(1) Definitions.

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Terms Used In Florida Regulations 59G-1.035

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    (a) Generally accepted professional medical standards – Standards based on reliable scientific evidence published in peer-reviewed scientific literature generally recognized by the relevant medical community or practitioner specialty associations’ recommendations.
    (b) Health service(s) – Diagnostic tests, therapeutic procedures, or medical devices or technologies.
    (c) Relevant – Having a significant and demonstrable bearing on the matter at hand.
    (2) Pursuant to the criteria set forth in subparagraph 59G-1.010(166)(a)3., Florida Administrative Code (F.A.C.), the Agency for Health Care Administration (hereafter referred to as Agency) will determine when health services are consistent with generally accepted professional medical standards and are not experimental or investigational.
    (3) Health services that are covered under the Florida Medicaid program are described in the respective coverage and limitations handbooks, policies, and fee schedules, which are incorporated by reference in the F.A.C. The public may request a health service be considered for coverage under the Florida Medicaid program by submitting a written request via e-mail to HealthServiceResearch@ahca.myflorida.com. The request must include the name, a brief description, and any additional information that supports coverage of the health service, including sources of reliable evidence as defined in Fl. Admin. Code R. 59G-1.010(84)(b)
    (4) To determine whether the health service is consistent with generally accepted medical standards, the Agency shall consider the following factors:
    (a) Evidence-based clinical practice guidelines.
    (b) Published reports and articles in the authoritative medical and scientific literature related to the health service (published in peer-reviewed scientific literature generally recognized by the relevant medical community or practitioner specialty associations).
    (c) Effectiveness of the health service in improving the individual’s prognosis or health outcomes.
    (d) Utilization trends.
    (e) Coverage policies by other creditable insurance payor sources.
    (f) Recommendations or assessments by clinical or technical experts on the subject or field.
    (5) Based upon the information collected, a report with recommendations will be submitted to the Deputy Secretary for Medicaid (or designee) for review. The Deputy Secretary for Medicaid (or designee) will make a final determination as to whether the health service is consistent with generally accepted professional medical standards and not experimental or investigational.
    (6) In order for the health service to be covered under the Florida Medicaid program, it must also meet all other medical necessity criteria as defined in subsection 59G-1.010(166), F.A.C., and funded through the General Appropriations Act or Florida Statutes Chapter 216
Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.906, 409.912, 409.913 FS. History-New 2-26-14, Amended 9-28-15.