Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1986
       
       
       
       
       
       
                                Barcode 801926                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/AD/2R         .                                
             04/23/2009 05:22 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 1066 - 1514
    4  and insert:
    5         (24) If the agency imposes an administrative sanction
    6  pursuant to subsection (13), subsection (14), or subsection
    7  (15), except paragraphs (15)(e) and (o), upon any provider or
    8  any principal, officer, director, agent, managing employee, or
    9  affiliated person of the provider other person who is regulated
   10  by another state entity, the agency shall notify that other
   11  entity of the imposition of the sanction within 5 business days.
   12  Such notification must include the provider’s or person’s name
   13  and license number and the specific reasons for sanction.
   14         (25)(a) The agency shall may withhold Medicaid payments, in
   15  whole or in part, to a provider upon receipt of reliable
   16  evidence that the circumstances giving rise to the need for a
   17  withholding of payments involve fraud, willful
   18  misrepresentation, or abuse under the Medicaid program, or a
   19  crime committed while rendering goods or services to Medicaid
   20  recipients. If it is determined that fraud, willful
   21  misrepresentation, abuse, or a crime did not occur, the payments
   22  withheld must be paid to the provider within 14 days after such
   23  determination with interest at the rate of 10 percent a year.
   24  Any money withheld in accordance with this paragraph shall be
   25  placed in a suspended account, readily accessible to the agency,
   26  so that any payment ultimately due the provider shall be made
   27  within 14 days.
   28         (b) The agency shall may deny payment, or require
   29  repayment, if the goods or services were furnished, supervised,
   30  or caused to be furnished by a person who has been suspended or
   31  terminated from the Medicaid program or Medicare program by the
   32  Federal Government or any state.
   33         (c) Overpayments owed to the agency bear interest at the
   34  rate of 10 percent per year from the date of determination of
   35  the overpayment by the agency, and payment arrangements must be
   36  made at the conclusion of legal proceedings. A provider who does
   37  not enter into or adhere to an agreed-upon repayment schedule
   38  may be terminated by the agency for nonpayment or partial
   39  payment.
   40         (d) The agency, upon entry of a final agency order, a
   41  judgment or order of a court of competent jurisdiction, or a
   42  stipulation or settlement, may collect the moneys owed by all
   43  means allowable by law, including, but not limited to, notifying
   44  any fiscal intermediary of Medicare benefits that the state has
   45  a superior right of payment. Upon receipt of such written
   46  notification, the Medicare fiscal intermediary shall remit to
   47  the state the sum claimed.
   48         (e) The agency may institute amnesty programs to allow
   49  Medicaid providers the opportunity to voluntarily repay
   50  overpayments. The agency may adopt rules to administer such
   51  programs.
   52         (27) When the Agency for Health Care Administration has
   53  made a probable cause determination and alleged that an
   54  overpayment to a Medicaid provider has occurred, the agency,
   55  after notice to the provider, shall may:
   56         (a) Withhold, and continue to withhold during the pendency
   57  of an administrative hearing pursuant to chapter 120, any
   58  medical assistance reimbursement payments until such time as the
   59  overpayment is recovered, unless within 30 days after receiving
   60  notice thereof the provider:
   61         1. Makes repayment in full; or
   62         2. Establishes a repayment plan that is satisfactory to the
   63  Agency for Health Care Administration.
   64         (b) Withhold, and continue to withhold during the pendency
   65  of an administrative hearing pursuant to chapter 120, medical
   66  assistance reimbursement payments if the terms of a repayment
   67  plan are not adhered to by the provider.
   68         (30) The agency shall may terminate a provider’s
   69  participation in the Medicaid program if the provider fails to
   70  reimburse an overpayment that has been determined by final
   71  order, not subject to further appeal, within 35 days after the
   72  date of the final order, unless the provider and the agency have
   73  entered into a repayment agreement.
