Senate Bill 1062 (2025) — Adult day care centers
SB 1062
Florida Bills
Florida Senate - 2025 SB 1062 By Senator Rodriguez 40-01561-25 20251062__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to adult day care centers; amending s. 2 409.908, F.S.; excepting certain adult day care 3 services from certain established or negotiated 4 Medicaid reimbursement rates; providing for 5 reimbursement of adult day care services pursuant to a 6 tiered payment system; defining the term “tiered 7 payment system”; specifying requirements and rates of 8 reimbursement for tier I and tier II adult day care 9 centers; providing for annual adjustments of the 10 reimbursement rates; providing for reimbursement of 11 direct transportation services; creating s. 429.916, 12 F.S.; providing a purpose; requiring adult day care 13 center operators to annually complete an 8-hour 14 continuing education course approved by the Department 15 of Elderly Affairs; authorizing the department to 16 approve additional providers for such course; 17 specifying requirements for the course; providing that 18 the course may be offered in person or online; 19 requiring operators who complete the course online to 20 obtain a minimum passing score on a department-21 approved online exam; providing an exemption from the 22 exam requirement if the course is completed in person; 23 providing that classroom hours spent teaching an 24 approved course or lecturing at an approved seminar 25 may be counted toward fulfilling an operator’s 26 continuing education requirements; requiring providers 27 of the continuing education courses to furnish 28 specified information to the department within a 29
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. specified timeframe; requiring operator compliance 30 with continuing education requirements as a condition 31 precedent to the licensure of an adult day care 32 center; authorizing the department to grant an 33 extension for completion of continuing education 34 requirements for good cause shown; requiring the 35 department to grant a waiver of the continuing 36 education requirements for operators in active duty 37 military service upon submission of certain 38 documentation; prohibiting the department from 39 renewing an adult day care center’s license until the 40 center’s operator has completed the continuing 41 education requirements, with exceptions; providing an 42 effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46
Section 1. Subsection (8) of
section 409.908, Florida 47 Statutes, is amended to read: 48 409.908 Reimbursement of Medicaid providers.—Subject to 49 specific appropriations, the agency shall reimburse Medicaid 50 providers, in accordance with state and federal law, according 51 to methodologies set forth in the rules of the agency and in 52 policy manuals and handbooks incorporated by reference therein. 53 These methodologies may include fee schedules, reimbursement 54 methods based on cost reporting, negotiated fees, competitive 55 bidding pursuant to s. 287.057, and other mechanisms the agency 56 considers efficient and effective for purchasing services or 57 goods on behalf of recipients.
If a provider is reimbursed based 58
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. on cost reporting and submits a cost report late and that cost 59 report would have been used to set a lower reimbursement rate 60 for a rate semester, then the provider’s rate for that semester 61 shall be retroactively calculated using the new cost report, and 62 full payment at the recalculated rate shall be effected 63 retroactively. Medicare-granted extensions for filing cost 64 reports, if applicable, shall also apply to Medicaid cost 65 reports.
Payment for Medicaid compensable services made on 66 behalf of Medicaid-eligible persons is subject to the 67 availability of moneys and any limitations or directions 68 provided for in the General Appropriations Act or
chapter 216. 69 Further, nothing in this
section shall be construed to prevent 70 or limit the agency from adjusting fees, reimbursement rates, 71 lengths of stay, number of visits, or number of services, or 72 making any other adjustments necessary to comply with the 73 availability of moneys and any limitations or directions 74 provided for in the General Appropriations Act, provided the 75 adjustment is consistent with legislative intent. 76 (8)(
a) Except as otherwise provided in paragraph (b), a 77 provider of home-based or community-based services rendered 78 pursuant to a federally approved waiver shall be reimbursed 79 based on an established or negotiated rate for each service. 80 These rates shall be established according to an analysis of the 81 expenditure history and prospective budget developed by each 82 contract provider participating in the waiver program, or under 83 any other methodology adopted by the agency and approved by the 84 Federal Government in accordance with the waiver.
