CS for CS for CS for SB 1986                     First Engrossed
       
       
       
       
       
       
       
       
       20091986e1
       
    1                        A bill to be entitled                      
    2         An act relating to health care; providing legislative
    3         findings; designating Miami-Dade County as a health
    4         care fraud area of concern; amending s. 68.085, F.S.;
    5         allocating certain funds recovered under the Florida
    6         False Claims Act to fund rewards for persons who
    7         report and provide information relating to Medicaid
    8         fraud; amending s. 68.086, F.S.; providing that a
    9         defendant who prevails in an action under the Florida
   10         False Claims Act may be awarded attorney’s fees and
   11         costs against the person bringing the action under
   12         certain circumstances; amending s. 400.471, F.S.;
   13         prohibiting the Agency for Health Care Administration
   14         from renewing a license of a home health agency in
   15         certain counties if the agency has been sanctioned for
   16         certain misconduct; providing limitations on licensing
   17         of home health agencies in certain counties; amending
   18         s. 400.474, F.S.; authorizing the Agency for Health
   19         Care Administration to deny, revoke, or suspend the
   20         license of or fine a home health agency that provides
   21         remuneration to certain facilities or bills the
   22         Medicaid program for medically unnecessary services;
   23         providing that certain discounts, compensations,
   24         waivers of payments, or payment practices; exempting
   25         nurse registries that meet certain conditions from a
   26         prohibition; creating s. 408.8065, F.S.; providing
   27         additional licensure requirements for home health
   28         agencies, home medical equipment providers, and health
   29         care clinics; requiring the posting of a surety bond
   30         in a specified minimum amount under certain
   31         circumstances; amending s. 400.506, F.S.; exempting
   32         certain items from a prohibition against providing
   33         remuneration to certain persons by a nurse registry;
   34         imposing criminal penalties against a person who
   35         knowingly submits misleading information to the Agency
   36         for Health Care Administration in connection with
   37         applications for certain licenses; amending ss.
   38         395.602 and 408.07, F.S.; revising the definition of
   39         the term “rural hospital” relating to hospital
   40         licensing and regulation and health care
   41         administration; amending s. 408.040, F.S.; providing
   42         an exception to the termination of certain
   43         certificates of need; creating s. 408.8065, F.S.;
   44         amending s. 408.810, F.S.; revising provisions
   45         relating to information required for licensure;
   46         requiring certain licensees to provide clients with a
   47         description of Medicaid fraud and the statewide toll
   48         free telephone number for the central Medicaid fraud
   49         hotline; amending s. 408.815, F.S.; providing
   50         additional grounds to deny an application for a
   51         license; amending s. 409.905, F.S.; authorizing the
   52         Agency for Health Care Administration to require prior
   53         authorization of care based on utilization rates;
   54         requiring a home health agency to submit a plan of
   55         care and documentation of a recipient’s medical
   56         condition to the Agency for Health Care Administration
   57         when requesting prior authorization; prohibiting the
   58         Agency for Health Care Administration from paying for
   59         home health services unless specified requirements are
   60         satisfied; amending s. 409.907, F.S.; providing for
   61         certain out-of-state providers to enroll as Medicaid
   62         providers; amending s. 409.912, F.S.; requiring that
   63         certain entities that provide comprehensive behavioral
   64         health care services to certain Medicaid recipients be
   65         licensed or authorized; requiring the Agency for
   66         Health Care Administration to establish norms for the
   67         utilization of Medicaid services; requiring the agency
   68         to submit a report relating to the overutilization of
   69         Medicaid services; revising the requirement for an
   70         entity that contracts on a prepaid or fixed-sum basis
   71         to meet certain surplus requirements; deleting the
   72         requirement that an entity maintain certain
   73         investments and restricted funds or deposits; revising
   74         the circumstances in which the agency must prohibit
   75         the entity from engaging in certain activities, cease
   76         to process new enrollments, and not renew the entity’s
   77         contract; amending s. 409.913, F.S.; requiring that
   78         the annual report submitted by the Agency for Health
   79         Care Administration and the Medicaid Fraud Control
   80         Unit of the Department of Legal Affairs recommend
   81         changes necessary to prevent and detect Medicaid
   82         fraud; requiring the Agency for Health Care
   83         Administration to monitor patterns of overutilization
   84         of Medicaid services; requiring the agency to deny
   85         payment or require repayment for Medicaid services
   86         under certain circumstances; requiring the Agency for
   87         Health Care Administration to immediately terminate a
   88         Medicaid provider’s participation in the Medicaid
   89         program as a result of certain adjudications against
   90         the provider or certain affiliated persons; requiring
   91         the Agency for Health Care Administration to suspend
   92         or terminate a Medicaid provider’s participation in
   93         the Medicaid program if the provider or certain
   94         affiliated persons participating in the Medicaid
   95         program have been suspended or terminated by the
   96         Federal Government or another state; providing that a
   97         provider is subject to sanctions for violations of law
   98         as the result of actions or inactions of the provider
   99         or certain affiliated persons; requiring that the
  100         agency provide notice of certain administrative
  101         sanctions to other regulatory agencies within a
  102         specified period; requiring the Agency for Health Care
  103         Administration to withhold or deny Medicaid payments
  104         under certain circumstances; requiring the agency to
  105         terminate a provider’s participation in the Medicaid
  106         program if the provider fails to repay certain
  107         overpayments from the Medicaid program; requiring the
  108         agency to provide at least annually information on
  109         Medicaid fraud in an explanation of benefits letter;
  110         requiring the Agency for Health Care Administration to
  111         post a list on its website of Medicaid providers and
  112         affiliated persons of providers who have been
  113         terminated or sanctioned; requiring the agency to take
  114         certain actions to improve the prevention and
  115         detection of health care fraud through the use of
  116         technology; amending s. 409.920, F.S.; defining the
  117         term “managed care organization”; providing criminal
  118         penalties and fines for Medicaid fraud; granting civil
  119         immunity to certain persons who report suspected
  120         Medicaid fraud; creating s. 409.9203, F.S.;
  121         authorizing the payment of rewards to persons who
  122         report and provide information relating to Medicaid
  123         fraud; amending s. 456.004, F.S.; amending s. 456.053,
  124         F.S.; excluding referrals to a sleep care provider for
  125         sleep related testing to the definition of a referral;
  126         requiring the Department of Health to work
  127         cooperatively with the Agency for Health Care
  128         Administration and the judicial system to recover
  129         overpayments by the Medicaid program; amending s.
  130         456.041, F.S.; requiring the Department of Health to
  131         include a statement in the practitioner profile if a
  132         practitioner has been terminated from participating in
  133         the Medicaid program; creating s. 456.0635, F.S.;
  134         prohibiting Medicaid fraud in the practice of health
  135         care professions; requiring the Department of Health
  136         or boards within the department to refuse to admit to
  137         exams and to deny licenses, permits, or certificates
  138         to certain persons who have engaged in certain acts;
  139         requiring health care practitioners to report
  140         allegations of Medicaid fraud; specifying that
  141         acceptance of the relinquishment of a license in
  142         anticipation of charges relating to Medicaid fraud
  143         constitutes permanent revocation of a license;
  144         amending s. 456.072, F.S.; creating additional grounds
  145         for the Department of Health to take disciplinary
  146         action against certain applicants or licensees for
  147         misconduct relating to a Medicaid program or to health
  148         care fraud; amending s. 456.074, F.S.; requiring the
  149         Department of Health to issue an emergency order
  150         suspending the license of a person who engages in
  151         certain criminal conduct relating to the Medicaid
  152         program; amending s. 465.022, F.S.; authorizing
  153         partnerships and corporations to obtain pharmacy
  154         permits; requiring applicants or certain persons
  155         affiliated with an applicant for a pharmacy permit to
  156         submit a set of fingerprints for a criminal history
  157         records check and pay the costs of the criminal
  158         history records check; requiring the Department of
  159         Health or Board of Pharmacy to deny an application for
  160         a pharmacy permit for certain misconduct by the
  161         applicant; or persons affiliated with the applicant;
  162         amending s. 465.023, F.S.; authorizing the Department
  163         of Health or the Board of Pharmacy to take
  164         disciplinary action against a permitee for certain
  165         misconduct by the permitee, or persons affiliated with
  166         the permitee; amending s. 825.103, F.S.; redefining
  167         the term “exploitation of an elderly person or
  168         disabled adult”; amending s. 921.0022, F.S.; revising
  169         the severity level ranking of Medicaid fraud under the
  170         Criminal Punishment Code; creating a pilot project to
  171         monitor and verify the delivery of home health
  172         services and provide for electronic claims for home
  173         health services; requiring the Agency for Health Care
  174         Administration to issue a report evaluating the pilot
  175         project; creating a pilot project for home health care
  176         management in Miami-Dade County; amending ss. 400.0077
  177         and 430.608, F.S.; conforming cross-references to
  178         changes made by the act; repealing s. 395.0199, F.S.,
  179         relating to private utilization review of health care
  180         services; amending ss. 395.405 and 400.0712, F.S.;
  181         conforming cross-references; repealing s. 400.118(2),
  182         F.S.; removing provisions requiring quality-of-care
  183         monitors for nursing facilities in agency district
  184         offices; amending s. 400.141, F.S.; deleting a
  185         requirement that licensed nursing home facilities
  186         provide the agency with a monthly report on the number
  187         of vacant beds in the facility; amending s. 400.147,
  188         F.S.; revising the definition of the term “adverse
  189         incident” for reporting purposes; requiring abuse,
  190         neglect, and exploitation to be reported to the agency
  191         and the Department of Children and Family Services;
  192         deleting a requirement that the agency submit an
  193         annual report on nursing home adverse incidents to the
  194         Legislature; amending s. 400.162, F.S.; revising
  195         requirements for policies and procedures regarding the
  196         safekeeping of a resident’s personal effects and
  197         property; amending s. 400.191; F.S.; revising the
  198         information on the agency’s Internet site regarding
  199         nursing homes; deleting the provision that requires
  200         the agency to provide information about nursing homes
  201         in printed form; amending s. 400.195, F.S.; conforming
  202         a cross-reference; amending s. 400.23, F.S.; deleting
  203         the requirement of the agency to adopt rules regarding
  204         the eating assistance provided to residents; amending
  205         s. 400.9935, F.S.; revising accreditation requirements
  206         for clinics providing magnetic resonance imaging
  207         services; amending s. 400.995, F.S.; revising agency
  208         responsibilities with respect to agency administrative
  209         penalties; amending s. 408.803, F.S.; revising
  210         definitions applicable to part II of ch. 408, F.S.,
  211         the “Health Care Licensing Procedures Act”; amending
  212         s. 408.806, F.S.; revising contents of and procedures
  213         relating to health care provider applications for
  214         licensure; providing an exception from certain
  215         licensure inspections for adult family-care homes;
  216         authorizing the agency to provide electronic access to
  217         certain information and documents; amending s.
  218         408.808, F.S.; providing for a provisional license to
  219         be issued to applicants applying for a change of
  220         ownership; providing a time limit on provisional
  221         licenses; amending s. 408.809, F.S.; revising
  222         provisions relating to background screening of
  223         specified employees; requiring health care providers
  224         to submit to the agency an affidavit of compliance
  225         with background screening requirements at the time of
  226         license renewal; deleting a provision to conform to
  227         changes made by the act; amending s. 408.811, F.S.;
  228         providing for certain inspections to be accepted in
  229         lieu of complete licensure inspections; granting
  230         agency access to records requested during an offsite
  231         review; providing timeframes for correction of certain
  232         deficiencies and submission of plans to correct the
  233         deficiencies; amending s. 408.813, F.S.; providing
  234         classifications of violations of part II of ch. 408,
  235         F.S.; providing for fines; amending s. 408.820, F.S.;
  236         revising applicability of certain exemptions from
  237         specified requirements of part II of ch. 408, F.S.;
  238         creating s. 408.821, F.S.; requiring entities
  239         regulated or licensed by the agency to designate a
  240         liaison officer for emergency operations; authorizing
  241         entities regulated or licensed by the agency to
  242         temporarily exceed their licensed capacity to act as
  243         receiving providers under specified circumstances;
  244         providing requirements that apply while such entities
  245         are in an overcapacity status; providing for issuance
  246         of an inactive license to such licensees under
  247         specified conditions; providing requirements and
  248         procedures with respect to the issuance and
  249         reactivation of an inactive license; authorizing the
  250         agency to adopt rules; amending s. 408.831, F.S.;
  251         deleting provisions relating to the authorization for
  252         entities regulated or licensed by the agency to exceed
  253         their licensed capacity to act as receiving facilities
  254         and issuance and reactivation of inactive licenses;
  255         amending s. 408.918, F.S.; revising the requirements
  256         of a provider to participate in the Florida 211
  257         network; requiring the Public Service Commission to
  258         request the Federal Communications Commission to
  259         direct the revocation of a 211 number under certain
  260         circumstances; deleting the requirement for the Agency
  261         for Health Care Administration to seek assistance in
  262         resolving jurisdictional disputes related to 211
  263         numbers; providing that the Florida Alliance of
  264         Information and Referral Services is the collaborative
  265         organization for the state; amending s. 409.221, F.S.;
  266         conforming a cross-reference; amending s. 409.901,
  267         F.S.; redefining the term “change of ownership” as it
  268         relates to Medicaid providers; repealing s. 429.071,
  269         F.S., relating to the intergenerational respite care
  270         assisted living facility pilot program; amending s.
  271         429.08, F.S.; authorizing the agency to provide
  272         information regarding licensed assisted living
  273         facilities on its Internet website; abolishing local
  274         coordinating workgroups established by agency field
  275         offices; amending s. 429.14, F.S.; conforming a
  276         reference; amending s. 429.19, F.S.; revising agency
  277         procedures for imposition of fines for violations of
  278         part I of ch. 429, F.S., the “Assisted Living
  279         Facilities Act”; amending s. 429.23, F.S.; redefining
  280         the term “adverse incident” for reporting purposes;
  281         requiring abuse, neglect, and exploitation to be
  282         reported to the agency and the Department of Children
  283         and Family Services; deleting a requirement that the
  284         agency submit an annual report on assisted living
  285         facility adverse incidents to the Legislature;
  286         repealing s. 429.26(9), F.S., relating to the removal
  287         of the requirement for a resident of an assisted
  288         living facility to undergo examinations and
  289         evaluations under certain circumstances; amending s.
  290         430.80, F.S.; conforming a cross-reference; amending
  291         ss. 435.04 and 435.05, F.S.; requiring employers of
  292         certain employees to submit an affidavit of compliance
  293         with level 2 screening requirements at the time of
  294         license renewal; amending s. 483.031, F.S.; revising a
  295         provision relating to the exemption of certain
  296         clinical laboratories, to conform to changes made by
  297         the act; amending s. 483.041, F.S.; redefining the
  298         term “waived test” as it is used in part I of ch. 483,
  299         F.S., the “Florida Clinical Laboratory Law”; repealing
  300         s. 483.106, F.S., relating to applications for
  301         certificates of exemption by clinical laboratories
  302         that perform certain tests; amending ss. 483.172,
  303         F.S.; conforming provisions; amending s. 627.4239,
  304         F.S.; revising the term “standard reference
  305         compendium” for purposes of regulating the insurance
  306         coverage of drugs used in the treatment of cancer;
  307         requiring a carrier to submit an annual report
  308         regarding the coverage of routine patient care costs
  309         to the Office of Insurance Regulation under certain
  310         circumstances; requiring the Office of Insurance
  311         Regulation to provide the annual report to the
  312         Governor, Legislature, and the Secretary of Health
  313         Care Administration; providing a definition; amending
  314         s. 651.118, F.S.; conforming a cross-reference;
  315         creating s. 409.91207; requiring the agency to develop
  316         a plan to create a medical home pilot project;
  317         providing waiver authority for the agency; providing
  318         an exception; requiring each medical home network to
  319         provide specified services; providing responsibilities
  320         of the agency; requiring the Secretary of the agency
  321         to appoint a task force; requiring the agency to
  322         submit a medical home implementation plan; specifying
  323         that implementation of the medical home pilot project
  324         is contingent upon legislative approval; authorizing
  325         the agency to develop rules; providing an effective
  326         date.