   74         (31) If a provider requests an administrative hearing
   75  pursuant to chapter 120, such hearing must be conducted within
   76  90 days following assignment of an administrative law judge,
   77  absent exceptionally good cause shown as determined by the
   78  administrative law judge or hearing officer. Upon issuance of a
   79  final order, the outstanding balance of the amount determined to
   80  constitute the overpayment shall become due. If a provider fails
   81  to make payments in full, fails to enter into a satisfactory
   82  repayment plan, or fails to comply with the terms of a repayment
   83  plan or settlement agreement, the agency shall may withhold
   84  medical assistance reimbursement payments until the amount due
   85  is paid in full.
   86         (36) At least three times a year, the agency shall provide
   87  to each Medicaid recipient or his or her representative an
   88  explanation of benefits in the form of a letter that is mailed
   89  to the most recent address of the recipient on the record with
   90  the Department of Children and Family Services. The explanation
   91  of benefits must include the patient’s name, the name of the
   92  health care provider and the address of the location where the
   93  service was provided, a description of all services billed to
   94  Medicaid in terminology that should be understood by a
   95  reasonable person, and information on how to report
   96  inappropriate or incorrect billing to the agency or other law
   97  enforcement entities for review or investigation. At least once
   98  a year, the letter also must include information on how to
   99  report criminal Medicaid fraud, the Medicaid Fraud Control
  100  Unit’s toll-free hotline number, and information about the
  101  rewards available under s. 409.9203. The explanation of benefits
  102  may not be mailed for Medicaid independent laboratory services
  103  as described in s. 409.905(7) or for Medicaid certified match
  104  services as described in ss. 409.9071 and 1011.70.
  105         (37)The agency shall post on its website a current list of
  106  each Medicaid provider, including any principal, officer,
  107  director, agent, managing employee, or affiliated person of the
  108  provider, or any partner or shareholder having an ownership
  109  interest in the provider equal to 5 percent or greater, who has
  110  been terminated for cause from the Medicaid program or
  111  sanctioned under this section. The list must be searchable by a
  112  variety of search parameters and provide for the creation of
  113  formatted lists that may be printed or imported into other
  114  applications, including spreadsheets. The agency shall update
  115  the list at least monthly.
  116         (38)In order to improve the detection of health care
  117  fraud, use technology to prevent and detect fraud, and maximize
  118  the electronic exchange of health care fraud information, the
  119  agency shall:
  120         (a)Compile, maintain, and publish on its website a
  121  detailed list of all state and federal databases that contain
  122  health care fraud information and update the list at least
  123  biannually;
  124         (b)Develop a strategic plan to connect all databases that
  125  contain health care fraud information to facilitate the
  126  electronic exchange of health information between the agency,
  127  the Department of Health, the Department of Law Enforcement, and
  128  the Attorney General’s Office. The plan must include recommended
  129  standard data formats, fraud-identification strategies, and
  130  specifications for the technical interface between state and
  131  federal health care fraud databases;
  132         (c)Monitor innovations in health information technology,
  133  specifically as it pertains to Medicaid fraud prevention and
  134  detection; and
  135         (d)Periodically publish policy briefs that highlight
  136  available new technology to prevent or detect health care fraud
  137  and projects implemented by other states, the private sector, or
  138  the Federal Government which use technology to prevent or detect
  139  health care fraud.
  140         Section 14. Subsections (1) and (2) of section 409.920,
  141  Florida Statutes, are amended, present subsections (8) and (9)
  142  of that section are renumbered as subsections (9) and (10),
  143  respectively, and a new subsection (8) is added to that section,
  144  to read:
  145         409.920 Medicaid provider fraud.—
  146         (1) For the purposes of this section, the term:
  147         (a) “Agency” means the Agency for Health Care
  148  Administration.
  149         (b) “Fiscal agent” means any individual, firm, corporation,
  150  partnership, organization, or other legal entity that has
  151  contracted with the agency to receive, process, and adjudicate
  152  claims under the Medicaid program.
