-99, 8-4-04, 10-2-05, 8-27-06, 12-24-07,________.