SESSION WATCH
THE BILL ITSELF

SB 46

Nonparticipating and Out-of-network Nurse Registries and Home Health Agencies

VERSION S 46 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

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.
27 Be It Enacted by the Legislature of the State of Florida:
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 out-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 plan 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 prohibitions; 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, such 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. Such 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.