  327  
  328  Be It Enacted by the Legislature of the State of Florida:
  329  
  330         Section 1. The Legislature finds that:
  331         (1)Immediate and proactive measures are necessary to
  332  prevent, reduce, and mitigate health care fraud, waste, and
  333  abuse and are essential to maintaining the integrity and
  334  financial viability of health care delivery systems, including
  335  those funded in whole or in part by the Medicare and Medicaid
  336  trust funds. Without these measures, health care delivery
  337  systems in this state will be depleted of necessary funds to
  338  deliver patient care, and taxpayers’ dollars will be devalued
  339  and not used for their intended purposes.
  340         (2)Sufficient justification exists for increased oversight
  341  of health care clinics, home health agencies, providers of home
  342  medical equipment, and other health care providers throughout
  343  the state, and in particular, in Miami-Dade County.
  344         (3)The state’s best interest is served by deterring health
  345  care fraud, abuse, and waste and identifying patterns of
  346  fraudulent or abusive Medicare and Medicaid activity early,
  347  especially in high-risk localities, such as Miami-Dade County,
  348  in order to prevent inappropriate expenditures of public funds
  349  and harm to the state’s residents.
  350         (4)The Legislature designates Miami-Dade County as a
  351  health care fraud crisis area for purposes of implementing
  352  increased scrutiny of home health agencies, home medical
  353  equipment providers, health care clinics, and other health care
  354  providers in Miami-Dade County in order to assist the state’s
  355  efforts to prevent Medicaid fraud, waste, and abuse in the
  356  county and throughout the state.
  357         Section 2. Section 68.085, Florida Statutes, is amended to
  358  read:
  359         68.085 Awards to plaintiffs bringing action.—
  360         (1) If the department proceeds with and prevails in an
  361  action brought by a person under this act, except as provided in
  362  subsection (2), the court shall order the distribution to the
  363  person of at least 15 percent but not more than 25 percent of
  364  the proceeds recovered under any judgment obtained by the
  365  department in an action under s. 68.082 or of the proceeds of
  366  any settlement of the claim, depending upon the extent to which
  367  the person substantially contributed to the prosecution of the
  368  action.
  369         (2) If the department proceeds with an action which the
  370  court finds to be based primarily on disclosures of specific
  371  information, other than that provided by the person bringing the
  372  action, relating to allegations or transactions in a criminal,
  373  civil, or administrative hearing; a legislative, administrative,
  374  inspector general, or auditor general report, hearing, audit, or
  375  investigation; or from the news media, the court may award such
  376  sums as it considers appropriate, but in no case more than 10
  377  percent of the proceeds recovered under a judgment or received
  378  in settlement of a claim under this act, taking into account the
  379  significance of the information and the role of the person
  380  bringing the action in advancing the case to litigation.
  381         (3) If the department does not proceed with an action under
  382  this section, the person bringing the action or settling the
  383  claim shall receive an amount which the court decides is
  384  reasonable for collecting the civil penalty and damages. The
  385  amount shall be not less than 25 percent and not more than 30
  386  percent of the proceeds recovered under a judgment rendered in
  387  an action under this act or in settlement of a claim under this
  388  act.
  389         (4) Following any distributions under subsection (1),
  390  subsection (2), or subsection (3), the agency injured by the
  391  submission of a false or fraudulent claim shall be awarded an
  392  amount not to exceed its compensatory damages. If the action was
  393  based on a claim of funds from the state Medicaid program, 10
  394  percent of any remaining proceeds shall be deposited into the
  395  Legal Affairs Revolving Trust Fund to fund rewards for persons
  396  who report and provide information relating to Medicaid fraud
  397  pursuant to s. 409.9203. Any remaining proceeds, including civil
  398  penalties awarded under s. 68.082, shall be deposited in the
  399  General Revenue Fund.
  400         (5) Any payment under this section to the person bringing
  401  the action shall be paid only out of the proceeds recovered from
  402  the defendant.
  403         (6) Whether or not the department proceeds with the action,
  404  if the court finds that the action was brought by a person who
  405  planned and initiated the violation of s. 68.082 upon which the
  406  action was brought, the court may, to the extent the court
  407  considers appropriate, reduce the share of the proceeds of the
  408  action which the person would otherwise receive under this
  409  section, taking into account the role of the person in advancing
  410  the case to litigation and any relevant circumstances pertaining
  411  to the violation. If the person bringing the action is convicted
  412  of criminal conduct arising from his or her role in the
  413  violation of s. 68.082, the person shall be dismissed from the
  414  civil action and shall not receive any share of the proceeds of
  415  the action. Such dismissal shall not prejudice the right of the
  416  department to continue the action.
  417         Section 3. Section 68.086, Florida Statutes, is amended to
  418  read:
  419         68.086 Expenses; attorney’s fees and costs.—
  420         (1) If the department initiates an action under this act or
  421  assumes control of an action brought by a person under this act,
  422  the department shall be awarded its reasonable attorney’s fees,
  423  expenses, and costs.
  424         (2) If the court awards the person bringing the action
  425  proceeds under this act, the person shall also be awarded an
  426  amount for reasonable attorney’s fees and costs. Payment for
  427  reasonable attorney’s fees and costs shall be made from the
  428  recovered proceeds before the distribution of any award.
  429         (3) If the department does not proceed with an action under
  430  this act and the person bringing the action conducts the action
  431  defendant is the prevailing party, the court may shall award to
  432  the defendant its reasonable attorney’s fees and costs if the
  433  defendant prevails in the action and the court finds that the
  434  claim of against the person bringing the action was clearly
  435  frivolous, clearly vexatious, or brought primarily for purposes
  436  of harassment.
  437         (4) No liability shall be incurred by the state government,
  438  the affected agency, or the department for any expenses,
  439  attorney’s fees, or other costs incurred by any person in
  440  bringing or defending an action under this act.
  441         Section 4. Subsections (10) and (11) are added to section
  442  400.471, Florida Statutes, to read:
  443         400.471 Application for license; fee.—
  444         (10)The agency may not issue a renewal license for a home
  445  health agency in any county having at least one licensed home
  446  health agency and that has more than one home health agency per
  447  5,000 persons, as indicated by the most recent population
  448  estimates published by the Legislature’s Office of Economic and
  449  Demographic Research, if the applicant or any controlling
  450  interest has been administratively sanctioned by the agency
  451  during the two years prior to the submission of the licensure
  452  renewal application for one or more of the following acts:
  453         (a)An intentional or negligent act that materially affects
  454  the health or safety of a client of the provider;
  455         (b)Knowingly providing home health services in an
  456  unlicensed assisted living facility or unlicensed adult family
  457  care home, unless the home health agency or employee reports the
  458  unlicensed facility or home to the agency within 72 hours after
  459  providing the services;
  460         (c)Preparing or maintaining fraudulent patient records,
  461  such as, but not limited to, charting ahead, recording vital
  462  signs or symptoms which were not personally obtained or observed
  463  by the home health agency’s staff at the time indicated,
  464  borrowing patients or patient records from other home
  465  healthagencies to pass a survey or inspection, or falsifying
  466  signatures;
  467         (d)Failing to provide at least one service directly to a
  468  patient for a period of 60 days;
  469         (e)Demonstrating a pattern of falsifying documents
  470  relating to the training of home health aides or certified
  471  nursing assistants or demonstrating a pattern of falsifying
  472  health statements for staff who provide direct care to patients.
  473  A pattern may be demonstrated by a showing of at least three
  474  fraudulent entries or documents;
  475         (f)Demonstrating a pattern of billing any payor for
  476  services not provided. A pattern may be demonstrated by a
  477  showing of at least three billings for services not provided
  478  within a 12-month period;
  479         (g)Demonstrating a pattern of failing to provide a service
  480  specified in the home health agency’s written agreement with a
  481  patient or the patient’s legal representative, or the plan of
  482  care for that patient, unless a reduction in service is mandated
  483  by Medicare, Medicaid, or a state program or as provided in s.
  484  400.492(3). A pattern may be demonstrated by a showing of at
  485  least three incidents, regardless of the patient or service, in
  486  which the home health agency did not provide a service specified
  487  in a written agreement or plan of care during a 3-month period;
  488         (h)Giving remuneration to a case manager, discharge
  489  planner, facility-based staff member, or third-party vendor who
  490  is involved in the discharge planning process of a facility
  491  licensed under chapter 395, chapter 429, or this chapter from
  492  whom the home health agency receives referrals or gives
  493  remuneration as prohibited in s. 400.474(6)(a);
  494         (i)Giving cash, or its equivalent, to a Medicare or
  495  Medicaid beneficiary;
  496         (j)Demonstrating a pattern of billing the Medicaid program
  497  for services to Medicaid recipients which are medically
  498  unnecessary as determined by a final order. A pattern may be
  499  demonstrated by a showing of at least two such medically
  500  unnecessary services within one Medicaid program integrity audit
  501  period;
  502         (k)Providing services to residents in an assisted living
  503  facility for which the home health agency does not receive fair
  504  market value remuneration; or
  505         (l)Providing staffing to an assisted living facility for
  506  which the home health agency does not receive fair market value
  507  remuneration.
  508         (11) The agency may not issue an initial or change of
  509  ownership license to a home health agency under part III of
  510  chapter 400 or this part for the purpose of opening a new home
  511  health agency until July 1, 2010, in any county that has at
  512  least one actively licensed home health agency and a population
  513  of persons 65 years of age or older, as indicated in the most
  514  recent population estimates published by the Executive Office of
  515  the Governor, of fewer than 1,200 per home health agency. In
  516  such counties, for any application received by the agency prior
  517  to July 1, 2009, which has been deemed by the agency to be
  518  complete except for proof of accreditation, the agency may issue
  519  an initial or a change of ownership license only if the
  520  applicant has applied for accreditation before May 1, 2009, from
  521  an accrediting organization that is recognized by the agency.
  522         Section 5. Subsection (6) of section 400.474, Florida
  523  Statutes, is amended to read:
  524         400.474 Administrative penalties.—
  525         (6) The agency may deny, revoke, or suspend the license of
  526  a home health agency and shall impose a fine of $5,000 against a
  527  home health agency that:
  528         (a) Gives remuneration for staffing services to:
  529         1. Another home health agency with which it has formal or
  530  informal patient-referral transactions or arrangements; or
  531         2. A health services pool with which it has formal or
  532  informal patient-referral transactions or arrangements,
  533  
  534  unless the home health agency has activated its comprehensive
  535  emergency management plan in accordance with s. 400.492. This
  536  paragraph does not apply to a Medicare-certified home health
  537  agency that provides fair market value remuneration for staffing
  538  services to a non-Medicare-certified home health agency that is
  539  part of a continuing care facility licensed under chapter 651
  540  for providing services to its own residents if each resident
  541  receiving home health services pursuant to this arrangement
  542  attests in writing that he or she made a decision without
  543  influence from staff of the facility to select, from a list of
  544  Medicare-certified home health agencies provided by the
  545  facility, that Medicare-certified home health agency to provide
  546  the services.
  547         (b) Provides services to residents in an assisted living
  548  facility for which the home health agency does not receive fair
  549  market value remuneration.
  550         (c) Provides staffing to an assisted living facility for
  551  which the home health agency does not receive fair market value
  552  remuneration.
  553         (d) Fails to provide the agency, upon request, with copies
  554  of all contracts with assisted living facilities which were
  555  executed within 5 years before the request.
  556         (e) Gives remuneration to a case manager, discharge
  557  planner, facility-based staff member, or third-party vendor who
  558  is involved in the discharge planning process of a facility
  559  licensed under chapter 395, chapter 429, or this chapter from
  560  whom the home health agency receives referrals.
  561         (f) Fails to submit to the agency, within 15 days after the
  562  end of each calendar quarter, a written report that includes the
  563  following data based on data as it existed on the last day of
  564  the quarter:
  565         1. The number of insulin-dependent diabetic patients
  566  receiving insulin-injection services from the home health
  567  agency;
  568         2. The number of patients receiving both home health
  569  services from the home health agency and hospice services;
  570         3. The number of patients receiving home health services
  571  from that home health agency; and
  572         4. The names and license numbers of nurses whose primary
  573  job responsibility is to provide home health services to
  574  patients and who received remuneration from the home health
  575  agency in excess of $25,000 during the calendar quarter.
  576         (g) Gives cash, or its equivalent, to a Medicare or
  577  Medicaid beneficiary.
  578         (h) Has more than one medical director contract in effect
  579  at one time or more than one medical director contract and one
  580  contract with a physician-specialist whose services are mandated
  581  for the home health agency in order to qualify to participate in
  582  a federal or state health care program at one time.
  583         (i) Gives remuneration to a physician without a medical
  584  director contract being in effect. The contract must:
  585         1. Be in writing and signed by both parties;
  586         2. Provide for remuneration that is at fair market value
  587  for an hourly rate, which must be supported by invoices
  588  submitted by the medical director describing the work performed,
  589  the dates on which that work was performed, and the duration of
  590  that work; and
  591         3. Be for a term of at least 1 year.
  592  
  593  The hourly rate specified in the contract may not be increased
  594  during the term of the contract. The home health agency may not
  595  execute a subsequent contract with that physician which has an
  596  increased hourly rate and covers any portion of the term that
  597  was in the original contract.
  598         (j) Gives remuneration to:
  599         1. A physician, and the home health agency is in violation
  600  of paragraph (h) or paragraph (i);
  601         2. A member of the physician’s office staff; or
  602         3. An immediate family member of the physician,
  603  
  604  if the home health agency has received a patient referral in the
  605  preceding 12 months from that physician or physician’s office
  606  staff.
  607         (k) Fails to provide to the agency, upon request, copies of
  608  all contracts with a medical director which were executed within
  609  5 years before the request.
  610         (l)Demonstrates a pattern of billing the Medicaid program
  611  for services to Medicaid recipients which are medically
  612  unnecessary as determined by a final order. A pattern may be
  613  demonstrated by a showing of at least two such medically
  614  unnecessary services within one Medicaid program integrity audit
  615  period.
  616  
  617  Nothing in paragraph (e) or paragraph (j) shall be interpreted
  618  as applying to or precluding any discount, compensation, waiver
  619  of payment, or payment practice permitted by 52 U.S.C. s. 1320a
  620  7(b) or regulations adopted thereunder, including 42 C.F.R. s.
  621  1001.952, or 42 U.S.C. s. 1395nn or regulations adopted
  622  thereunder.
  623         Section 6. Paragraph (a) of subsection (15) of section
  624  400.506, Florida Statutes, is amended to read:
  625         400.506 Licensure of nurse registries; requirements;
  626  penalties.—
  627         (15)(a) The agency may deny, suspend, or revoke the license
  628  of a nurse registry and shall impose a fine of $5,000 against a
  629  nurse registry that:
  630         1. Provides services to residents in an assisted living
  631  facility for which the nurse registry does not receive fair
  632  market value remuneration.
  633         2. Provides staffing to an assisted living facility for
  634  which the nurse registry does not receive fair market value
  635  remuneration.
  636         3. Fails to provide the agency, upon request, with copies
  637  of all contracts with assisted living facilities which were
  638  executed within the last 5 years.
  639         4. Gives remuneration to a case manager, discharge planner,
  640  facility-based staff member, or third-party vendor who is
  641  involved in the discharge planning process of a facility
  642  licensed under chapter 395 or this chapter and from whom the
  643  nurse registry receives referrals. A nurse registry is exempt
  644  from this subparagraph if it does not bill the Florida Medicaid
  645  program or the Medicare program or share a controlling interest
  646  with any entity licensed, registered, or certified under part II
  647  of chapter 408 that bills the Florida Medicaid program or the
  648  Medicare program.
  649         5. Gives remuneration to a physician, a member of the
  650  physician’s office staff, or an immediate family member of the
  651  physician, and the nurse registry received a patient referral in
  652  the last 12 months from that physician or the physician’s office
  653  staff. A nurse registry is exempt from this subparagraph if it
  654  does not bill the Florida Medicaid program or the Medicare
  655  program or share a controlling interest with any entity
  656  licensed, registered, or certified under part II of chapter 408
  657  that bills the Florida Medicaid program or the Medicare program.
