Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 1487
       
       
       
       
       
       
                                Barcode 807320                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2009 09:19 AM       .                                
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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 law and shall apply 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, and contingency financing exist and will be available
   41  as needed, the applicant has demonstrated the financial ability
   42  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, and contingency
   52  financing. The statement must show that the applicant has at a
   53  minimum 3 months of average projected expenses to cover startup
   54  costs, working capital, and contingency financing. The minimum
   55  amount for contingency funding may not be less than 1 month of
   56  average projected expenses.
   57  
   58  All documents required under this subsection must be prepared in
   59  accordance with generally accepted accounting principles and may
   60  be in a compilation form. The financial statements must be
   61  signed by a certified public accountant.
   62         (2)For initial, renewal, or change of ownership licenses
   63  for a home health agency, a home medical equipment provider, or
   64  a health care clinic, applicants and controlling interests who
   65  are nonimmigrant aliens, as described in 8 U.S.C. s. 1101, must
   66  file a surety bond of at least $500,000, payable to the agency,
   67  which guarantees that the home health agency, home medical
   68  equipment provider, or health care clinic will act in full
   69  conformity with all legal requirements for operation.
   70  	(3)In addition to the requirements of s. 408.812, any
   71  person who offers services that require licensure under part VII
   72  or part X of chapter 400, or who offers skilled services that
   73  require licensure under part III of chapter 400, without
   74  obtaining a valid license; any person who knowingly files a
   75  false or or misleading license or license renewal application or
   76  who submits false or misleading information related to such
   77  application, and any person who violates or conspires to violate
   78  this section, commits a felony of the third degree, punishable
   79  as provided in s. 775.082, s. 775.083, or s. 775.084.
   80         Section 5. Subsection (10) is added to section 400.471,
   81  Florida Statutes, to read:
   82         (10) The agency may not issue an initial or change of
   83  ownership license to a home health agency under part II of
   84  chapter 408 or this part for the purpose of opening a new home
   85  health agency until July 1, 2010, in any county that has at
   86  least one actively licensed home health agency and a population
   87  of persons 65 years of age or older, as indicated in the most
   88  recent population estimates published by the Executive Office of
   89  the Governor, of fewer than 1,200 per home health agency. In
   90  such counties, for any application received by the agency prior
   91  to July 1, 2009, which has been deemed by the agency to be
   92  complete except for proof of accreditation, the agency may issue
   93  an initial or a change of ownership license only if the
   94  applicant has applied for accreditation before May 1, 2009, from
   95  an accrediting organization that is recognized by the agency.
   96  	Section 6. Except as otherwise provided in this act, this
   97  act shall take effect July 1, 2009.
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100         And the title is amended as follows:
  101         Delete everything before the enacting clause
  102  and insert:
  103  An act relating to health care fraud prevention; designating
  104  Miami-Dade County as a health care fraud crisis area; amending
  105  s. 68.086, F.S.; authorizing rather than requiring a court to
  106  award attorney’s fees and expenses to a prevailing defendant in
  107  an action brought under the Florida False Claims Act under
  108  certain circumstances; providing applicability; creating s.
  109  408.8065, F.S.; providing additional licensure requirements for
  110  home health agencies, home medical equipment providers, and
  111  health care clinics; requiring the posting of a surety bond in a
  112  specified minimum amount under certain circumstances; imposing
  113  criminal penalties against a person who knowingly submits
  114  misleading information to the Agency for Health Care
  115  Administration in connection with applications for certain
  116  licenses; amending s. 400.471; providing limitations on the
  117  licensure of home health agencies in certain counties; providing
  118  an exception; providing an effective date.