  153         (c) “Item or service” includes:
  154         1. Any particular item, device, medical supply, or service
  155  claimed to have been provided to a recipient and listed in an
  156  itemized claim for payment; or
  157         2. In the case of a claim based on costs, any entry in the
  158  cost report, books of account, or other documents supporting
  159  such claim.
  160         (d) “Knowingly” means that the act was done voluntarily and
  161  intentionally and not because of mistake or accident. As used in
  162  this section, the term “knowingly” also includes the word
  163  “willfully” or “willful” which, as used in this section, means
  164  that an act was committed voluntarily and purposely, with the
  165  specific intent to do something that the law forbids, and that
  166  the act was committed with bad purpose, either to disobey or
  167  disregard the law.
  168         (e)“Managed care plans” means a health insurer authorized
  169  under chapter 624, an exclusive provider organization authorized
  170  under chapter 627, a health maintenance organization authorized
  171  under chapter 641, the Children’s Medical Services Network
  172  authorized under chapter 391, a prepaid health plan authorized
  173  under chapter 409, a provider service network authorized under
  174  chapter 409, a minority physician network authorized under
  175  chapter 409, and an emergency department diversion program
  176  authorized under chapter 409 or the General Appropriations Act,
  177  providing health care services pursuant to a contract with the
  178  Medicaid program.
  179         (2)(a)A person may not It is unlawful to:
  180         1.(a) Knowingly make, cause to be made, or aid and abet in
  181  the making of any false statement or false representation of a
  182  material fact, by commission or omission, in any claim submitted
  183  to the agency or its fiscal agent or a managed care plan for
  184  payment.
  185         2.(b) Knowingly make, cause to be made, or aid and abet in
  186  the making of a claim for items or services that are not
  187  authorized to be reimbursed by the Medicaid program.
  188         3.(c) Knowingly charge, solicit, accept, or receive
  189  anything of value, other than an authorized copayment from a
  190  Medicaid recipient, from any source in addition to the amount
  191  legally payable for an item or service provided to a Medicaid
  192  recipient under the Medicaid program or knowingly fail to credit
  193  the agency or its fiscal agent for any payment received from a
  194  third-party source.
  195         4.(d) Knowingly make or in any way cause to be made any
  196  false statement or false representation of a material fact, by
  197  commission or omission, in any document containing items of
  198  income and expense that is or may be used by the agency to
  199  determine a general or specific rate of payment for an item or
  200  service provided by a provider.
  201         5.(e) Knowingly solicit, offer, pay, or receive any
  202  remuneration, including any kickback, bribe, or rebate, directly
  203  or indirectly, overtly or covertly, in cash or in kind, in
  204  return for referring an individual to a person for the
  205  furnishing or arranging for the furnishing of any item or
  206  service for which payment may be made, in whole or in part,
  207  under the Medicaid program, or in return for obtaining,
  208  purchasing, leasing, ordering, or arranging for or recommending,
  209  obtaining, purchasing, leasing, or ordering any goods, facility,
  210  item, or service, for which payment may be made, in whole or in
  211  part, under the Medicaid program.
  212         6.(f) Knowingly submit false or misleading information or
  213  statements to the Medicaid program for the purpose of being
  214  accepted as a Medicaid provider.
  215         7.(g) Knowingly use or endeavor to use a Medicaid
  216  provider’s identification number or a Medicaid recipient’s
  217  identification number to make, cause to be made, or aid and abet
  218  in the making of a claim for items or services that are not
  219  authorized to be reimbursed by the Medicaid program.
  220         (b)1. A person who violates this subsection and receives or
  221  endeavors to receive anything of value of:
  222         a.Ten thousand dollars or less commits a felony of the
  223  third degree, punishable as provided in s. 775.082, s. 775.083,
  224  or s. 775.084.
  225         b.More than $10,000, but less than $50,000, commits a
  226  felony of the second degree, punishable as provided in s.
  227  775.082, s. 775.083, or s. 775.084.
  228         c.Fifty thousand dollars or more commits a felony of the
  229  first degree, punishable as provided in s. 775.082, s. 775.083,
  230  or s. 775.084.