  658         Section 7. Section 408.8065, Florida Statutes, is created
  659  to read:
  660         408.8065Additional licensure requirements for home health
  661  agencies, home medical equipment providers, and health care
  662  clinics.—
  663         (1)An applicant for initial licensure, or initial
  664  licensure due to a change of ownership, as a home health agency,
  665  home medical equipment provider, or health care clinic shall:
  666         (a)Demonstrate financial ability to operate, as required
  667  under s. 408.810(8) and this section. If the applicant’s assets,
  668  credit, and projected revenues meet or exceed projected
  669  liabilities and expenses, and the applicant provides independent
  670  evidence that the funds necessary for startup costs, working
  671  capital, and contingency financing exist and will be available
  672  as needed, the applicant has demonstrated the financial ability
  673  to operate.
  674         (b)Submit pro forma financial statements, including a
  675  balance sheet, income and expense statement, and a statement of
  676  cash flows for the first 2 years of operation which provide
  677  evidence that the applicant has sufficient assets, credit, and
  678  projected revenues to cover liabilities and expenses.
  679         (c)Submit a statement of the applicant’s estimated startup
  680  costs and sources of funds through the break-even point in
  681  operations demonstrating that the applicant has the ability to
  682  fund all startup costs, working capital, and contingency
  683  financing. The statement must show that the applicant has at a
  684  minimum 3 months of average projected expenses to cover startup
  685  costs, working capital, and contingency financing. The minimum
  686  amount for contingency funding may not be less than 1 month of
  687  average projected expenses.
  688  
  689  All documents required under this subsection must be prepared in
  690  accordance with generally accepted accounting principles and may
  691  be in a compilation form. The financial statements must be
  692  signed by a certified public accountant.
  693         (2)For initial, renewal, or change of ownership licenses
  694  for a home health agency, a home medical equipment provider, or
  695  a health care clinic, applicants and controlling interests who
  696  are nonimmigrant aliens, as described in 8 U.S.C. s. 1101, must
  697  file a surety bond of at least $500,000, payable to the agency,
  698  which guarantees that the home health agency, home medical
  699  equipment provider, or health care clinic will act in full
  700  conformity with all legal requirements for operation.
  701         (3)In addition to the requirements of s. 408.812, any
  702  person who offers services that require licensure under part VII
  703  or part X of chapter 400, or who offers skilled services that
  704  require licensure under part III of chapter 400, without
  705  obtaining a valid license; any person who knowingly files a
  706  false or or misleading license or license renewal application or
  707  who submits false or misleading information related to such
  708  application, and any person who violates or conspires to violate
  709  this section, commits a felony of the third degree, punishable
  710  as provided in s. 775.082, s. 775.083, or s. 775.084.
  711         Section 8. Subsection (3) and paragraph (a) of subsection
  712  (5) of section 408.810, Florida Statutes, are amended to read:
  713         408.810 Minimum licensure requirements.—In addition to the
  714  licensure requirements specified in this part, authorizing
  715  statutes, and applicable rules, each applicant and licensee must
  716  comply with the requirements of this section in order to obtain
  717  and maintain a license.
  718         (3) Unless otherwise specified in this part, authorizing
  719  statutes, or applicable rules, any information required to be
  720  reported to the agency must be submitted within 21 calendar days
  721  after the report period or effective date of the information,
  722  whichever is earlier, including, but not limited to, any change
  723  of:
  724         (a)Information contained in the most recent application
  725  for licensure.
  726         (b)Required insurance or bonds.
  727         (5)(a) On or before the first day services are provided to
  728  a client, a licensee must inform the client and his or her
  729  immediate family or representative, if appropriate, of the right
  730  to report:
  731         1. Complaints. The statewide toll-free telephone number for
  732  reporting complaints to the agency must be provided to clients
  733  in a manner that is clearly legible and must include the words:
  734  “To report a complaint regarding the services you receive,
  735  please call toll-free (phone number).”
  736         2. Abusive, neglectful, or exploitative practices. The
  737  statewide toll-free telephone number for the central abuse
  738  hotline must be provided to clients in a manner that is clearly
  739  legible and must include the words: “To report abuse, neglect,
  740  or exploitation, please call toll-free (phone number).”
  741         3.Medicaid fraud. An agency-written description of
  742  Medicaid fraud and the statewide toll-free telephone number for
  743  the central Medicaid fraud hotline must be provided to clients
  744  in a manner that is clearly legible and must include the words:
  745  “To report suspected Medicaid fraud, please call toll-free
  746  (phone number).”
  747  
  748  The agency shall publish a minimum of a 90-day advance notice of
  749  a change in the toll-free telephone numbers.
  750         Section 9. Subsection (4) is added to section 408.815,
  751  Florida Statutes, to read:
  752         408.815 License or application denial; revocation.—
  753         (4)In addition to the grounds provided in authorizing
  754  statutes, the agency shall deny an application for a license or
  755  license renewal if the applicant or a person having a
  756  controlling interest in an applicant has been:
  757         (a)Convicted of, or enters a plea of guilty or nolo
  758  contendere to, regardless of adjudication, a felony under
  759  chapter 409, chapter 817, chapter 893, 21 U.S.C. ss. 801-970, or
  760  42 U.S.C. ss. 1395-1396, unless the sentence and any subsequent
  761  period of probation for such convictions or plea ended more than
  762  fifteen years prior to the date of the application;
  763         (b)Terminated for cause from the Florida Medicaid program
  764  pursuant to s. 409.913, unless the applicant has been in good
  765  standing with the Florida Medicaid program for the most recent
  766  five years; or
  767         (c)Terminated for cause, pursuant to the appeals
  768  procedures established by the state or Federal Government, from
  769  the federal Medicare program or from any other state Medicaid
  770  program, unless the applicant has been in good standing with a
  771  state Medicaid program or the federal Medicare program for the
  772  most recent five years and the termination occurred at least 20
  773  years prior to the date of the application.
  774         Section 10. Subsection (4) of section 409.905, Florida
  775  Statutes, is amended to read:
  776         409.905 Mandatory Medicaid services.—The agency may make
  777  payments for the following services, which are required of the
  778  state by Title XIX of the Social Security Act, furnished by
  779  Medicaid providers to recipients who are determined to be
  780  eligible on the dates on which the services were provided. Any
  781  service under this section shall be provided only when medically
  782  necessary and in accordance with state and federal law.
  783  Mandatory services rendered by providers in mobile units to
  784  Medicaid recipients may be restricted by the agency. Nothing in
  785  this section shall be construed to prevent or limit the agency
  786  from adjusting fees, reimbursement rates, lengths of stay,
  787  number of visits, number of services, or any other adjustments
  788  necessary to comply with the availability of moneys and any
  789  limitations or directions provided for in the General
  790  Appropriations Act or chapter 216.
  791         (4) HOME HEALTH CARE SERVICES.—The agency shall pay for
  792  nursing and home health aide services, supplies, appliances, and
  793  durable medical equipment, necessary to assist a recipient
  794  living at home. An entity that provides services pursuant to
  795  this subsection shall be licensed under part III of chapter 400.
  796  These services, equipment, and supplies, or reimbursement
  797  therefor, may be limited as provided in the General
  798  Appropriations Act and do not include services, equipment, or
  799  supplies provided to a person residing in a hospital or nursing
  800  facility.
  801         (a) In providing home health care services, the agency may
  802  require prior authorization of care based on diagnosis,
  803  utilization rates, or billing rates. The agency shall require
  804  prior authorization for visits for home health services that are
  805  not associated with a skilled nursing visit when the home health
  806  agency billing rates exceed the state average by 50 percent or
  807  more. The home health agency must submit the recipient’s plan of
  808  care and documentation that supports the recipient’s diagnosis
  809  to the agency when requesting prior authorization.
  810         (b) The agency shall implement a comprehensive utilization
  811  management program that requires prior authorization of all
  812  private duty nursing services, an individualized treatment plan
  813  that includes information about medication and treatment orders,
  814  treatment goals, methods of care to be used, and plans for care
  815  coordination by nurses and other health professionals. The
  816  utilization management program shall also include a process for
  817  periodically reviewing the ongoing use of private duty nursing
  818  services. The assessment of need shall be based on a child’s
  819  condition, family support and care supplements, a family’s
  820  ability to provide care, and a family’s and child’s schedule
  821  regarding work, school, sleep, and care for other family
  822  dependents. When implemented, the private duty nursing
  823  utilization management program shall replace the current
  824  authorization program used by the Agency for Health Care
  825  Administration and the Children’s Medical Services program of
  826  the Department of Health. The agency may competitively bid on a
  827  contract to select a qualified organization to provide
  828  utilization management of private duty nursing services. The
  829  agency is authorized to seek federal waivers to implement this
  830  initiative.
  831         (c)The agency may not pay for home health services, unless
  832  the services are medically necessary, and:
  833         1.The services are ordered by a physician.
  834         2.The written prescription for the services is signed and
  835  dated by the recipient’s physician before the development of a
  836  plan of care and before any request requiring prior
  837  authorization.
  838         3.The physician ordering the services is not employed,
  839  under contract with, or otherwise affiliated with the home
  840  health agency rendering the services. However, this subparagraph
  841  does not apply to a home health agency affiliated with a
  842  retirement community, of which the parent corporation or a
  843  related legal entity owns a rural health clinic certified under
  844  42 C.F.R. part 491, subpart A, ss. 1-11, a nursing home licensed
  845  under part II of chapter 400, or an apartment or single-family
  846  home for independent living. For purposes of this subparagraph,
  847  the agency may, on a case-by-case basis, provide an exception
  848  for medically fragile children who are younger than 21 years of
  849  age.
  850         4.The physician ordering the services has examined the
  851  recipient within the 30 days preceding the initial request for
  852  the services and biannually thereafter.
  853         5.The written prescription for the services includes the
  854  recipient’s acute or chronic medical condition or diagnosis, the
  855  home health service required, and, for skilled nursing services,
  856  the frequency and duration of the services.
  857         6.The national provider identifier, Medicaid
  858  identification number, or medical practitioner license number of
  859  the physician ordering the services is listed on the written
  860  prescription for the services, the claim for home health
  861  reimbursement, and the prior authorization request.
  862         Section 11. Paragraph (a) of subsection (9) of section
  863  409.907, Florida Statutes, is amended to read:
  864         409.907 Medicaid provider agreements.—The agency may make
  865  payments for medical assistance and related services rendered to
  866  Medicaid recipients only to an individual or entity who has a
  867  provider agreement in effect with the agency, who is performing
  868  services or supplying goods in accordance with federal, state,
  869  and local law, and who agrees that no person shall, on the
  870  grounds of handicap, race, color, or national origin, or for any
  871  other reason, be subjected to discrimination under any program
  872  or activity for which the provider receives payment from the
  873  agency.
  874         (9) Upon receipt of a completed, signed, and dated
  875  application, and completion of any necessary background
  876  investigation and criminal history record check, the agency must
  877  either:
  878         (a) Enroll the applicant as a Medicaid provider upon
  879  approval of the provider application. The enrollment effective
  880  date shall be the date the agency receives the provider
  881  application. With respect to a provider that requires a Medicare
  882  certification survey, the enrollment effective date is the date
  883  the certification is awarded. With respect to a provider that
  884  completes a change of ownership, the effective date is the date
  885  the agency received the application, the date the change of
  886  ownership was complete, or the date the applicant became
  887  eligible to provide services under Medicaid, whichever date is
  888  later. With respect to a provider of emergency medical services
  889  transportation or emergency services and care, the effective
  890  date is the date the services were rendered. Payment for any
  891  claims for services provided to Medicaid recipients between the
  892  date of receipt of the application and the date of approval is
  893  contingent on applying any and all applicable audits and edits
  894  contained in the agency’s claims adjudication and payment
  895  processing systems. The agency may enroll a provider located
  896  outside the State of Florida if the provider’s location is no
  897  more than 50 miles from the Florida state line, or the agency
  898  determines a need for that provider type to ensure adequate
  899  access to care; or
  900         Section 12. Paragraph (e) of subsection (2) of section
  901  395.602, Florida Statutes, is amended to read:
  902         395.602 Rural hospitals.—
  903         (2) DEFINITIONS.—As used in this part:
  904         (e) “Rural hospital” means an acute care hospital licensed
  905  under this chapter, having 100 or fewer licensed beds and an
  906  emergency room, which is:
  907         1. The sole provider within a county with a population
  908  density of no greater than 100 persons per square mile;
  909         2. An acute care hospital, in a county with a population
  910  density of no greater than 100 persons per square mile, which is
  911  at least 30 minutes of travel time, on normally traveled roads
  912  under normal traffic conditions, from any other acute care
  913  hospital within the same county;
  914         3. A hospital supported by a tax district or subdistrict
  915  whose boundaries encompass a population of 100 persons or fewer
  916  per square mile;
  917         4. A hospital in a constitutional charter county with a
  918  population of over 1 million persons that has imposed a local
  919  option health service tax pursuant to law and in an area that
  920  was directly impacted by a catastrophic event on August 24,
  921  1992, for which the Governor of Florida declared a state of
  922  emergency pursuant to chapter 125, and has 120 beds or less that
  923  serves an agricultural community with an emergency room
  924  utilization of no less than 20,000 visits and a Medicaid
  925  inpatient utilization rate greater than 15 percent;
  926         5. A hospital with a service area that has a population of
  927  100 persons or fewer per square mile. As used in this
  928  subparagraph, the term “service area” means the fewest number of
  929  zip codes that account for 75 percent of the hospital’s
  930  discharges for the most recent 5-year period, based on
  931  information available from the hospital inpatient discharge
  932  database in the Florida Center for Health Information and Policy
  933  Analysis at the Agency for Health Care Administration; or
  934         6. A hospital designated as a critical access hospital, as
  935  defined in s. 408.07(15).
  936  
  937  Population densities used in this paragraph must be based upon
  938  the most recently completed United States census. A hospital
  939  that received funds under s. 409.9116 for a quarter beginning no
  940  later than July 1, 2002, is deemed to have been and shall
  941  continue to be a rural hospital from that date through June 30,
  942  2015 2012, if the hospital continues to have 100 or fewer
  943  licensed beds and an emergency room, or meets the criteria of
  944  subparagraph 4. An acute care hospital that has not previously
  945  been designated as a rural hospital and that meets the criteria
  946  of this paragraph shall be granted such designation upon
  947  application, including supporting documentation to the Agency
  948  for Health Care Administration.
  949         Section 13. Paragraph (a) of subsection (2) of section
  950  408.040, Florida Statutes, is amended to read:
  951         408.040 Conditions and monitoring.—
  952         (2)(a) Unless the applicant has commenced construction, if
  953  the project provides for construction, unless the applicant has
  954  incurred an enforceable capital expenditure commitment for a
  955  project, if the project does not provide for construction, or
  956  unless subject to paragraph (b), a certificate of need shall
  957  terminate 18 months after the date of issuance, except a
  958  certificate of need of an entity which was issued on or before
  959  April 1, 2009, shall terminate 36 months after the date of
  960  issuance. The agency shall monitor the progress of the holder of
  961  the certificate of need in meeting the timetable for project
  962  development specified in the application, and may revoke the
  963  certificate of need, if the holder of the certificate is not
  964  meeting such timetable and is not making a good-faith effort, as
  965  defined by rule, to meet it.
