Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 1487
       
       
       
       
       
       
                                Barcode 572602                          
       
                              LEGISLATIVE ACTION                        
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Legislature designates Miami-Dade County as
    6  a health care fraud crisis area for purposes of implementing
    7  increased scrutiny of home health agencies, home medical
    8  equipment providers, health care clinics, and other health care
    9  providers in Miami-Dade County in order to assist the state’s
   10  efforts to prevent Medicaid fraud, waste, and abuse in the
   11  county and throughout the state.
   12         Section 2. Subsection (3) of section 68.086, Florida
   13  Statutes, is amended to read:
   14         68.086 Expenses; attorney’s fees and costs.—
   15         (3) If the department does not proceed with an action under
   16  this act and the person bringing the action conducts the action
   17  defendant is the prevailing party, the court may shall award to
   18  the defendant its reasonable attorney’s fees and costs if the
   19  defendant prevails in the action and the court finds that the
   20  claim of against the person bringing the action was clearly
   21  frivolous, clearly vexatious, or brought primarily for purposes
   22  of harassment.
   23         Section 3. Section 2 of this act shall take effect upon
   24  becoming a law and applies to any pending or future action
   25  brought under the Florida False Claims Act or any action pending
   26  on appeal on or after July 1, 2009.
   27         Section 4. Section 408.8065, Florida Statutes, is created
   28  to read:
   29         408.8065Additional licensure requirements for home health
   30  agencies, home medical equipment providers, and health care
   31  clinics.—
   32         (1)An applicant for initial licensure, or initial
   33  licensure due to a change of ownership, as a home health agency,
   34  home medical equipment provider, or health care clinic shall:
   35         (a)Demonstrate financial ability to operate, as required
   36  under s. 408.810(8) and this section. If the applicant’s assets,
   37  credit, and projected revenues meet or exceed projected
   38  liabilities and expenses, and the applicant provides independent
   39  evidence that the funds necessary for startup costs, working
   40  capital costs, and contingency financing requirements exist and
   41  will be available as needed, the applicant has demonstrated the
   42  financial ability to operate.
   43         (b)Submit pro forma financial statements, including a
   44  balance sheet, income and expense statement, and a statement of
   45  cash flows for the first 2 years of operation which provide
   46  evidence that the applicant has sufficient assets, credit, and
   47  projected revenues to cover liabilities and expenses.
   48         (c)Submit a statement of the applicant’s estimated startup
   49  costs and sources of funds through the break-even point in
   50  operations demonstrating that the applicant has the ability to
   51  fund all startup costs, working capital costs, and contingency
   52  financing requirements. The statement must show that the
   53  applicant has at a minimum 3 months of average projected
   54  expenses to cover startup costs, working capital costs, and
   55  contingency financing requirements. The minimum amount for
   56  contingency funding may not be less than 1 month of average
   57  projected expenses.
   58  
   59  All documents required under this subsection must be prepared in
   60  accordance with generally accepted accounting principles and may
   61  be in a compilation form. The financial statements must be
   62  signed by a certified public accountant.
   63         (2)For initial, renewal, or change of ownership licenses
   64  for a home health agency, a home medical equipment provider, or
   65  a health care clinic, applicants and controlling interests who
   66  are nonimmigrant aliens, as described in 8 U.S.C. s. 1101, must
   67  file a surety bond of at least $500,000, payable to the agency,
   68  which guarantees that the home health agency, home medical
   69  equipment provider, or health care clinic will act in full
   70  conformity with all legal requirements for operation.
   71         (3)In addition to the requirements of s. 408.812, any
   72  person who offers services that require licensure under part VII
   73  or part X of chapter 400, or who offers skilled services that
   74  require licensure under part III of chapter 400, without
   75  obtaining a valid license; any person who knowingly files a
   76  false or or misleading license or license renewal application or
   77  who submits false or misleading information related to such
   78  application, and any person who violates or conspires to violate
   79  this section, commits a felony of the third degree, punishable
   80  as provided in s. 775.082, s. 775.083, or s. 775.084.
   81         Section 5. Subsection (10) is added to section 400.471,
   82  Florida Statutes, to read:
   83         400.471 Application for license; fee.—
   84         (10)(a)The agency may not issue an initial license to a
   85  home health agency under part II of chapter 408 or this part for
   86  the purpose of opening a new home health agency until July 1,
   87  2010, in any county that has at least one actively licensed home
   88  health agency and a population of persons 65 years of age or
   89  older, as indicated in the most recent population estimates
   90  published by the Executive Office of the Governor, of fewer than
   91  1,200 per home health agency. In such counties, for any
   92  application received by the agency before July 1, 2009, which
   93  has been deemed by the agency to be complete except for proof of
   94  accreditation, the agency may issue an initial ownership license
   95  only if the applicant has applied for accreditation before May
   96  1, 2009, from an accrediting organization that is recognized by
   97  the agency.
   98         (b)Effective October 1, 2009, the agency may not issue a
   99  change of ownership license to a home health agency under part
  100  II of chapter 408 or this part until July 1, 2010, in any county
  101  that has at least one actively licensed home health agency and a
  102  population of persons 65 years of age or older, as indicated in
  103  the most recent population estimates published by the Executive
  104  Office of the Governor, of fewer than 1,200 per home health
  105  agency. In such counties, for any application received by the
  106  agency before October 1, 2009, which has been deemed by the
  107  agency to be complete except for proof of accreditation, the
  108  agency may issue a change of ownership license only if the
  109  applicant has applied for accreditation before August 1, 2009,
  110  from an accrediting organization that is recognized by the
  111  agency.
  112         Section 6. Except as otherwise expressly provided in this
  113  act and except for this section, which shall take upon becoming
  114  a law, this act shall take effect July 1, 2009.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117         And the title is amended as follows:
  118         Delete everything before the enacting clause
  119  and insert:
  120                        A bill to be entitled                      
  121         An act relating to health care fraud prevention;
  122         designating Miami-Dade County as a health care fraud
  123         crisis area; amending s. 68.086, F.S.; authorizing
  124         rather than requiring a court to award attorney’s fees
  125         and expenses to a prevailing defendant in an action
  126         brought under the Florida False Claims Act under
  127         certain circumstances; providing applicability;
  128         creating s. 408.8065, F.S.; providing additional
  129         licensure requirements for home health agencies, home
  130         medical equipment providers, and health care clinics;
  131         requiring the posting of a surety bond in a specified
  132         minimum amount under certain circumstances; imposing
  133         criminal penalties against a person who knowingly
  134         submits misleading information to the Agency for
  135         Health Care Administration in connection with
  136         applications for certain licenses; amending s.
  137         400.471, F.S.; providing limitations on the licensure
  138         of home health agencies in certain counties; providing
  139         an exception; providing effective dates.