Privately 85 owned and operated community-based residential facilities which 86 meet agency requirements and which formerly received Medicaid 87
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. reimbursement for the optional intermediate care facility for 88 the intellectually disabled service may participate in the 89 developmental services waiver as part of a home-and-community-90 based continuum of care for Medicaid recipients who receive 91 waiver services. 92 (
b) A provider of adult day care services rendered pursuant 93 to a federally approved waiver must be reimbursed pursuant to a 94 tiered payment system. As used in this paragraph, the term 95 “tiered payment system” means a two-tiered payment model that 96 categorizes an adult day care center based on the center’s 97 quality of care, facilities, compliance with established 98 standards, and level of provided services. 99 1. To be reimbursed as a tier I center, an adult day care 100 center must meet the basic requirements for a licensed adult day 101 care center under
part III of
chapter 429, but the adult day 102 care center need not provide specialized Alzheimer’s services as 103 specified in s. 429.918. The reimbursement rate for a tier I 104 center is the greater of the minimum rate per day set by the 105 United States Department of Veterans Affairs for adult day care 106 services or $90 per day. The reimbursement rate must be adjusted 107 on January 1 of each year. The adjustment may not exceed the 108 lesser of 3 percent or the increase in the Consumer Price Index 109 for All Urban Consumers, Southeast Region. 110 2.
To be reimbursed as a tier II center, an adult day care 111 center must meet all the requirements of a tier I center and be 112 designated as a specialized Alzheimer’s services adult day care 113 center as provided in s. 429.918. The reimbursement rate for a 114 tier II center is the greater of the rate per day set by the 115 United States Department of Veterans Affairs for adult day care 116
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. services plus 30 percent or $110 per day. The reimbursement rate 117 must be adjusted on January 1 of each year. The adjustment may 118 not exceed the lesser of 3 percent or the increase in the 119 Consumer Price Index for All Urban Consumers, Southeast Region. 120 3.
An adult day care center that provides transportation 121 services to a participant must be reimbursed for such services 122 at the rate paid by the applicable managed care organization to 123 a contracted nonemergency medical transportation vendor or, if 124 the adult day care center directly contracts with a nonemergency 125 medical transportation vendor of a managed care plan, the rate 126 paid by the contracted nonemergency medical transportation 127 vendor to its nonemergency medical transportation provider. 128
Section
Section 429.916, Florida Statutes, is created to 129 read: 130 429.916 Continuing education requirements for operators.— 131
(1) The purpose of this
section is to establish 132 requirements and standards for continuing education courses for 133 operators managing the day-to-day operations of adult day care 134 centers in this state. 135
(2) In addition to any existing adult day care center staff 136 training required under this part or by department rule, an 137 operator must annually complete an 8-hour continuing education 138 course developed and offered by the Florida Adult Day Services 139 Association and approved by the department. The department may 140 approve additional educational providers to offer the course. 141 The content of the continuing education course must include 1 142 hour of training on each of the following topics: 143 (
a) Compliance with requirements imposed by the agency. 144 (
b) Alzheimer’s disease and related disorders. 145
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. (
c) The state comprehensive emergency management plan. 146 (
d) Combatting fraud, abuse, and neglect. 147 (
e) Nonemergency medical transportation. 148 (
f) Daily management training. 149 (
g) Staff compliance with the participant care standards 150 adopted by the agency in rule 59A-16.103, Florida Administrative 151 Code. 152 (
h) Compliance with the Health Insurance Portability and 153 Accountability Act. 154
(3) The department-approved continuing education course may 155 be offered in person or online. Upon completion of an online 156 course, an operator must pass a department-approved online exam 157 with a minimum score of 80 percent. An operator who attends the 158 course in person is exempt from the exam requirement. An 159 operator teaching an approved course of instruction or lecturing 160 at any approved seminar and attending the entire course or 161 seminar qualifies for the same number of classroom hours as 162 would be granted to a person taking and successfully completing 163 such course or seminar.
Credit is limited to the number of hours 164 actually taught unless a person attends the entire course or 165 seminar. 166
(4) A person or an entity providing a course for continuing 167 education credit must furnish, within 30 days after completion 168 of the course, in a form satisfactory to the department or its 169 designee, a roster showing the adult day care center’s license 170 number and the names of the operators who successfully completed 171 such course and are requesting credit. 172 (5)(
a) An operator’s compliance with the continuing 173 education requirements of this
section is a condition precedent 174
Florida Senate - 2025 SB 1062 40-01561-25 20251062__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. to the issuance, continuation, reinstatement, or renewal of any 175 adult day care center license subject to this part. The 176 department may, for good cause shown, grant an operator an 177 extension of up to 1 year to complete the required continuing 178 education. An operator who is unable to comply with the 179 continuing education requirements of this
section due to active 180 duty in the military must be granted a waiver by the department 181 upon submission of a waiver request and documentation of his or 182 her active duty status. 183 (
b) Unless it has granted an operator an extension or a 184 waiver under paragraph (a), the department may not issue a 185 renewal license to an adult day care center until its operator 186 meets the requirements of this section. 187