  231         2.The value of separate funds, goods, or services that a
  232  person received or attempted to receive pursuant to a scheme or
  233  course of conduct may be aggregated in determining the degree of
  234  the offense.
  235         3.In addition to the sentence authorized by law, a person
  236  who is convicted of a violation of this subsection shall pay a
  237  fine in an amount equal to five times the pecuniary gain
  238  unlawfully received or the loss incurred by the Medicaid program
  239  or managed care organization, whichever is greater.
  240  	(8)A person who provides the state, any state agency, any
  241  of the state’s political subdivisions, or any agency of the
  242  state’s political subdivisions with information about fraud or
  243  suspected fraud by a Medicaid provider, including a managed care
  244  organization, is immune from civil liability for providing the
  245  information unless the person acted with knowledge that the
  246  information was false or with reckless disregard for the truth
  247  or falsity of the information.
  248         Section 15. Section 409.9203, Florida Statutes, is created
  249  to read:
  250         409.9203Rewards for reporting Medicaid fraud.—
  251         (1)The Department of Law Enforcement or director of the
  252  Medicaid Fraud Control Unit shall, subject to availability of
  253  funds, pay a reward to a person who furnishes original
  254  information relating to and reports a violation of the state’s
  255  Medicaid fraud laws, unless the person declines the reward, if
  256  the information and report:
  257         (a)Is made to the Office of the Attorney General, the
  258  Agency for Health Care Administration, the Department of Health,
  259  or the Department of Law Enforcement;
  260         (b)Relates to criminal fraud upon Medicaid funds or a
  261  criminal violation of Medicaid laws by another person; and
  262         (c)Leads to a recovery of a fine, penalty, or forfeiture
  263  of property.
  264         (2)The reward may not exceed the lesser of 25 percent of
  265  the amount recovered or $500,000 in a single case.
  266         (3)The reward shall be paid from the Legal Affairs
  267  Revolving Trust Fund from moneys collected pursuant to s.
  268  68.085.
  269         (4)A person who receives a reward pursuant to this section
  270  is not eligible to receive any funds pursuant to the Florida
  271  False Claims Act for Medicaid fraud for which a reward is
  272  received pursuant to this section.
  273         Section 16. Subsection (11) is added to section 456.004,
  274  Florida Statutes, to read:
  275         456.004 Department; powers and duties.—The department, for
  276  the professions under its jurisdiction, shall:
  277         (11)Work cooperatively with the Agency for Health Care
  278  Administration and the judicial system to recover Medicaid
  279  overpayments by the Medicaid program. The department shall
  280  investigate and prosecute health care practitioners who have not
  281  remitted amounts owed to the state for an overpayment from the
  282  Medicaid program pursuant to a final order, judgment, or
  283  stipulation or settlement.
  284         Section 17. Present subsections (6) through (10) of section
  285  456.041, Florida Statutes, are renumbered as subsections (7)
  286  through (11), respectively, and a new subsection (6) is added to
  287  that section, to read:
  288         456.041 Practitioner profile; creation.—
  289         (6)The Department of Health shall provide in each
  290  practitioner profile for every physician or advanced registered
  291  nurse practitioner terminated for cause from participating in
  292  the Medicaid program, pursuant to s. 409.913, or sanctioned by
  293  the Medicaid program a statement that the practitioner has been
  294  terminated from participating in the Florida Medicaid program or
  295  sanctioned by the Medicaid program.
  296         Section 18. Paragraph (o) of subsection (3) of section
  297  456.053, Florida Statutes, is amended to read:
  298         456.053 Financial arrangements between referring health
  299  care providers and providers of health care services.—
  300         (3) DEFINITIONS.—For the purpose of this section, the word,
  301  phrase, or term:
  302         (o) “Referral” means any referral of a patient by a health
  303  care provider for health care services, including, without
  304  limitation:
  305         1. The forwarding of a patient by a health care provider to
  306  another health care provider or to an entity which provides or
  307  supplies designated health services or any other health care
  308  item or service; or
  309         2. The request or establishment of a plan of care by a
  310  health care provider, which includes the provision of designated
  311  health services or other health care item or service.