  966         Section 14. Subsection (43) of section 408.07, Florida
  967  Statutes, is amended to read:
  968         408.07 Definitions.—As used in this chapter, with the
  969  exception of ss. 408.031-408.045, the term:
  970         (43) “Rural hospital” means an acute care hospital licensed
  971  under chapter 395, having 100 or fewer licensed beds and an
  972  emergency room, and which is:
  973         (a) The sole provider within a county with a population
  974  density of no greater than 100 persons per square mile;
  975         (b) An acute care hospital, in a county with a population
  976  density of no greater than 100 persons per square mile, which is
  977  at least 30 minutes of travel time, on normally traveled roads
  978  under normal traffic conditions, from another acute care
  979  hospital within the same county;
  980         (c) A hospital supported by a tax district or subdistrict
  981  whose boundaries encompass a population of 100 persons or fewer
  982  per square mile;
  983         (d) A hospital with a service area that has a population of
  984  100 persons or fewer per square mile. As used in this paragraph,
  985  the term “service area” means the fewest number of zip codes
  986  that account for 75 percent of the hospital’s discharges for the
  987  most recent 5-year period, based on information available from
  988  the hospital inpatient discharge database in the Florida Center
  989  for Health Information and Policy Analysis at the Agency for
  990  Health Care Administration; or
  991         (e) A critical access hospital.
  992  
  993  Population densities used in this subsection must be based upon
  994  the most recently completed United States census. A hospital
  995  that received funds under s. 409.9116 for a quarter beginning no
  996  later than July 1, 2002, is deemed to have been and shall
  997  continue to be a rural hospital from that date through June 30,
  998  2015 2012, if the hospital continues to have 100 or fewer
  999  licensed beds and an emergency room, or meets the criteria of s.
 1000  395.602(2)(e)4. An acute care hospital that has not previously
 1001  been designated as a rural hospital and that meets the criteria
 1002  of this subsection shall be granted such designation upon
 1003  application, including supporting documentation, to the Agency
 1004  for Health Care Administration.
 1005         Section 15. Paragraph (b) of subsection (4), subsection
 1006  (14), and subsection (17) of section 409.912, Florida Statutes,
 1007  are amended to read:
 1008         409.912 Cost-effective purchasing of health care.—The
 1009  agency shall purchase goods and services for Medicaid recipients
 1010  in the most cost-effective manner consistent with the delivery
 1011  of quality medical care. To ensure that medical services are
 1012  effectively utilized, the agency may, in any case, require a
 1013  confirmation or second physician’s opinion of the correct
 1014  diagnosis for purposes of authorizing future services under the
 1015  Medicaid program. This section does not restrict access to
 1016  emergency services or poststabilization care services as defined
 1017  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 1018  shall be rendered in a manner approved by the agency. The agency
 1019  shall maximize the use of prepaid per capita and prepaid
 1020  aggregate fixed-sum basis services when appropriate and other
 1021  alternative service delivery and reimbursement methodologies,
 1022  including competitive bidding pursuant to s. 287.057, designed
 1023  to facilitate the cost-effective purchase of a case-managed
 1024  continuum of care. The agency shall also require providers to
 1025  minimize the exposure of recipients to the need for acute
 1026  inpatient, custodial, and other institutional care and the
 1027  inappropriate or unnecessary use of high-cost services. The
 1028  agency shall contract with a vendor to monitor and evaluate the
 1029  clinical practice patterns of providers in order to identify
 1030  trends that are outside the normal practice patterns of a
 1031  provider’s professional peers or the national guidelines of a
 1032  provider’s professional association. The vendor must be able to
 1033  provide information and counseling to a provider whose practice
 1034  patterns are outside the norms, in consultation with the agency,
 1035  to improve patient care and reduce inappropriate utilization.
 1036  The agency may mandate prior authorization, drug therapy
 1037  management, or disease management participation for certain
 1038  populations of Medicaid beneficiaries, certain drug classes, or
 1039  particular drugs to prevent fraud, abuse, overuse, and possible
 1040  dangerous drug interactions. The Pharmaceutical and Therapeutics
 1041  Committee shall make recommendations to the agency on drugs for
 1042  which prior authorization is required. The agency shall inform
 1043  the Pharmaceutical and Therapeutics Committee of its decisions
 1044  regarding drugs subject to prior authorization. The agency is
 1045  authorized to limit the entities it contracts with or enrolls as
 1046  Medicaid providers by developing a provider network through
 1047  provider credentialing. The agency may competitively bid single
 1048  source-provider contracts if procurement of goods or services
 1049  results in demonstrated cost savings to the state without
 1050  limiting access to care. The agency may limit its network based
 1051  on the assessment of beneficiary access to care, provider
 1052  availability, provider quality standards, time and distance
 1053  standards for access to care, the cultural competence of the
 1054  provider network, demographic characteristics of Medicaid
 1055  beneficiaries, practice and provider-to-beneficiary standards,
 1056  appointment wait times, beneficiary use of services, provider
 1057  turnover, provider profiling, provider licensure history,
 1058  previous program integrity investigations and findings, peer
 1059  review, provider Medicaid policy and billing compliance records,
 1060  clinical and medical record audits, and other factors. Providers
 1061  shall not be entitled to enrollment in the Medicaid provider
 1062  network. The agency shall determine instances in which allowing
 1063  Medicaid beneficiaries to purchase durable medical equipment and
 1064  other goods is less expensive to the Medicaid program than long
 1065  term rental of the equipment or goods. The agency may establish
 1066  rules to facilitate purchases in lieu of long-term rentals in
 1067  order to protect against fraud and abuse in the Medicaid program
 1068  as defined in s. 409.913. The agency may seek federal waivers
 1069  necessary to administer these policies.
 1070         (4) The agency may contract with:
 1071         (b) An entity that is providing comprehensive behavioral
 1072  health care services to certain Medicaid recipients through a
 1073  capitated, prepaid arrangement pursuant to the federal waiver
 1074  provided for by s. 409.905(5). Such an entity must be licensed
 1075  under chapter 624, chapter 636, or chapter 641, or authorized
 1076  under paragraph (c), and must possess the clinical systems and
 1077  operational competence to manage risk and provide comprehensive
 1078  behavioral health care to Medicaid recipients. As used in this
 1079  paragraph, the term “comprehensive behavioral health care
 1080  services” means covered mental health and substance abuse
 1081  treatment services that are available to Medicaid recipients.
 1082  The secretary of the Department of Children and Family Services
 1083  shall approve provisions of procurements related to children in
 1084  the department’s care or custody before prior to enrolling such
 1085  children in a prepaid behavioral health plan. Any contract
 1086  awarded under this paragraph must be competitively procured. In
 1087  developing the behavioral health care prepaid plan procurement
 1088  document, the agency shall ensure that the procurement document
 1089  requires the contractor to develop and implement a plan to
 1090  ensure compliance with s. 394.4574 related to services provided
 1091  to residents of licensed assisted living facilities that hold a
 1092  limited mental health license. Except as provided in
 1093  subparagraph 8., and except in counties where the Medicaid
 1094  managed care pilot program is authorized pursuant to s.
 1095  409.91211, the agency shall seek federal approval to contract
 1096  with a single entity meeting these requirements to provide
 1097  comprehensive behavioral health care services to all Medicaid
 1098  recipients not enrolled in a Medicaid managed care plan
 1099  authorized under s. 409.91211 or a Medicaid health maintenance
 1100  organization in an AHCA area. In an AHCA area where the Medicaid
 1101  managed care pilot program is authorized pursuant to s.
 1102  409.91211 in one or more counties, the agency may procure a
 1103  contract with a single entity to serve the remaining counties as
 1104  an AHCA area or the remaining counties may be included with an
 1105  adjacent AHCA area and are shall be subject to this paragraph.
 1106  Each entity must offer a sufficient choice of providers in its
 1107  network to ensure recipient access to care and the opportunity
 1108  to select a provider with whom they are satisfied. The network
 1109  shall include all public mental health hospitals. To ensure
 1110  unimpaired access to behavioral health care services by Medicaid
 1111  recipients, all contracts issued pursuant to this paragraph must
 1112  shall require 80 percent of the capitation paid to the managed
 1113  care plan, including health maintenance organizations, to be
 1114  expended for the provision of behavioral health care services.
 1115  If In the event the managed care plan expends less than 80
 1116  percent of the capitation paid pursuant to this paragraph for
 1117  the provision of behavioral health care services, the difference
 1118  shall be returned to the agency. The agency shall provide the
 1119  managed care plan with a certification letter indicating the
 1120  amount of capitation paid during each calendar year for the
 1121  provision of behavioral health care services pursuant to this
 1122  section. The agency may reimburse for substance abuse treatment
 1123  services on a fee-for-service basis until the agency finds that
 1124  adequate funds are available for capitated, prepaid
 1125  arrangements.
 1126         1. By January 1, 2001, the agency shall modify the
 1127  contracts with the entities providing comprehensive inpatient
 1128  and outpatient mental health care services to Medicaid
 1129  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
 1130  Counties, to include substance abuse treatment services.
 1131         2. By July 1, 2003, the agency and the Department of
 1132  Children and Family Services shall execute a written agreement
 1133  that requires collaboration and joint development of all policy,
 1134  budgets, procurement documents, contracts, and monitoring plans
 1135  that have an impact on the state and Medicaid community mental
 1136  health and targeted case management programs.
 1137         3. Except as provided in subparagraph 8., by July 1, 2006,
 1138  the agency and the Department of Children and Family Services
 1139  shall contract with managed care entities in each AHCA area
 1140  except area 6 or arrange to provide comprehensive inpatient and
 1141  outpatient mental health and substance abuse services through
 1142  capitated prepaid arrangements to all Medicaid recipients who
 1143  are eligible to participate in such plans under federal law and
 1144  regulation. In AHCA areas where eligible individuals number less
 1145  than 150,000, the agency shall contract with a single managed
 1146  care plan to provide comprehensive behavioral health services to
 1147  all recipients who are not enrolled in a Medicaid health
 1148  maintenance organization or a Medicaid capitated managed care
 1149  plan authorized under s. 409.91211. The agency may contract with
 1150  more than one comprehensive behavioral health provider to
 1151  provide care to recipients who are not enrolled in a Medicaid
 1152  capitated managed care plan authorized under s. 409.91211 or a
 1153  Medicaid health maintenance organization in AHCA areas where the
 1154  eligible population exceeds 150,000. In an AHCA area where the
 1155  Medicaid managed care pilot program is authorized pursuant to s.
 1156  409.91211 in one or more counties, the agency may procure a
 1157  contract with a single entity to serve the remaining counties as
 1158  an AHCA area or the remaining counties may be included with an
 1159  adjacent AHCA area and shall be subject to this paragraph.
 1160  Contracts for comprehensive behavioral health providers awarded
 1161  pursuant to this section shall be competitively procured. Both
 1162  for-profit and not-for-profit corporations are shall be eligible
 1163  to compete. Managed care plans contracting with the agency under
 1164  subsection (3) shall provide and receive payment for the same
 1165  comprehensive behavioral health benefits as provided in AHCA
 1166  rules, including handbooks incorporated by reference. In AHCA
 1167  area 11, the agency shall contract with at least two
 1168  comprehensive behavioral health care providers to provide
 1169  behavioral health care to recipients in that area who are
 1170  enrolled in, or assigned to, the MediPass program. One of the
 1171  behavioral health care contracts must shall be with the existing
 1172  provider service network pilot project, as described in
 1173  paragraph (d), for the purpose of demonstrating the cost
 1174  effectiveness of the provision of quality mental health services
 1175  through a public hospital-operated managed care model. Payment
 1176  shall be at an agreed-upon capitated rate to ensure cost
 1177  savings. Of the recipients in area 11 who are assigned to
 1178  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
 1179  50,000 of those MediPass-enrolled recipients shall be assigned
 1180  to the existing provider service network in area 11 for their
 1181  behavioral care.
 1182         4. By October 1, 2003, the agency and the department shall
 1183  submit a plan to the Governor, the President of the Senate, and
 1184  the Speaker of the House of Representatives which provides for
 1185  the full implementation of capitated prepaid behavioral health
 1186  care in all areas of the state.
 1187         a. Implementation shall begin in 2003 in those AHCA areas
 1188  of the state where the agency is able to establish sufficient
 1189  capitation rates.
 1190         b. If the agency determines that the proposed capitation
 1191  rate in any area is insufficient to provide appropriate
 1192  services, the agency may adjust the capitation rate to ensure
 1193  that care will be available. The agency and the department may
 1194  use existing general revenue to address any additional required
 1195  match but may not over-obligate existing funds on an annualized
 1196  basis.
 1197         c. Subject to any limitations provided for in the General
 1198  Appropriations Act, the agency, in compliance with appropriate
 1199  federal authorization, shall develop policies and procedures
 1200  that allow for certification of local and state funds.
 1201         5. Children residing in a statewide inpatient psychiatric
 1202  program, or in a Department of Juvenile Justice or a Department
 1203  of Children and Family Services residential program approved as
 1204  a Medicaid behavioral health overlay services provider may shall
 1205  not be included in a behavioral health care prepaid health plan
 1206  or any other Medicaid managed care plan pursuant to this
 1207  paragraph.
 1208         6. In converting to a prepaid system of delivery, the
 1209  agency shall in its procurement document require an entity
 1210  providing only comprehensive behavioral health care services to
 1211  prevent the displacement of indigent care patients by enrollees
 1212  in the Medicaid prepaid health plan providing behavioral health
 1213  care services from facilities receiving state funding to provide
 1214  indigent behavioral health care, to facilities licensed under
 1215  chapter 395 which do not receive state funding for indigent
 1216  behavioral health care, or reimburse the unsubsidized facility
 1217  for the cost of behavioral health care provided to the displaced
 1218  indigent care patient.
 1219         7. Traditional community mental health providers under
 1220  contract with the Department of Children and Family Services
 1221  pursuant to part IV of chapter 394, child welfare providers
 1222  under contract with the Department of Children and Family
 1223  Services in areas 1 and 6, and inpatient mental health providers
 1224  licensed pursuant to chapter 395 must be offered an opportunity
 1225  to accept or decline a contract to participate in any provider
 1226  network for prepaid behavioral health services.
 1227         8. All Medicaid-eligible children, except children in area
 1228  1 and children in Highlands County, Hardee County, Polk County,
 1229  or Manatee County of area 6, that who are open for child welfare
 1230  services in the HomeSafeNet system, shall receive their
 1231  behavioral health care services through a specialty prepaid plan
 1232  operated by community-based lead agencies either through a
 1233  single agency or formal agreements among several agencies. The
 1234  specialty prepaid plan must result in savings to the state
 1235  comparable to savings achieved in other Medicaid managed care
 1236  and prepaid programs. Such plan must provide mechanisms to
 1237  maximize state and local revenues. The specialty prepaid plan
 1238  shall be developed by the agency and the Department of Children
 1239  and Family Services. The agency may is authorized to seek any
 1240  federal waivers to implement this initiative. Medicaid-eligible
 1241  children whose cases are open for child welfare services in the
 1242  HomeSafeNet system and who reside in AHCA area 10 are exempt
 1243  from the specialty prepaid plan upon the development of a
 1244  service delivery mechanism for children who reside in area 10 as
 1245  specified in s. 409.91211(3)(dd).
 1246         (14)(a) The agency shall operate or contract for the
 1247  operation of utilization management and incentive systems
 1248  designed to encourage cost-effective use of services and to
 1249  eliminate services that are medically unnecessary. The agency
 1250  shall track Medicaid provider prescription and billing patterns
 1251  and evaluate them against Medicaid medical necessity criteria
 1252  and coverage and limitation guidelines adopted by rule. Medical
 1253  necessity determination requires that service be consistent with
 1254  symptoms or confirmed diagnosis of illness or injury under
 1255  treatment and not in excess of the patient’s needs. The agency
 1256  shall conduct reviews of provider exceptions to peer group norms
 1257  and shall, using statistical methodologies, provider profiling,
 1258  and analysis of billing patterns, detect and investigate
 1259  abnormal or unusual increases in billing or payment of claims
 1260  for Medicaid services and medically unnecessary provision of
 1261  services. Providers that demonstrate a pattern of submitting
 1262  claims for medically unnecessary services shall be referred to
 1263  the Medicaid program integrity unit for investigation. In its
 1264  annual report, required in s. 409.913, the agency shall report
 1265  on its efforts to control overutilization as described in this
 1266  paragraph.
