Read the full stored bill text
Florida Senate
-
2026
SB 46
By
Senator Sharief
35-00008A-26 202646__
1 A bill to be entitled
2 An act relating to nonparticipating and out-of-network
3 nurse registries and home health agencies; creating
4 ss. 110.1236, 409.9055, 409.9755, 627.64744, and
5 641.3152, F.S.; prohibiting state group health
6 insurance plans and state-contracted health
7 maintenance organizations, the Agency for Health Care
8 Administration, Medicaid managed care plans,
9 individual health insurers, and health maintenance
10 organizations, respectively, and any persons
11 responsible for administering claims on behalf of such
12 plans, organizations, agency, or insurers, from
13 restricting participants, recipients, enrollees,
14 policyholders, and subscribers from obtaining care
15 from nonparticipating or out-of-network licensed nurse
16 registries or home health agencies; prohibiting such
17 entities and plans from steering, requiring, or unduly
18 influencing selection of nurse registries or home
19 health agencies; requiring that nonparticipating or
20 out-of-network nurse registries and home health
21 agencies be reimbursed at the same rate as in-network
22 providers; amending s. 627.662, F.S.; revising
23 applicability for group health insurance, blanket
24 health insurance, and franchise health insurance;
25 providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 110.1236, Florida Statutes, is created
30 to read:
31
110.1236
State group health insurance plan prohibited
32
practices; nonparticipating and
out-of-network nurse registries
33
and home health
agencies
.—
A state group health insurance plan,
34
state-contracted HMO, or other insurance plan under the state
35
group insurance program, or any person responsible for
36
administering claims on behalf of the state group health
37
insurance plan, state-contracted HMO, or other insurance plan
38
under the state group insurance program
, may not restrict
39
participants from obtaining care
from nonparticipating or out
40
of-network nurse registries or home health agencies licensed
41
under part III of chapter 400. Such plans, entities, or persons
42
may not steer, require, or unduly influence a participant to use
43
preferred or in-network nurse registries or home health
44
agencies
.
Nonparticipating and o
ut-of-network nurse registries
45
and home health agencies
licensed under part III of chapter 400
46
must be reimbursed at the same rate as in-network providers for
47
equivalent services under the plan
.
48 Section 2. Section 409.9055, Florida Statutes, is created
49 to read:
50
409.9055
Medicaid
prohibited practices;
nonparticipating
51
and out-of-network nurse registries and home health
agencies
.
52
The agency, or any person responsible for administering claims
53
on behalf of the agency,
may not restrict Medicaid recipients
54
from obtaining care
from nonparticipating
or out-of-network
55
nurse registries
or
home health agencies
licensed under part III
56
of chapter 400
.
The
agency or person may not steer, require, or
57
unduly influence a
Medicaid recipient
to use preferred or
58
participating nurse registries or home health agencies.
59
Nonparticipating
and out-of-network
nurse registries and home
60
health agencies
licensed under part III of chapter 400
must be
61
reimbursed at the same rate as participating
or in-network
62
providers for equivalent services under the plan
.
63 Section 3. Section 409.9755, Florida Statutes, is created
64 to read:
65
409.9755
Managed care p
lan prohibited practices;
66
nonparticipating and
out-of-network
nurse registries and home
67
health agencies
.—
A Medicaid
managed care plan, or any person
68
responsible for administering claims on behalf of the plan,
may
69
not restrict
enrollees
from
obtaining care from
nonparticipating
70
or out-of-network
nurse registries
or
home health agencies
71
licensed under part III of chapter 400
. Such plan or person may
72
not steer, require, or unduly influence an enrollee to use
73
preferred or participating nurse registries or home health
74
agencies. Nonparticipating
and out-of-network
nurse registries
75
and home health agencies
licensed under part III of chapter 400
76
must be reimbursed at the same rate as participating
or in
77
network
providers for equivalent services under the plan.
78 Section 4. Section 627.64744, Florida Statutes, is created
79 to read:
80
627.64744
Policy
prohibit
ions
;
nonparticipating and
out-of
81
network
nurse registries and home health agencies
.—
Any health
82
insurer issuing a policy of health insurance in this state
, or
83
any person responsible for administering claims on behalf of
84
such
insurer
,
may not restrict
policyholders
from obtaining care
85
from
nonparticipating or out-of-network
nurse registries
or
home
86
health agencies
licensed under part III of chapter 400
.
87
Notwithstanding s. 627.6471
, s
uch
insurer
or person may not
88
steer, require, or unduly influence a
policyholder
to use
89
preferred or
in-network
nurse registries or home health
90
agencies.
Notwithstanding s.
627.64194
, nonparticipating and
91
out-of-network
nurse registries and home health agencies
92
licensed under part III of chapter 400
must be reimbursed at the
93
same rate as
preferred or in-network
providers for equivalent
94
services under the
policy.
95 Section 5. Subsection (16) is added to section 627.662,
96 Florida Statutes, to read:
97 627.662 Other provisions applicable.—The following
98 provisions apply to group health insurance, blanket health
99 insurance, and franchise health insurance:
100
(16)
Section 627.64744, relating to policy prohibitions and
101
nonparticipating and out-of-network nurse registries and home
102
health agencies.
103 Section 6. Section 641.3152, Florida Statutes, is created
104 to read:
105
641.3152 Policy prohibitions; nonparticipating and out-of
106
network nurse registries and home health
agencies
.—A
health
107
maintenance organization
providing health services
in this
108
state, or any person responsible for administering claims on
109
behalf of such
organization
,
may not restrict
subscribers from
110
obtaining
care from nonparticipating
or
out-of-network nurse
111
registries
or
home health agencies
licensed under part III of
112
chapter 400
.
S
uch
organization
or person may not steer, require,
113
or unduly influence a
subscriber
to use preferred or in-network
114
nurse registries or home health agencies. Notwithstanding s.
115
627.64194, nonparticipating and out-of-network nurse registries
116
and home health agencies
licensed under part III of chapter 400
117
must be reimbursed at the same rate as preferred or in-network
118
providers for equivalent services under the
contract
.
119 Section 7. This act shall take effect July 1, 2026.