  312         3. The following orders, recommendations, or plans of care
  313  shall not constitute a referral by a health care provider:
  314         a. By a radiologist for diagnostic-imaging services.
  315         b. By a physician specializing in the provision of
  316  radiation therapy services for such services.
  317         c. By a medical oncologist for drugs and solutions to be
  318  prepared and administered intravenously to such oncologist’s
  319  patient, as well as for the supplies and equipment used in
  320  connection therewith to treat such patient for cancer and the
  321  complications thereof.
  322         d. By a cardiologist for cardiac catheterization services.
  323         e. By a pathologist for diagnostic clinical laboratory
  324  tests and pathological examination services, if furnished by or
  325  under the supervision of such pathologist pursuant to a
  326  consultation requested by another physician.
  327         f. By a health care provider who is the sole provider or
  328  member of a group practice for designated health services or
  329  other health care items or services that are prescribed or
  330  provided solely for such referring health care provider’s or
  331  group practice’s own patients, and that are provided or
  332  performed by or under the direct supervision of such referring
  333  health care provider or group practice; provided, however, that
  334  effective July 1, 1999, a physician licensed pursuant to chapter
  335  458, chapter 459, chapter 460, or chapter 461 may refer a
  336  patient to a sole provider or group practice for diagnostic
  337  imaging services, excluding radiation therapy services, for
  338  which the sole provider or group practice billed both the
  339  technical and the professional fee for or on behalf of the
  340  patient, if the referring physician has no investment interest
  341  in the practice. The diagnostic imaging service referred to a
  342  group practice or sole provider must be a diagnostic imaging
  343  service normally provided within the scope of practice to the
  344  patients of the group practice or sole provider. The group
  345  practice or sole provider may accept no more than 15 percent of
  346  their patients receiving diagnostic imaging services from
  347  outside referrals, excluding radiation therapy services.
  348         g. By a health care provider for services provided by an
  349  ambulatory surgical center licensed under chapter 395.
  350         h. By a urologist for lithotripsy services.
  351         i. By a dentist for dental services performed by an
  352  employee of or health care provider who is an independent
  353  contractor with the dentist or group practice of which the
  354  dentist is a member.
  355         j. By a physician for infusion therapy services to a
  356  patient of that physician or a member of that physician’s group
  357  practice.
  358         k. By a nephrologist for renal dialysis services and
  359  supplies, except laboratory services.
  360         l. By a health care provider whose principal professional
  361  practice consists of treating patients in their private
  362  residences for services to be rendered in such private
  363  residences, except for services rendered by a home health agency
  364  licensed under chapter 400. For purposes of this sub
  365  subparagraph, the term “private residences” includes patient’s
  366  private homes, independent living centers, and assisted living
  367  facilities, but does not include skilled nursing facilities.
  368         m. By a health care provider for sleep related testing.
  369         Section 19. Section 456.0635, Florida Statutes, is created
  370  to read:
  371         456.0635Medicaid fraud; disqualification for license,
  372  certificate, or registration.—
  373         (1)Medicaid fraud in the practice of a health care
  374  profession is prohibited.