 1267         (b) The agency shall develop a procedure for determining
 1268  whether health care providers and service vendors can provide
 1269  the Medicaid program using a business case that demonstrates
 1270  whether a particular good or service can offset the cost of
 1271  providing the good or service in an alternative setting or
 1272  through other means and therefore should receive a higher
 1273  reimbursement. The business case must include, but need not be
 1274  limited to:
 1275         1. A detailed description of the good or service to be
 1276  provided, a description and analysis of the agency’s current
 1277  performance of the service, and a rationale documenting how
 1278  providing the service in an alternative setting would be in the
 1279  best interest of the state, the agency, and its clients.
 1280         2. A cost-benefit analysis documenting the estimated
 1281  specific direct and indirect costs, savings, performance
 1282  improvements, risks, and qualitative and quantitative benefits
 1283  involved in or resulting from providing the service. The cost
 1284  benefit analysis must include a detailed plan and timeline
 1285  identifying all actions that must be implemented to realize
 1286  expected benefits. The Secretary of Health Care Administration
 1287  shall verify that all costs, savings, and benefits are valid and
 1288  achievable.
 1289         (c) If the agency determines that the increased
 1290  reimbursement is cost-effective, the agency shall recommend a
 1291  change in the reimbursement schedule for that particular good or
 1292  service. If, within 12 months after implementing any rate change
 1293  under this procedure, the agency determines that costs were not
 1294  offset by the increased reimbursement schedule, the agency may
 1295  revert to the former reimbursement schedule for the particular
 1296  good or service.
 1297         (17) An entity contracting on a prepaid or fixed-sum basis
 1298  shall meet the, in addition to meeting any applicable statutory
 1299  surplus requirements of s. 641.225, also maintain at all times
 1300  in the form of cash, investments that mature in less than 180
 1301  days allowable as admitted assets by the Office of Insurance
 1302  Regulation, and restricted funds or deposits controlled by the
 1303  agency or the Office of Insurance Regulation, a surplus amount
 1304  equal to one-and-one-half times the entity’s monthly Medicaid
 1305  prepaid revenues. As used in this subsection, the term “surplus”
 1306  means the entity’s total assets minus total liabilities. If an
 1307  entity’s surplus falls below an amount equal to the surplus
 1308  requirements of s. 641.225 one-and-one-half times the entity’s
 1309  monthly Medicaid prepaid revenues, the agency shall prohibit the
 1310  entity from engaging in marketing and preenrollment activities,
 1311  shall cease to process new enrollments, and may shall not renew
 1312  the entity’s contract until the required balance is achieved.
 1313  The requirements of this subsection do not apply:
 1314         (a) Where a public entity agrees to fund any deficit
 1315  incurred by the contracting entity; or
 1316         (b) Where the entity’s performance and obligations are
 1317  guaranteed in writing by a guaranteeing organization which:
 1318         1. Has been in operation for at least 5 years and has
 1319  assets in excess of $50 million; or
 1320         2. Submits a written guarantee acceptable to the agency
 1321  which is irrevocable during the term of the contracting entity’s
 1322  contract with the agency and, upon termination of the contract,
 1323  until the agency receives proof of satisfaction of all
 1324  outstanding obligations incurred under the contract.
 1325         Section 16. Section 409.91207, Florida Statutes, is created
 1326  to read:
 1327         409.91207Medical Home Pilot Project.—
 1328         (1)The agency shall develop a plan to implement a medical
 1329  home pilot project that utilizes primary care case management
 1330  enhanced by medical home networks to provide coordinated and
 1331  cost-effective care that is reimbursed on a fee-for-service
 1332  basis and to compare the performance of the medical home
 1333  networks with other existing Medicaid managed care models. The
 1334  agency is authorized to seek a federal Medicaid waiver or an
 1335  amendment to any existing Medicaid waiver, except for the
 1336  current 1115 Medicaid waiver authorized in s. 409.91211, as
 1337  needed, to develop the pilot project created in this section but
 1338  must obtain approval of the Legislature prior to implementing
 1339  the pilot project.
 1340         (2)Each medical home network shall:
 1341         (a)Provide Medicaid recipients primary care, coordinated
 1342  services to control chronic illness, pharmacy services,
 1343  specialty physician services, and hospital outpatient and
 1344  inpatient services.
 1345         (b) Coordinate with other health care providers, as
 1346  necessary, to ensure that Medicaid recipients receive efficient
 1347  and effective access to other needed medical services,
 1348  consistent with the scope of services provided to Medipass
 1349  recipients.
 1350         (c)Consist of primary care physicians, federally qualified
 1351  health centers, clinics affiliated with Florida medical schools
 1352  or teaching hospitals, programs serving children with special
 1353  health care needs, medical school faculty, statutory teaching
 1354  hospitals, and other hospitals that agree to participate in the
 1355  network. A managed care organization is eligible to be
 1356  designated as a medical home network if it documents policies
 1357  and procedures consistent with subsection (3).
 1358         (3)The medical home pilot project developed by the agency
 1359  must be designed to modify the processes and patterns of health
 1360  care service delivery in the Medicaid program by requiring a
 1361  medical home network to:
 1362         (a) Assign a personal medical provider to lead an
 1363  interdisciplinary team of professionals who share the
 1364  responsibility for ongoing care to a specific panel of patients.
 1365         (b) Require the personal medical provider to identify the
 1366  patient’s health care needs and respond to those needs either
 1367  directly or through arrangements with other qualified providers.
 1368         (c) Coordinate or integrate care across all parts of the
 1369  health care delivery system.
 1370         (d) Integrate information technology into the health care
 1371  delivery system to enhance clinical performance and monitor
 1372  patient outcomes.
 1373         (4)The agency shall have the following duties, and
 1374  responsibilities with respect to the development of the medical
 1375  home pilot project:
 1376         (a)To develop and recommend a medical home pilot project
 1377  in at least two geographic regions in the state that will
 1378  facilitate access to specialty services in the state’s medical
 1379  schools and teaching hospitals.
 1380         (b)To develop and recommend funding strategies that
 1381  maximize available state and federal funds, including:
 1382         1. Enhanced primary care case management fees to
 1383  participating federally qualified health centers and primary
 1384  care clinics owned or operated by a medical school or teaching
 1385  hospital.
 1386         2. Enhanced payments to participating medical schools
 1387  through the supplemental physician payment program using
 1388  certified funds.
 1389         3. Reimbursement for facility costs, in addition to medical
 1390  services, for participating outpatient primary or specialty
 1391  clinics.
 1392         4. Supplemental Medicaid payments through the low-income
 1393  pool and exempt fee-for-service rates for participating
 1394  hospitals.
 1395         5. Enhanced capitation rates for managed care organizations
 1396  designated as medical home networks to reflect enhanced fee-for
 1397  service payments to medical home network providers.
 1398         (c)To develop and recommend criteria to designate medical
 1399  home networks as eligible to participate in the pilot program
 1400  and recommend incentives for medical home networks to
 1401  participate in the medical home pilot project, including bonus
 1402  payments and shared saving arrangements.
 1403         (d)To develop a comprehensive fiscal estimate of the
 1404  medical home pilot project that includes, but is not limited to,
 1405  anticipated savings to the Medicaid program and any anticipated
 1406  administrative costs.
 1407         (e)To develop and recommend which medical services the
 1408  medical home network would be responsible for providing to
 1409  enrolled Medicaid recipients.
 1410         (f)To develop and recommend methodologies to measure the
 1411  performance of the medical home pilot project including patient
 1412  outcomes, cost-effectiveness, provider participation, recipient
 1413  satisfaction, and accountability to ensure the quality of the
 1414  medical care provided to Medicaid recipients enrolled in the
 1415  pilot.
 1416         (g)To recommend policies and procedures for the medical
 1417  home pilot project administration including, but not limited to:
 1418  an implementation timeline, the Medicaid recipient enrollment
 1419  process, recruitment and enrollment of Medicaid providers, and
 1420  the reimbursement methodologies for participating Medicaid
 1421  providers.
 1422         (h)To determine and recommend methods to evaluate the
 1423  medical home pilot project including but not limited to the
 1424  comparison of the Medicaid fee-for service system, Medipass
 1425  system, and other Medicaid managed care programs.
 1426         (i)To develop and recommend standards and designation
 1427  requirements for a medical home network that include, but are
 1428  not limited to: medical care provided by the network, referral
 1429  arrangements, medical record requirements, health information
 1430  technology standards, follow-up care processes, and data
 1431  collection requirements.
 1432         (5)The Secretary of Health Care Administration shall
 1433  appoint a task force by August 1, 2009, to assist the agency in
 1434  the development and implementation of the medical home pilot
 1435  project. The task force must include, but is not limited to,
 1436  representatives of providers who could potentially participate
 1437  in a medical home network, Medicaid recipients, and existing
 1438  Medipass and managed care providers. Members of the task force
 1439  shall serve without compensation but are entitled to
 1440  reimbursement for per diem and travel expenses as provided in s.
 1441  112.061.
 1442         (6)The agency shall submit an implementation plan for the
 1443  medical home pilot project authorized in this section to the
 1444  Speaker of the House of Representatives, the President of the
 1445  Senate, and the Governor by February 1, 2010. The implementation
 1446  plan must include any approved waivers, waiver applications, or
 1447  state plan amendments necessary to implement the medical home
 1448  pilot project.
 1449         (a)The agency shall post any waiver applications, or
 1450  waiver amendments, authorized under this section on its Internet
 1451  website 15 days before submitting the applications to the United
 1452  States Centers for Medicare and Medicaid Services.
 1453         (b)The implementation of the medical home pilot project,
 1454  including any Medicaid waivers authorized in this section, is
 1455  contingent upon review and approval by the Legislature.
 1456         (c)Upon legislative approval to implement the medical home
 1457  pilot project, the agency may initiate the adoption of
 1458  administrative rules to implement and administer the medical
 1459  home pilot project created in this section.
 1460         Section 17. Subsections (2), (7), (11), (13), (14), (15),
 1461  (24), (25), (27), (30), (31), and (36) of section 409.913,
 1462  Florida Statutes, are amended, and subsections (37) and (38) are
 1463  added to that section, to read:
 1464         409.913 Oversight of the integrity of the Medicaid
 1465  program.—The agency shall operate a program to oversee the
 1466  activities of Florida Medicaid recipients, and providers and
 1467  their representatives, to ensure that fraudulent and abusive
 1468  behavior and neglect of recipients occur to the minimum extent
 1469  possible, and to recover overpayments and impose sanctions as
 1470  appropriate. Beginning January 1, 2003, and each year
 1471  thereafter, the agency and the Medicaid Fraud Control Unit of
 1472  the Department of Legal Affairs shall submit a joint report to
 1473  the Legislature documenting the effectiveness of the state’s
 1474  efforts to control Medicaid fraud and abuse and to recover
 1475  Medicaid overpayments during the previous fiscal year. The
 1476  report must describe the number of cases opened and investigated
 1477  each year; the sources of the cases opened; the disposition of
 1478  the cases closed each year; the amount of overpayments alleged
 1479  in preliminary and final audit letters; the number and amount of
 1480  fines or penalties imposed; any reductions in overpayment
 1481  amounts negotiated in settlement agreements or by other means;
 1482  the amount of final agency determinations of overpayments; the
 1483  amount deducted from federal claiming as a result of
 1484  overpayments; the amount of overpayments recovered each year;
 1485  the amount of cost of investigation recovered each year; the
 1486  average length of time to collect from the time the case was
 1487  opened until the overpayment is paid in full; the amount
 1488  determined as uncollectible and the portion of the uncollectible
 1489  amount subsequently reclaimed from the Federal Government; the
 1490  number of providers, by type, that are terminated from
 1491  participation in the Medicaid program as a result of fraud and
 1492  abuse; and all costs associated with discovering and prosecuting
 1493  cases of Medicaid overpayments and making recoveries in such
 1494  cases. The report must also document actions taken to prevent
 1495  overpayments and the number of providers prevented from
 1496  enrolling in or reenrolling in the Medicaid program as a result
 1497  of documented Medicaid fraud and abuse and must include policy
 1498  recommendations recommend changes necessary to prevent or
 1499  recover overpayments and changes necessary to prevent and detect
 1500  Medicaid fraud. All policy recommendations in the report must
 1501  include a detailed fiscal analysis, including, but not limited
 1502  to, implementation costs, estimated savings to the Medicaid
 1503  program, and the return on investment. The agency must submit
 1504  the policy recommendations and fiscal analyses in the report to
 1505  the appropriate estimating conference, pursuant to s. 216.137,
 1506  by February 15 of each year. The agency and the Medicaid Fraud
 1507  Control Unit of the Department of Legal Affairs each must
 1508  include detailed unit-specific performance standards,
 1509  benchmarks, and metrics in the report, including projected cost
 1510  savings to the state Medicaid program during the following
 1511  fiscal year.
 1512         (2) The agency shall conduct, or cause to be conducted by
 1513  contract or otherwise, reviews, investigations, analyses,
 1514  audits, or any combination thereof, to determine possible fraud,
 1515  abuse, overpayment, or recipient neglect in the Medicaid program
 1516  and shall report the findings of any overpayments in audit
 1517  reports as appropriate. At least 5 percent of all audits shall
 1518  be conducted on a random basis. As part of its ongoing fraud
 1519  detection activities, the agency shall identify and monitor, by
 1520  contract or otherwise, patterns of overutilization of Medicaid
 1521  services based on state averages. The agency shall track
 1522  Medicaid provider prescription and billing patterns and evaluate
 1523  them against Medicaid medical necessity criteria and coverage
 1524  and limitation guidelines adopted by rule. Medical necessity
 1525  determination requires that service be consistent with symptoms
 1526  or confirmed diagnosis of illness or injury under treatment and
 1527  not in excess of the patient’s needs. The agency shall conduct
 1528  reviews of provider exceptions to peer group norms and shall,
 1529  using statistical methodologies, provider profiling, and
 1530  analysis of billing patterns, detect and investigate abnormal or
 1531  unusual increases in billing or payment of claims for Medicaid
 1532  services and medically unnecessary provision of services.
 1533         (7) When presenting a claim for payment under the Medicaid
 1534  program, a provider has an affirmative duty to supervise the
 1535  provision of, and be responsible for, goods and services claimed
 1536  to have been provided, to supervise and be responsible for
 1537  preparation and submission of the claim, and to present a claim
 1538  that is true and accurate and that is for goods and services
 1539  that:
 1540         (a) Have actually been furnished to the recipient by the
 1541  provider prior to submitting the claim.
 1542         (b) Are Medicaid-covered goods or services that are
 1543  medically necessary.
 1544         (c) Are of a quality comparable to those furnished to the
 1545  general public by the provider’s peers.
 1546         (d) Have not been billed in whole or in part to a recipient
 1547  or a recipient’s responsible party, except for such copayments,
 1548  coinsurance, or deductibles as are authorized by the agency.
 1549         (e) Are provided in accord with applicable provisions of
 1550  all Medicaid rules, regulations, handbooks, and policies and in
 1551  accordance with federal, state, and local law.
 1552         (f) Are documented by records made at the time the goods or
 1553  services were provided, demonstrating the medical necessity for
 1554  the goods or services rendered. Medicaid goods or services are
 1555  excessive or not medically necessary unless both the medical
 1556  basis and the specific need for them are fully and properly
 1557  documented in the recipient’s medical record.
 1558  
 1559  The agency shall may deny payment or require repayment for goods
 1560  or services that are not presented as required in this
 1561  subsection.
 1562         (11) The agency shall may deny payment or require repayment
 1563  for inappropriate, medically unnecessary, or excessive goods or
 1564  services from the person furnishing them, the person under whose
 1565  supervision they were furnished, or the person causing them to
 1566  be furnished.