  375         (2)Each board within the jurisdiction of the department,
  376  or the department if there is no board, shall refuse to admit a
  377  candidate to any examination and refuse to issue or renew a
  378  license, certificate, or registration to any applicant if the
  379  candidate or applicant or any principle, officer, agent,
  380  managing employee, or affiliated person of the applicant, has
  381  been:
  382         (a)Convicted of, or entered a plea of guilty or nolo
  383  contendere to, regardless of adjudication, a felony under
  384  chapter 409, chapter 817, chapter 893, 21 U.S.C. ss. 801-970, or
  385  42 U.S.C. ss. 1395-1396, unless the sentence and any subsequent
  386  period of probation for such conviction or pleas ended more than
  387  fifteen years prior to the date of the application;
  388         (b) Terminated for cause from the Florida Medicaid program
  389  pursuant to s. 409.913, unless the applicant has been in good
  390  standing with the Florida Medicaid program for the most recent
  391  five years;
  392         (c)Terminated for cause, pursuant to the appeals
  393  procedures established by the state or Federal Government, from
  394  any other state Medicaid program or the federal Medicare
  395  program, unless the applicant has been in good standing with a
  396  state Medicaid program or the federal Medicare program for the
  397  most recent five years and the termination occurred at least 20
  398  years prior to the date of the application.
  399         (3)Licensed health care practitioners shall report
  400  allegations of Medicaid fraud to the department, regardless of
  401  the practice setting in which the alleged Medicaid fraud
  402  occurred.
  403         (4)The acceptance by a licensing authority of a
  404  candidate’s relinquishment of a license which is offered in
  405  response to or anticipation of the filing of administrative
  406  charges alleging Medicaid fraud or similar charges constitutes
  407  the permanent revocation of the license.
  408         Section 20. Paragraphs (ii), (jj), (kk), and (ll) are added
  409  to subsection (1) of section 456.072, Florida Statutes, to read:
  410         456.072 Grounds for discipline; penalties; enforcement.—
  411         (1) The following acts shall constitute grounds for which
  412  the disciplinary actions specified in subsection (2) may be
  413  taken:
  414         (ii)Being convicted of, or entering a plea of guilty or
  415  nolo contendere to, any misdemeanor or felony, regardless of
  416  adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s.
  417  1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518,
  418  or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
  419         (jj)Failing to remit the sum owed to the state for an
  420  overpayment from the Medicaid program pursuant to a final order,
  421  judgment, or stipulation or settlement.
  422         (kk)Being terminated from the state Medicaid program
  423  pursuant to s. 409.913, any other state Medicaid program, or the
  424  federal Medicare program, unless eligibility to participate in
  425  the program from which the practitioner was terminated has been
  426  restored.
  427         (ll)Being convicted of, or entering a plea of guilty or
  428  nolo contendere to, any misdemeanor or felony, regardless of
  429  adjudication, a crime in any jurisdiction which relates to
  430  health care fraud.
  431         Section 21. Subsection (1) of section 456.074, Florida
  432  Statutes, is amended to read:
  433         456.074 Certain health care practitioners; immediate
  434  suspension of license.—
  435         (1) The department shall issue an emergency order
  436  suspending the license of any person licensed under chapter 458,
  437  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  438  chapter 464, chapter 465, chapter 466, or chapter 484 who pleads
  439  guilty to, is convicted or found guilty of, or who enters a plea
  440  of nolo contendere to, regardless of adjudication, to:
  441         (a) A felony under chapter 409, chapter 817, or chapter 893
  442  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396;
  443  or.
  444         (b)A misdemeanor or felony under 18 U.S.C. s. 669, ss.
  445  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
  446  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
  447  Medicaid program.
  448         Section 22. Subsections (2) and (3) of section 465.022,
  449  Florida Statutes, are amended, present subsections (4), (5),
  450  (6), and (7) of that section are renumbered as subsections (5),
  451  (6), (7), and (8), respectively, and a new subsection (4) is
  452  added to that section, to read:
  453         465.022 Pharmacies; general requirements; fees.—
  454         (2) A pharmacy permit shall be issued only to a person who
  455  is at least 18 years of age, a partnership whose partners are
  456  all at least 18 years of age, or to a corporation that which is
  457  registered pursuant to chapter 607 or chapter 617 whose
  458  officers, directors, and shareholders are at least 18 years of
  459  age.
  460         (3) Any person, partnership, or corporation before engaging
  461  in the operation of a pharmacy shall file with the board a sworn
  462  application on forms provided by the department.