 1567         (13) The agency shall immediately may terminate
 1568  participation of a Medicaid provider in the Medicaid program and
 1569  may seek civil remedies or impose other administrative sanctions
 1570  against a Medicaid provider, if the provider or any principal,
 1571  officer, director, agent, managing employee, or affiliated
 1572  person of the provider, or any partner or shareholder having an
 1573  ownership interest in the provider equal to 5 percent or
 1574  greater, has been:
 1575         (a) Convicted of a criminal offense related to the delivery
 1576  of any health care goods or services, including the performance
 1577  of management or administrative functions relating to the
 1578  delivery of health care goods or services;
 1579         (b) Convicted of a criminal offense under federal law or
 1580  the law of any state relating to the practice of the provider’s
 1581  profession; or
 1582         (c) Found by a court of competent jurisdiction to have
 1583  neglected or physically abused a patient in connection with the
 1584  delivery of health care goods or services.
 1585  
 1586  If the agency determines a provider did not participate or
 1587  acquiesce in an offense specified in paragraph (a), paragraph
 1588  (b), or paragraph (c), termination will not be imposed. If the
 1589  agency effects a termination under this subsection, the agency
 1590  shall issue an immediate final order pursuant to s.
 1591  120.569(2)(n).
 1592         (14) If the provider has been suspended or terminated from
 1593  participation in the Medicaid program or the Medicare program by
 1594  the Federal Government or any state, the agency must immediately
 1595  suspend or terminate, as appropriate, the provider’s
 1596  participation in this state’s the Florida Medicaid program for a
 1597  period no less than that imposed by the Federal Government or
 1598  any other state, and may not enroll such provider in this
 1599  state’s the Florida Medicaid program while such foreign
 1600  suspension or termination remains in effect. The agency shall
 1601  also immediately suspend or terminate, as appropriate, a
 1602  provider’s participation in this state’s Medicaid program if the
 1603  provider participated or acquiesced in any action for which any
 1604  principal, officer, director, agent, managing employee, or
 1605  affiliated person of the provider, or any partner or shareholder
 1606  having an ownership interest in the provider equal to 5 percent
 1607  or greater, was suspended or terminated from participating in
 1608  the Medicaid program or the Medicare program by the Federal
 1609  Government or any state. This sanction is in addition to all
 1610  other remedies provided by law.
 1611         (15) The agency shall may seek a any remedy provided by
 1612  law, including, but not limited to, any remedy the remedies
 1613  provided in subsections (13) and (16) and s. 812.035, if:
 1614         (a) The provider’s license has not been renewed, or has
 1615  been revoked, suspended, or terminated, for cause, by the
 1616  licensing agency of any state;
 1617         (b) The provider has failed to make available or has
 1618  refused access to Medicaid-related records to an auditor,
 1619  investigator, or other authorized employee or agent of the
 1620  agency, the Attorney General, a state attorney, or the Federal
 1621  Government;
 1622         (c) The provider has not furnished or has failed to make
 1623  available such Medicaid-related records as the agency has found
 1624  necessary to determine whether Medicaid payments are or were due
 1625  and the amounts thereof;
 1626         (d) The provider has failed to maintain medical records
 1627  made at the time of service, or prior to service if prior
 1628  authorization is required, demonstrating the necessity and
 1629  appropriateness of the goods or services rendered;
 1630         (e) The provider is not in compliance with provisions of
 1631  Medicaid provider publications that have been adopted by
 1632  reference as rules in the Florida Administrative Code; with
 1633  provisions of state or federal laws, rules, or regulations; with
 1634  provisions of the provider agreement between the agency and the
 1635  provider; or with certifications found on claim forms or on
 1636  transmittal forms for electronically submitted claims that are
 1637  submitted by the provider or authorized representative, as such
 1638  provisions apply to the Medicaid program;
 1639         (f) The provider or person who ordered or prescribed the
 1640  care, services, or supplies has furnished, or ordered the
 1641  furnishing of, goods or services to a recipient which are
 1642  inappropriate, unnecessary, excessive, or harmful to the
 1643  recipient or are of inferior quality;
 1644         (g) The provider has demonstrated a pattern of failure to
 1645  provide goods or services that are medically necessary;
 1646         (h) The provider or an authorized representative of the
 1647  provider, or a person who ordered or prescribed the goods or
 1648  services, has submitted or caused to be submitted false or a
 1649  pattern of erroneous Medicaid claims;
 1650         (i) The provider or an authorized representative of the
 1651  provider, or a person who has ordered or prescribed the goods or
 1652  services, has submitted or caused to be submitted a Medicaid
 1653  provider enrollment application, a request for prior
 1654  authorization for Medicaid services, a drug exception request,
 1655  or a Medicaid cost report that contains materially false or
 1656  incorrect information;
 1657         (j) The provider or an authorized representative of the
 1658  provider has collected from or billed a recipient or a
 1659  recipient’s responsible party improperly for amounts that should
 1660  not have been so collected or billed by reason of the provider’s
 1661  billing the Medicaid program for the same service;
 1662         (k) The provider or an authorized representative of the
 1663  provider has included in a cost report costs that are not
 1664  allowable under a Florida Title XIX reimbursement plan, after
 1665  the provider or authorized representative had been advised in an
 1666  audit exit conference or audit report that the costs were not
 1667  allowable;
 1668         (l) The provider is charged by information or indictment
 1669  with fraudulent billing practices. The sanction applied for this
 1670  reason is limited to suspension of the provider’s participation
 1671  in the Medicaid program for the duration of the indictment
 1672  unless the provider is found guilty pursuant to the information
 1673  or indictment;
 1674         (m) The provider or a person who has ordered, or prescribed
 1675  the goods or services is found liable for negligent practice
 1676  resulting in death or injury to the provider’s patient;
 1677         (n) The provider fails to demonstrate that it had available
 1678  during a specific audit or review period sufficient quantities
 1679  of goods, or sufficient time in the case of services, to support
 1680  the provider’s billings to the Medicaid program;
 1681         (o) The provider has failed to comply with the notice and
 1682  reporting requirements of s. 409.907;
 1683         (p) The agency has received reliable information of patient
 1684  abuse or neglect or of any act prohibited by s. 409.920; or
 1685         (q) The provider has failed to comply with an agreed-upon
 1686  repayment schedule.
 1687  
 1688  A provider is subject to sanctions for violations of this
 1689  subsection as the result of actions or inactions of the
 1690  provider, or actions or inactions of any principal, officer,
 1691  director, agent, managing employee, or affiliated person of the
 1692  provider, or any partner or shareholder having an ownership
 1693  interest in the provider equal to 5 percent or greater, in which
 1694  the provider participated or acquiesced.
 1695         (24) If the agency imposes an administrative sanction
 1696  pursuant to subsection (13), subsection (14), or subsection
 1697  (15), except paragraphs (15)(e) and (o), upon any provider or
 1698  any principal, officer, director, agent, managing employee, or
 1699  affiliated person of the provider other person who is regulated
 1700  by another state entity, the agency shall notify that other
 1701  entity of the imposition of the sanction within 5 business days.
 1702  Such notification must include the provider’s or person’s name
 1703  and license number and the specific reasons for sanction.
 1704         (25)(a) The agency shall may withhold Medicaid payments, in
 1705  whole or in part, to a provider upon receipt of reliable
 1706  evidence that the circumstances giving rise to the need for a
 1707  withholding of payments involve fraud, willful
 1708  misrepresentation, or abuse under the Medicaid program, or a
 1709  crime committed while rendering goods or services to Medicaid
 1710  recipients. If it is determined that fraud, willful
 1711  misrepresentation, abuse, or a crime did not occur, the payments
 1712  withheld must be paid to the provider within 14 days after such
 1713  determination with interest at the rate of 10 percent a year.
 1714  Any money withheld in accordance with this paragraph shall be
 1715  placed in a suspended account, readily accessible to the agency,
 1716  so that any payment ultimately due the provider shall be made
 1717  within 14 days.
 1718         (b) The agency shall may deny payment, or require
 1719  repayment, if the goods or services were furnished, supervised,
 1720  or caused to be furnished by a person who has been suspended or
 1721  terminated from the Medicaid program or Medicare program by the
 1722  Federal Government or any state.
 1723         (c) Overpayments owed to the agency bear interest at the
 1724  rate of 10 percent per year from the date of determination of
 1725  the overpayment by the agency, and payment arrangements must be
 1726  made at the conclusion of legal proceedings. A provider who does
 1727  not enter into or adhere to an agreed-upon repayment schedule
 1728  may be terminated by the agency for nonpayment or partial
 1729  payment.
 1730         (d) The agency, upon entry of a final agency order, a
 1731  judgment or order of a court of competent jurisdiction, or a
 1732  stipulation or settlement, may collect the moneys owed by all
 1733  means allowable by law, including, but not limited to, notifying
 1734  any fiscal intermediary of Medicare benefits that the state has
 1735  a superior right of payment. Upon receipt of such written
 1736  notification, the Medicare fiscal intermediary shall remit to
 1737  the state the sum claimed.
 1738         (e) The agency may institute amnesty programs to allow
 1739  Medicaid providers the opportunity to voluntarily repay
 1740  overpayments. The agency may adopt rules to administer such
 1741  programs.
 1742         (27) When the Agency for Health Care Administration has
 1743  made a probable cause determination and alleged that an
 1744  overpayment to a Medicaid provider has occurred, the agency,
 1745  after notice to the provider, shall may:
 1746         (a) Withhold, and continue to withhold during the pendency
 1747  of an administrative hearing pursuant to chapter 120, any
 1748  medical assistance reimbursement payments until such time as the
 1749  overpayment is recovered, unless within 30 days after receiving
 1750  notice thereof the provider:
 1751         1. Makes repayment in full; or
 1752         2. Establishes a repayment plan that is satisfactory to the
 1753  Agency for Health Care Administration.
 1754         (b) Withhold, and continue to withhold during the pendency
 1755  of an administrative hearing pursuant to chapter 120, medical
 1756  assistance reimbursement payments if the terms of a repayment
 1757  plan are not adhered to by the provider.
 1758         (30) The agency shall may terminate a provider’s
 1759  participation in the Medicaid program if the provider fails to
 1760  reimburse an overpayment that has been determined by final
 1761  order, not subject to further appeal, within 35 days after the
 1762  date of the final order, unless the provider and the agency have
 1763  entered into a repayment agreement.
 1764         (31) If a provider requests an administrative hearing
 1765  pursuant to chapter 120, such hearing must be conducted within
 1766  90 days following assignment of an administrative law judge,
 1767  absent exceptionally good cause shown as determined by the
 1768  administrative law judge or hearing officer. Upon issuance of a
 1769  final order, the outstanding balance of the amount determined to
 1770  constitute the overpayment shall become due. If a provider fails
 1771  to make payments in full, fails to enter into a satisfactory
 1772  repayment plan, or fails to comply with the terms of a repayment
 1773  plan or settlement agreement, the agency shall may withhold
 1774  medical assistance reimbursement payments until the amount due
 1775  is paid in full.
 1776         (36) At least three times a year, the agency shall provide
 1777  to each Medicaid recipient or his or her representative an
 1778  explanation of benefits in the form of a letter that is mailed
 1779  to the most recent address of the recipient on the record with
 1780  the Department of Children and Family Services. The explanation
 1781  of benefits must include the patient’s name, the name of the
 1782  health care provider and the address of the location where the
 1783  service was provided, a description of all services billed to
 1784  Medicaid in terminology that should be understood by a
 1785  reasonable person, and information on how to report
 1786  inappropriate or incorrect billing to the agency or other law
 1787  enforcement entities for review or investigation. At least once
 1788  a year, the letter also must include information on how to
 1789  report criminal Medicaid fraud, the Medicaid Fraud Control
 1790  Unit’s toll-free hotline number, and information about the
 1791  rewards available under s. 409.9203. The explanation of benefits
 1792  may not be mailed for Medicaid independent laboratory services
 1793  as described in s. 409.905(7) or for Medicaid certified match
 1794  services as described in ss. 409.9071 and 1011.70.
 1795         (37)The agency shall post on its website a current list of
 1796  each Medicaid provider, including any principal, officer,
 1797  director, agent, managing employee, or affiliated person of the
 1798  provider, or any partner or shareholder having an ownership
 1799  interest in the provider equal to 5 percent or greater, who has
 1800  been terminated for cause from the Medicaid program or
 1801  sanctioned under this section. The list must be searchable by a
 1802  variety of search parameters and provide for the creation of
 1803  formatted lists that may be printed or imported into other
 1804  applications, including spreadsheets. The agency shall update
 1805  the list at least monthly.
 1806         (38)In order to improve the detection of health care
 1807  fraud, use technology to prevent and detect fraud, and maximize
 1808  the electronic exchange of health care fraud information, the
 1809  agency shall:
 1810         (a)Compile, maintain, and publish on its website a
 1811  detailed list of all state and federal databases that contain
 1812  health care fraud information and update the list at least
 1813  biannually;
 1814         (b)Develop a strategic plan to connect all databases that
 1815  contain health care fraud information to facilitate the
 1816  electronic exchange of health information between the agency,
 1817  the Department of Health, the Department of Law Enforcement, and
 1818  the Attorney General’s Office. The plan must include recommended
 1819  standard data formats, fraud-identification strategies, and
 1820  specifications for the technical interface between state and
 1821  federal health care fraud databases;
 1822         (c)Monitor innovations in health information technology,
 1823  specifically as it pertains to Medicaid fraud prevention and
 1824  detection; and
 1825         (d)Periodically publish policy briefs that highlight
 1826  available new technology to prevent or detect health care fraud
 1827  and projects implemented by other states, the private sector, or
 1828  the Federal Government which use technology to prevent or detect
 1829  health care fraud.
 1830         Section 18. Subsections (1) and (2) of section 409.920,
 1831  Florida Statutes, are amended, present subsections (8) and (9)
 1832  of that section are renumbered as subsections (9) and (10),
 1833  respectively, and a new subsection (8) is added to that section,
 1834  to read:
 1835         409.920 Medicaid provider fraud.—
 1836         (1) For the purposes of this section, the term:
 1837         (a) “Agency” means the Agency for Health Care
 1838  Administration.
 1839         (b) “Fiscal agent” means any individual, firm, corporation,
 1840  partnership, organization, or other legal entity that has
 1841  contracted with the agency to receive, process, and adjudicate
 1842  claims under the Medicaid program.
 1843         (c) “Item or service” includes:
 1844         1. Any particular item, device, medical supply, or service
 1845  claimed to have been provided to a recipient and listed in an
 1846  itemized claim for payment; or
 1847         2. In the case of a claim based on costs, any entry in the
 1848  cost report, books of account, or other documents supporting
 1849  such claim.
 1850         (d) “Knowingly” means that the act was done voluntarily and
 1851  intentionally and not because of mistake or accident. As used in
 1852  this section, the term “knowingly” also includes the word
 1853  “willfully” or “willful” which, as used in this section, means
 1854  that an act was committed voluntarily and purposely, with the
 1855  specific intent to do something that the law forbids, and that
 1856  the act was committed with bad purpose, either to disobey or
 1857  disregard the law.
 1858         (e)“Managed care plans” means a health insurer authorized
 1859  under chapter 624, an exclusive provider organization authorized
 1860  under chapter 627, a health maintenance organization authorized
 1861  under chapter 641, the Children’s Medical Services Network
 1862  authorized under chapter 391, a prepaid health plan authorized
 1863  under chapter 409, a provider service network authorized under
 1864  chapter 409, a minority physician network authorized under
 1865  chapter 409, and an emergency department diversion program
 1866  authorized under chapter 409 or the General Appropriations Act,
 1867  providing health care services pursuant to a contract with the
 1868  Medicaid program.
 1869         (2)(a)A person may not It is unlawful to:
 1870         1.(a) Knowingly make, cause to be made, or aid and abet in
 1871  the making of any false statement or false representation of a
 1872  material fact, by commission or omission, in any claim submitted
 1873  to the agency or its fiscal agent or a managed care plan for
 1874  payment.
 1875         2.(b) Knowingly make, cause to be made, or aid and abet in
 1876  the making of a claim for items or services that are not
 1877  authorized to be reimbursed by the Medicaid program.