  463         (a)An application for a pharmacy permit must include a set
  464  of fingerprints from each person having an ownership interest of
  465  5 percent or greater and from any person who, directly or
  466  indirectly, manages, oversees, or controls the operation of the
  467  applicant, including officers and members of the board of
  468  directors of an applicant that is a corporation. The applicant
  469  must provide payment in the application for the cost of state
  470  and national criminal history records checks.
  471         1.For corporations having more than $100 million of
  472  business taxable assets in this state, in lieu of these
  473  fingerprint requirements, the department shall require the
  474  prescription department manager who will be directly involved in
  475  the management and operation of the pharmacy to submit a set of
  476  fingerprints.
  477         2.A representative of a corporation described in
  478  subparagraph 1. satisfies the requirement to submit a set of his
  479  or her fingerprints if the fingerprints are on file with the
  480  department or the Agency for Health Care Administration, meet
  481  the fingerprint specifications for submission by the Department
  482  of Law Enforcement, and are available to the department.
  483         (b)The department shall submit the fingerprints provided
  484  by the applicant to the Department of Law Enforcement for a
  485  state criminal history records check. The Department of Law
  486  Enforcement shall forward the fingerprints to the Federal Bureau
  487  of Investigation for a national criminal history records check.
  488         (4)The department or board shall deny an application for a
  489  pharmacy permit if the applicant or an affiliated person,
  490  partner, officer, director, or prescription department manager
  491  of the applicant has:
  492         (a)Obtained a permit by misrepresentation or fraud;
  493         (b)Attempted to procure, or has procured, a permit for any
  494  other person by making, or causing to be made, any false
  495  representation;
  496         (c)Been convicted of, or entered a plea of guilty or nolo
  497  contendere to, regardless of adjudication, a crime in any
  498  jurisdiction which relates to the practice of, or the ability to
  499  practice, the profession of pharmacy;
  500         (d)Been convicted of, or entered a plea of guilty or nolo
  501  contendere to, regardless of adjudication, a crime in any
  502  jurisdiction which relates to health care fraud;
  503         (e)Been terminated for cause, pursuant to the appeals
  504  procedures established by the state or Federal Government, from
  505  any state Medicaid program or the federal Medicare program,
  506  unless the applicant has been in good standing with a state
  507  Medicaid program or the federal Medicare program for the most
  508  recent five years and the termination occurred at least 20 years
  509  ago; or
  510  
  511  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  512         And the directory clause is amended as follows:
  513         Delete line 832
  514  and insert:
  515  (24), (25), (27), (30), (31), and (36) of section
  516  
  517  ================= T I T L E  A M E N D M E N T ================
  518         And the title is amended as follows:
  519         Delete lines 76 - 106
  520  and insert:
  521  affiliated persons; requiring that the agency provide notice of
  522  certain administrative sanctions to other regulatory agencies
  523  within a specified period; requiring the Agency for Health Care
  524  Administration to withhold or deny Medicaid payments under
  525  certain circumstances; requiring the agency to terminate a
  526  provider’s participation in the Medicaid program if the provider
  527  fails to repay certain overpayments from the Medicaid program;
  528  requiring the agency to provide at least annually information on
  529  Medicaid fraud in an explanation of benefits letter; requiring
  530  the Agency for Health Care Administration to post a list on its
  531  website of Medicaid providers and affiliated persons of
  532  providers who have been terminated or sanctioned; requiring the
  533  agency to take certain actions to improve the prevention and
  534  detection of health care fraud through the use of technology;
  535  amending s. 409.920, F.S.; defining the term “managed care
  536  organization”; providing criminal penalties and fines for
  537  Medicaid fraud; granting civil immunity to certain persons who
  538  report suspected Medicaid fraud; creating s. 409.9203, F.S.;
  539  authorizing the payment of rewards to persons who report and
  540  provide information relating to Medicaid fraud; amending s.
  541  456.004, F.S.; amending s. 456.053, F.S.; excluding referrals to
  542  a sleep care provider for sleep related testing to the
  543  definition of a referral; requiring the