 1878         3.(c) Knowingly charge, solicit, accept, or receive
 1879  anything of value, other than an authorized copayment from a
 1880  Medicaid recipient, from any source in addition to the amount
 1881  legally payable for an item or service provided to a Medicaid
 1882  recipient under the Medicaid program or knowingly fail to credit
 1883  the agency or its fiscal agent for any payment received from a
 1884  third-party source.
 1885         4.(d) Knowingly make or in any way cause to be made any
 1886  false statement or false representation of a material fact, by
 1887  commission or omission, in any document containing items of
 1888  income and expense that is or may be used by the agency to
 1889  determine a general or specific rate of payment for an item or
 1890  service provided by a provider.
 1891         5.(e) Knowingly solicit, offer, pay, or receive any
 1892  remuneration, including any kickback, bribe, or rebate, directly
 1893  or indirectly, overtly or covertly, in cash or in kind, in
 1894  return for referring an individual to a person for the
 1895  furnishing or arranging for the furnishing of any item or
 1896  service for which payment may be made, in whole or in part,
 1897  under the Medicaid program, or in return for obtaining,
 1898  purchasing, leasing, ordering, or arranging for or recommending,
 1899  obtaining, purchasing, leasing, or ordering any goods, facility,
 1900  item, or service, for which payment may be made, in whole or in
 1901  part, under the Medicaid program.
 1902         6.(f) Knowingly submit false or misleading information or
 1903  statements to the Medicaid program for the purpose of being
 1904  accepted as a Medicaid provider.
 1905         7.(g) Knowingly use or endeavor to use a Medicaid
 1906  provider’s identification number or a Medicaid recipient’s
 1907  identification number to make, cause to be made, or aid and abet
 1908  in the making of a claim for items or services that are not
 1909  authorized to be reimbursed by the Medicaid program.
 1910         (b)1. A person who violates this subsection and receives or
 1911  endeavors to receive anything of value of:
 1912         a.Ten thousand dollars or less commits a felony of the
 1913  third degree, punishable as provided in s. 775.082, s. 775.083,
 1914  or s. 775.084.
 1915         b.More than $10,000, but less than $50,000, commits a
 1916  felony of the second degree, punishable as provided in s.
 1917  775.082, s. 775.083, or s. 775.084.
 1918         c.Fifty thousand dollars or more commits a felony of the
 1919  first degree, punishable as provided in s. 775.082, s. 775.083,
 1920  or s. 775.084.
 1921         2.The value of separate funds, goods, or services that a
 1922  person received or attempted to receive pursuant to a scheme or
 1923  course of conduct may be aggregated in determining the degree of
 1924  the offense.
 1925         3.In addition to the sentence authorized by law, a person
 1926  who is convicted of a violation of this subsection shall pay a
 1927  fine in an amount equal to five times the pecuniary gain
 1928  unlawfully received or the loss incurred by the Medicaid program
 1929  or managed care organization, whichever is greater.
 1930         (8)A person who provides the state, any state agency, any
 1931  of the state’s political subdivisions, or any agency of the
 1932  state’s political subdivisions with information about fraud or
 1933  suspected fraud by a Medicaid provider, including a managed care
 1934  organization, is immune from civil liability for providing the
 1935  information unless the person acted with knowledge that the
 1936  information was false or with reckless disregard for the truth
 1937  or falsity of the information.
 1938         Section 19. Section 409.9203, Florida Statutes, is created
 1939  to read:
 1940         409.9203Rewards for reporting Medicaid fraud.—
 1941         (1)The Department of Law Enforcement or director of the
 1942  Medicaid Fraud Control Unit shall, subject to availability of
 1943  funds, pay a reward to a person who furnishes original
 1944  information relating to and reports a violation of the state’s
 1945  Medicaid fraud laws, unless the person declines the reward, if
 1946  the information and report:
 1947         (a)Is made to the Office of the Attorney General, the
 1948  Agency for Health Care Administration, the Department of Health,
 1949  or the Department of Law Enforcement;
 1950         (b)Relates to criminal fraud upon Medicaid funds or a
 1951  criminal violation of Medicaid laws by another person; and
 1952         (c)Leads to a recovery of a fine, penalty, or forfeiture
 1953  of property.
 1954         (2)The reward may not exceed the lesser of 25 percent of
 1955  the amount recovered or $500,000 in a single case.
 1956         (3)The reward shall be paid from the Legal Affairs
 1957  Revolving Trust Fund from moneys collected pursuant to s.
 1958  68.085.
 1959         (4)A person who receives a reward pursuant to this section
 1960  is not eligible to receive any funds pursuant to the Florida
 1961  False Claims Act for Medicaid fraud for which a reward is
 1962  received pursuant to this section.
 1963         Section 20. Subsection (11) is added to section 456.004,
 1964  Florida Statutes, to read:
 1965         456.004 Department; powers and duties.—The department, for
 1966  the professions under its jurisdiction, shall:
 1967         (11)Work cooperatively with the Agency for Health Care
 1968  Administration and the judicial system to recover Medicaid
 1969  overpayments by the Medicaid program. The department shall
 1970  investigate and prosecute health care practitioners who have not
 1971  remitted amounts owed to the state for an overpayment from the
 1972  Medicaid program pursuant to a final order, judgment, or
 1973  stipulation or settlement.
 1974         Section 21. Present subsections (6) through (10) of section
 1975  456.041, Florida Statutes, are renumbered as subsections (7)
 1976  through (11), respectively, and a new subsection (6) is added to
 1977  that section, to read:
 1978         456.041 Practitioner profile; creation.—
 1979         (6)The Department of Health shall provide in each
 1980  practitioner profile for every physician or advanced registered
 1981  nurse practitioner terminated for cause from participating in
 1982  the Medicaid program, pursuant to s. 409.913, or sanctioned by
 1983  the Medicaid program a statement that the practitioner has been
 1984  terminated from participating in the Florida Medicaid program or
 1985  sanctioned by the Medicaid program.
 1986         Section 22. Paragraph (o) of subsection (3) of section
 1987  456.053, Florida Statutes, is amended to read:
 1988         456.053 Financial arrangements between referring health
 1989  care providers and providers of health care services.—
 1990         (3) DEFINITIONS.—For the purpose of this section, the word,
 1991  phrase, or term:
 1992         (o) “Referral” means any referral of a patient by a health
 1993  care provider for health care services, including, without
 1994  limitation:
 1995         1. The forwarding of a patient by a health care provider to
 1996  another health care provider or to an entity which provides or
 1997  supplies designated health services or any other health care
 1998  item or service; or
 1999         2. The request or establishment of a plan of care by a
 2000  health care provider, which includes the provision of designated
 2001  health services or other health care item or service.
 2002         3. The following orders, recommendations, or plans of care
 2003  shall not constitute a referral by a health care provider:
 2004         a. By a radiologist for diagnostic-imaging services.
 2005         b. By a physician specializing in the provision of
 2006  radiation therapy services for such services.
 2007         c. By a medical oncologist for drugs and solutions to be
 2008  prepared and administered intravenously to such oncologist’s
 2009  patient, as well as for the supplies and equipment used in
 2010  connection therewith to treat such patient for cancer and the
 2011  complications thereof.
 2012         d. By a cardiologist for cardiac catheterization services.
 2013         e. By a pathologist for diagnostic clinical laboratory
 2014  tests and pathological examination services, if furnished by or
 2015  under the supervision of such pathologist pursuant to a
 2016  consultation requested by another physician.
 2017         f. By a health care provider who is the sole provider or
 2018  member of a group practice for designated health services or
 2019  other health care items or services that are prescribed or
 2020  provided solely for such referring health care provider’s or
 2021  group practice’s own patients, and that are provided or
 2022  performed by or under the direct supervision of such referring
 2023  health care provider or group practice; provided, however, that
 2024  effective July 1, 1999, a physician licensed pursuant to chapter
 2025  458, chapter 459, chapter 460, or chapter 461 may refer a
 2026  patient to a sole provider or group practice for diagnostic
 2027  imaging services, excluding radiation therapy services, for
 2028  which the sole provider or group practice billed both the
 2029  technical and the professional fee for or on behalf of the
 2030  patient, if the referring physician has no investment interest
 2031  in the practice. The diagnostic imaging service referred to a
 2032  group practice or sole provider must be a diagnostic imaging
 2033  service normally provided within the scope of practice to the
 2034  patients of the group practice or sole provider. The group
 2035  practice or sole provider may accept no more than 15 percent of
 2036  their patients receiving diagnostic imaging services from
 2037  outside referrals, excluding radiation therapy services.
 2038         g. By a health care provider for services provided by an
 2039  ambulatory surgical center licensed under chapter 395.
 2040         h. By a urologist for lithotripsy services.
 2041         i. By a dentist for dental services performed by an
 2042  employee of or health care provider who is an independent
 2043  contractor with the dentist or group practice of which the
 2044  dentist is a member.
 2045         j. By a physician for infusion therapy services to a
 2046  patient of that physician or a member of that physician’s group
 2047  practice.
 2048         k. By a nephrologist for renal dialysis services and
 2049  supplies, except laboratory services.
 2050         l. By a health care provider whose principal professional
 2051  practice consists of treating patients in their private
 2052  residences for services to be rendered in such private
 2053  residences, except for services rendered by a home health agency
 2054  licensed under chapter 400. For purposes of this sub
 2055  subparagraph, the term “private residences” includes patient’s
 2056  private homes, independent living centers, and assisted living
 2057  facilities, but does not include skilled nursing facilities.
 2058         m. By a health care provider for sleep related testing.
 2059         Section 23. Section 456.0635, Florida Statutes, is created
 2060  to read:
 2061         456.0635Medicaid fraud; disqualification for license,
 2062  certificate, or registration.—
 2063         (1)Medicaid fraud in the practice of a health care
 2064  profession is prohibited.
 2065         (2)Each board within the jurisdiction of the department,
 2066  or the department if there is no board, shall refuse to admit a
 2067  candidate to any examination and refuse to issue or renew a
 2068  license, certificate, or registration to any applicant if the
 2069  candidate or applicant or any principle, officer, agent,
 2070  managing employee, or affiliated person of the applicant, has
 2071  been:
 2072         (a)Convicted of, or entered a plea of guilty or nolo
 2073  contendere to, regardless of adjudication, a felony under
 2074  chapter 409, chapter 817, chapter 893, 21 U.S.C. ss. 801-970, or
 2075  42 U.S.C. ss. 1395-1396, unless the sentence and any subsequent
 2076  period of probation for such conviction or pleas ended more than
 2077  fifteen years prior to the date of the application;
 2078         (b) Terminated for cause from the Florida Medicaid program
 2079  pursuant to s. 409.913, unless the applicant has been in good
 2080  standing with the Florida Medicaid program for the most recent
 2081  five years;
 2082         (c)Terminated for cause, pursuant to the appeals
 2083  procedures established by the state or Federal Government, from
 2084  any other state Medicaid program or the federal Medicare
 2085  program, unless the applicant has been in good standing with a
 2086  state Medicaid program or the federal Medicare program for the
 2087  most recent five years and the termination occurred at least 20
 2088  years prior to the date of the application.
 2089         (3)Licensed health care practitioners shall report
 2090  allegations of Medicaid fraud to the department, regardless of
 2091  the practice setting in which the alleged Medicaid fraud
 2092  occurred.
 2093         (4)The acceptance by a licensing authority of a
 2094  candidate’s relinquishment of a license which is offered in
 2095  response to or anticipation of the filing of administrative
 2096  charges alleging Medicaid fraud or similar charges constitutes
 2097  the permanent revocation of the license.
 2098         Section 24. Paragraphs (ii), (jj), (kk), and (ll) are added
 2099  to subsection (1) of section 456.072, Florida Statutes, to read:
 2100         456.072 Grounds for discipline; penalties; enforcement.—
 2101         (1) The following acts shall constitute grounds for which
 2102  the disciplinary actions specified in subsection (2) may be
 2103  taken:
 2104         (ii)Being convicted of, or entering a plea of guilty or
 2105  nolo contendere to, any misdemeanor or felony, regardless of
 2106  adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s.
 2107  1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518,
 2108  or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
 2109         (jj)Failing to remit the sum owed to the state for an
 2110  overpayment from the Medicaid program pursuant to a final order,
 2111  judgment, or stipulation or settlement.
 2112         (kk)Being terminated from the state Medicaid program
 2113  pursuant to s. 409.913, any other state Medicaid program, or the
 2114  federal Medicare program, unless eligibility to participate in
 2115  the program from which the practitioner was terminated has been
 2116  restored.
 2117         (ll)Being convicted of, or entering a plea of guilty or
 2118  nolo contendere to, any misdemeanor or felony, regardless of
 2119  adjudication, a crime in any jurisdiction which relates to
 2120  health care fraud.
 2121         Section 25. Subsection (1) of section 456.074, Florida
 2122  Statutes, is amended to read:
 2123         456.074 Certain health care practitioners; immediate
 2124  suspension of license.—
 2125         (1) The department shall issue an emergency order
 2126  suspending the license of any person licensed under chapter 458,
 2127  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 2128  chapter 464, chapter 465, chapter 466, or chapter 484 who pleads
 2129  guilty to, is convicted or found guilty of, or who enters a plea
 2130  of nolo contendere to, regardless of adjudication, to:
 2131         (a) A felony under chapter 409, chapter 817, or chapter 893
 2132  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396;
 2133  or.
 2134         (b)A misdemeanor or felony under 18 U.S.C. s. 669, ss.
 2135  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
 2136  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
 2137  Medicaid program.
 2138         Section 26. Subsections (2) and (3) of section 465.022,
 2139  Florida Statutes, are amended, present subsections (4), (5),
 2140  (6), and (7) of that section are renumbered as subsections (5),
 2141  (6), (7), and (8), respectively, and a new subsection (4) is
 2142  added to that section, to read:
 2143         465.022 Pharmacies; general requirements; fees.—
 2144         (2) A pharmacy permit shall be issued only to a person who
 2145  is at least 18 years of age, a partnership whose partners are
 2146  all at least 18 years of age, or to a corporation that which is
 2147  registered pursuant to chapter 607 or chapter 617 whose
 2148  officers, directors, and shareholders are at least 18 years of
 2149  age.
 2150         (3) Any person, partnership, or corporation before engaging
 2151  in the operation of a pharmacy shall file with the board a sworn
 2152  application on forms provided by the department.
 2153         (a)An application for a pharmacy permit must include a set
 2154  of fingerprints from each person having an ownership interest of
 2155  5 percent or greater and from any person who, directly or
 2156  indirectly, manages, oversees, or controls the operation of the
 2157  applicant, including officers and members of the board of
 2158  directors of an applicant that is a corporation. The applicant
 2159  must provide payment in the application for the cost of state
 2160  and national criminal history records checks.
 2161         1.For corporations having more than $100 million of
 2162  business taxable assets in this state, in lieu of these
 2163  fingerprint requirements, the department shall require the
 2164  prescription department manager who will be directly involved in
 2165  the management and operation of the pharmacy to submit a set of
 2166  fingerprints.
 2167         2.A representative of a corporation described in
 2168  subparagraph 1. satisfies the requirement to submit a set of his
 2169  or her fingerprints if the fingerprints are on file with the
 2170  department or the Agency for Health Care Administration, meet
 2171  the fingerprint specifications for submission by the Department
 2172  of Law Enforcement, and are available to the department.
 2173         (b)The department shall submit the fingerprints provided
 2174  by the applicant to the Department of Law Enforcement for a
 2175  state criminal history records check. The Department of Law
 2176  Enforcement shall forward the fingerprints to the Federal Bureau
 2177  of Investigation for a national criminal history records check.
 2178         (4)The department or board shall deny an application for a
 2179  pharmacy permit if the applicant or an affiliated person,
 2180  partner, officer, director, or prescription department manager
 2181  of the applicant has:
 2182         (a)Obtained a permit by misrepresentation or fraud;
 2183         (b)Attempted to procure, or has procured, a permit for any
 2184  other person by making, or causing to be made, any false
 2185  representation;
 2186         (c)Been convicted of, or entered a plea of guilty or nolo
 2187  contendere to, regardless of adjudication, a crime in any
 2188  jurisdiction which relates to the practice of, or the ability to
 2189  practice, the profession of pharmacy;
 2190         (d)Been convicted of, or entered a plea of guilty or nolo
 2191  contendere to, regardless of adjudication, a crime in any
 2192  jurisdiction which relates to health care fraud;
 2193         (e)Been terminated for cause, pursuant to the appeals
 2194  procedures established by the state or Federal Government, from
 2195  any state Medicaid program or the federal Medicare program,
 2196  unless the applicant has been in good standing with a state
 2197  Medicaid program or the federal Medicare program for the most
 2198  recent five years and the termination occurred at least 20 years
 2199  ago; or
 2200         (f)Dispensed any medicinal drug based upon a communication
 2201  that purports to be a prescription as defined by s. 465.003(14)
 2202  or s. 893.02 when the pharmacist knows or has reason to believe
 2203  that the purported prescription is not based upon a valid
 2204  practitioner-patient relationship that includes a documented
 2205  patient evaluation, including history and a physical examination
 2206  adequate to establish the diagnosis for which any drug is
 2207  prescribed and any other requirement established by board rule
 2208  under chapter 458, chapter 459, chapter 461, chapter 463,
 2209  chapter 464, or chapter 466.
 2210         Section 27. Subsection (1) of section 465.023, Florida
 2211  Statutes, is amended to read:
 2212         465.023 Pharmacy permittee; disciplinary action.—
 2213         (1) The department or the board may revoke or suspend the
 2214  permit of any pharmacy permittee, and may fine, place on
 2215  probation, or otherwise discipline any pharmacy permittee if the
 2216  permittee, or any affiliated person, partner, officer, director,
 2217  or agent of the permittee, including a person fingerprinted
 2218  under s. 465.022(3), who has:
 2219         (a) Obtained a permit by misrepresentation or fraud or
 2220  through an error of the department or the board;
 2221         (b) Attempted to procure, or has procured, a permit for any
 2222  other person by making, or causing to be made, any false
 2223  representation;
 2224         (c) Violated any of the requirements of this chapter or any
 2225  of the rules of the Board of Pharmacy; of chapter 499, known as
 2226  the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392,
 2227  known as the “Federal Food, Drug, and Cosmetic Act”; of 21
 2228  U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
 2229  Prevention and Control Act; or of chapter 893;
 2230         (d) Been convicted or found guilty, regardless of
 2231  adjudication, of a felony or any other crime involving moral
 2232  turpitude in any of the courts of this state, of any other
 2233  state, or of the United States; or
 2234         (e)Been convicted or disciplined by a regulatory agency of
 2235  the Federal Government or a regulatory agency of another state
 2236  for any offense that would constitute a violation of this
 2237  chapter;
 2238         (f)Been convicted of, or entered a plea of guilty or nolo
 2239  contendere to, regardless of adjudication, a crime in any
 2240  jurisdiction which relates to the practice of, or the ability to
 2241  practice, the profession of pharmacy;
 2242         (g)Been convicted of, or entered a plea of guilty or nolo
 2243  contendere to, regardless of adjudication, a crime in any
 2244  jurisdiction which relates to health care fraud; or
 2245         (h)(e) Dispensed any medicinal drug based upon a
 2246  communication that purports to be a prescription as defined by
 2247  s. 465.003(14) or s. 893.02 when the pharmacist knows or has
 2248  reason to believe that the purported prescription is not based
 2249  upon a valid practitioner-patient relationship that includes a
 2250  documented patient evaluation, including history and a physical
 2251  examination adequate to establish the diagnosis for which any
 2252  drug is prescribed and any other requirement established by
 2253  board rule under chapter 458, chapter 459, chapter 461, chapter
 2254  463, chapter 464, or chapter 466.
 2255         Section 28. Section 825.103, Florida Statutes, is amended
 2256  to read:
 2257         825.103 Exploitation of an elderly person or disabled
 2258  adult; penalties.—
 2259         (1) “Exploitation of an elderly person or disabled adult”
 2260  means:
 2261         (a) Knowingly, by deception or intimidation, obtaining or
 2262  using, or endeavoring to obtain or use, an elderly person’s or
 2263  disabled adult’s funds, assets, or property with the intent to
 2264  temporarily or permanently deprive the elderly person or
 2265  disabled adult of the use, benefit, or possession of the funds,
 2266  assets, or property, or to benefit someone other than the
 2267  elderly person or disabled adult, by a person who:
 2268         1. Stands in a position of trust and confidence with the
 2269  elderly person or disabled adult; or
 2270         2. Has a business relationship with the elderly person or
 2271  disabled adult; or
 2272         (b) Obtaining or using, endeavoring to obtain or use, or
 2273  conspiring with another to obtain or use an elderly person’s or
 2274  disabled adult’s funds, assets, or property with the intent to
 2275  temporarily or permanently deprive the elderly person or
 2276  disabled adult of the use, benefit, or possession of the funds,
 2277  assets, or property, or to benefit someone other than the
 2278  elderly person or disabled adult, by a person who knows or
 2279  reasonably should know that the elderly person or disabled adult
 2280  lacks the capacity to consent; or.
 2281         (c)Breach of a fiduciary duty to an elderly person or
 2282  disabled adult by the person’s guardian or agent under a power
 2283  of attorney which results in an unauthorized appropriation,
 2284  sale, or transfer of property.
 2285         (2)(a) If the funds, assets, or property involved in the
 2286  exploitation of the elderly person or disabled adult is valued
 2287  at $100,000 or more, the offender commits a felony of the first
 2288  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2289  775.084.
 2290         (b) If the funds, assets, or property involved in the
 2291  exploitation of the elderly person or disabled adult is valued
 2292  at $20,000 or more, but less than $100,000, the offender commits
 2293  a felony of the second degree, punishable as provided in s.
 2294  775.082, s. 775.083, or s. 775.084.
 2295         (c) If the funds, assets, or property involved in the
 2296  exploitation of an elderly person or disabled adult is valued at
 2297  less than $20,000, the offender commits a felony of the third
 2298  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2299  775.084.
 2300         Section 29. Paragraphs (g) and (i) of subsection (3) of
 2301  section 921.0022, Florida Statutes, are amended to read:
 2302         921.0022 Criminal Punishment Code; offense severity ranking
 2303  chart.—
 2304         (3) OFFENSE SEVERITY RANKING CHART
 2305         (g) LEVEL 7
 2306  FloridaStatute     FelonyDegree               Description               
 2307  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
 2308  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
 2309  316.1935(3)(b)     1st      Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 2310  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
 2311  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2312  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
 2313  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
 2314  456.065(2)         3rd      Practicing a health care profession without a license.
 2315  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
 2316  458.327(1)         3rd      Practicing medicine without a license.   
 2317  459.013(1)         3rd      Practicing osteopathic medicine without a license.
 2318  460.411(1)         3rd      Practicing chiropractic medicine without a license.
 2319  461.012(1)         3rd      Practicing podiatric medicine without a license.
 2320  462.17             3rd      Practicing naturopathy without a license.
 2321  463.015(1)         3rd      Practicing optometry without a license.  
 2322  464.016(1)         3rd      Practicing nursing without a license.    
 2323  465.015(2)         3rd      Practicing pharmacy without a license.   
 2324  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
 2325  467.201            3rd      Practicing midwifery without a license.  
 2326  468.366            3rd      Delivering respiratory care services without a license.
 2327  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
 2328  483.901(9)         3rd      Practicing medical physics without a license.
 2329  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
 2330  484.053            3rd      Dispensing hearing aids without a license.
 2331  494.0018(2)        1st      Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2332  560.123(8)(b)1.    3rd      Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2333  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2334  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2335  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
 2336  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
 2337  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2338  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2339  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2340  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2341  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2342  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2343  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
 2344  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
 2345  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
 2346  784.048(7)         3rd      Aggravated stalking; violation of court order.
 2347  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
 2348  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
 2349  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
 2350  784.081(1)         1st      Aggravated battery on specified official or employee.
 2351  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
 2352  784.083(1)         1st      Aggravated battery on code inspector.    
 2353  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2354  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
 2355  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
 2356  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2357  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2358  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2359  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2360  794.08(4)          3rd      Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2361  796.03             2nd      Procuring any person under 16 years for prostitution.
 2362  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 2363  800.04(5)(c)2.     2nd      Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
 2364  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
 2365  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
 2366  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2367  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
 2368  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
 2369  812.014(2)(a)1.    1st      Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2370  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2371  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
 2372  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
 2373  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
 2374  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2375  812.131(2)(a)      2nd      Robbery by sudden snatching.             
 2376  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
 2377  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
 2378  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
 2379  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
 2380  817.2341(2)(b) & (3)(b)1st      Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2381  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2382  825.103(2)(b)      2nd      Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
 2383  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
 2384  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
 2385  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
 2386  838.015            2nd      Bribery.                                 
 2387  838.016            2nd      Unlawful compensation or reward for official behavior.
 2388  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
 2389  838.22             2nd      Bid tampering.                           
 2390  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2391  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
 2392  872.06             2nd      Abuse of a dead human body.              
 2393  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2394  893.13(1)(c)1.     1st      Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2395  893.13(1)(e)1.     1st      Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2396  893.13(4)(a)       1st      Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2397  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2398  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2399  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2400  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2401  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2402  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2403  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2404  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2405  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2406  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2407  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
 2408  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
 2409  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2410  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2411  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2412  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
 2413  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2414  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
 2415  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
 2416  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
 2417  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2418  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
 2419  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
 2420  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2421  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
 2422         (i) LEVEL 9
 2423  FloridaStatute     FelonyDegree       Description        
 2424  316.193(3)(c)3.b.  1st      DUI manslaughter; failing to render aid or give information.
 2425  327.35(3)(c)3.b.            1st                       BUI manslaughter; failing to render aid or give information.
 2426  409.920(2)(b)1.c.           1st                       Medicaid provider fraud; $50,000 or more.
 2427  499.0051(9)        1st                               Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2428  560.123(8)(b)3.    1st      Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2429  560.125(5)(c)      1st      Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2430  655.50(10)(b)3.    1st      Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2431  775.0844           1st      Aggravated white collar crime.
 2432  782.04(1)          1st      Attempt, conspire, or solicit to commit premeditated murder.
 2433  782.04(3)          1st,PBL  Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
 2434  782.051(1)         1st      Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2435  782.07(2)          1st      Aggravated manslaughter of an elderly person or disabled adult.
 2436  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or reward or as a shield or hostage.
 2437  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit or facilitate commission of any felony.
 2438  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to interfere with performance of any governmental or political function.
 2439  787.02(3)(a)       1st      False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2440  790.161            1st      Attempted capital destructive device offense.
 2441  790.166(2)         1st,PBL  Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2442  794.011(2)         1st      Attempted sexual battery; victim less than 12 years of age.
 2443  794.011(2)         Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2444  794.011(4)         1st      Sexual battery; victim 12 years or older, certain circumstances.
 2445  794.011(8)(b)      1st      Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 2446  794.08(2)          1st      Female genital mutilation; victim younger than 18 years of age.
 2447  800.04(5)(b)       Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2448  812.13(2)(a)       1st,PBL  Robbery with firearm or other deadly weapon.
 2449  812.133(2)(a)      1st,PBL  Carjacking; firearm or other deadly weapon.
 2450  812.135(2)(b)      1st      Home-invasion robbery with weapon.
 2451  817.568(7)         2nd,PBL  Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 2452  827.03(2)          1st      Aggravated child abuse.   
 2453  847.0145(1)        1st      Selling, or otherwise transferring custody or control, of a minor.
 2454  847.0145(2)        1st      Purchasing, or otherwise obtaining custody or control, of a minor.
 2455  859.01             1st      Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 2456  893.135            1st      Attempted capital trafficking offense.
 2457  893.135(1)(a)3.    1st      Trafficking in cannabis, more than 10,000 lbs.
 2458  893.135(1)(b)1.c.  1st      Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2459  893.135(1)(c)1.c.  1st      Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 2460  893.135(1)(d)1.c.  1st      Trafficking in phencyclidine, more than 400 grams.
 2461  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more than 25 kilograms.
 2462  893.135(1)(f)1.c.  1st      Trafficking in amphetamine, more than 200 grams.
 2463  893.135(1)(h)1.c.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2464  893.135(1)(j)1.c.  1st      Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2465  893.135(1)(k)2.c.  1st      Trafficking in Phenethylamines, 400 grams or more.
 2466  896.101(5)(c)      1st      Money laundering, financial instruments totaling or exceeding $100,000.
 2467  896.104(4)(a)3.    1st      Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2468         Section 30. Pilot project to monitor home health services.
 2469  The Agency for Health Care Administration shall develop and
 2470  implement a home health agency monitoring pilot project in
 2471  Miami-Dade County by January 1, 2010. The agency shall contract
 2472  with a vendor to verify the utilization and delivery of home
 2473  health services and provide an electronic billing interface for
 2474  home health services. The contract must require the creation of
 2475  a program to submit claims electronically for the delivery of
 2476  home health services. The program must verify telephonically
 2477  visits for the delivery of home health services using voice
 2478  biometrics. The agency may seek amendments to the Medicaid state
 2479  plan and waivers of federal laws, as necessary, to implement the
 2480  pilot project. Notwithstanding s. 287.057(5)(f), Florida
 2481  Statutes, the agency must award the contract through the
 2482  competitive solicitation process. The agency shall submit a
 2483  report to the Governor, the President of the Senate, and the
 2484  Speaker of the House of Representatives evaluating the pilot
 2485  project by February 1, 2011.
 2486         Section 31. Pilot project for home health care management.
 2487  The Agency for Health Care Administration shall implement a
 2488  comprehensive care management pilot project for home health
 2489  services by January 1, 2010, which includes face-to-face
 2490  assessments by a nurse licensed pursuant to chapter 464, Florida
 2491  Statutes, consultation with physicians ordering services to
 2492  substantiate the medical necessity for services, and on-site or
 2493  desk reviews of recipients medical records in Miami-Dade
 2494  County. The agency may enter into a contract with a qualified
 2495  organization to implement the pilot project. The agency may seek
 2496  amendments to the Medicaid state plan and waivers of federal
 2497  laws, as necessary, to implement the pilot project.
 2498         Section 32. Subsection (6) of section 400.0077, Florida
 2499  Statutes, is amended to read:
 2500         400.0077 Confidentiality.—
 2501         (6) This section does not limit the subpoena power of the
 2502  Attorney General pursuant to s. 409.920(10)(b) s. 409.920(9)(b).
 2503         Section 33. Subsection (2) of section 430.608, Florida
 2504  Statutes, is amended to read:
 2505         430.608 Confidentiality of information.—
 2506         (2) This section does not, however, limit the subpoena
 2507  authority of the Medicaid Fraud Control Unit of the Department
 2508  of Legal Affairs pursuant to s. 409.920(10)(b) s. 409.920(9)(b).
 2509         Section 34. Section 395.0199, Florida Statutes, is
 2510  repealed.
 2511         Section 35. Section 395.405, Florida Statutes, is amended
 2512  to read:
 2513         395.405 Rulemaking.—The department shall adopt and enforce
 2514  all rules necessary to administer ss. 395.0199, 395.401,
 2515  395.4015, 395.402, 395.4025, 395.403, 395.404, and 395.4045.
 2516         Section 36. Subsection (1) of section 400.0712, Florida
 2517  Statutes, is amended to read:
 2518         400.0712 Application for inactive license.—
 2519         (1) As specified in s. 408.831(4) and this section, the
 2520  agency may issue an inactive license to a nursing home facility
 2521  for all or a portion of its beds. Any request by a licensee that
 2522  a nursing home or portion of a nursing home become inactive must
 2523  be submitted to the agency in the approved format. The facility
 2524  may not initiate any suspension of services, notify residents,
 2525  or initiate inactivity before receiving approval from the
 2526  agency; and a licensee that violates this provision may not be
 2527  issued an inactive license.
 2528         Section 37. Subsection (2) of section 400.118, Florida
 2529  Statutes, is repealed.
 2530         Section 38. Section 400.141, Florida Statutes, is amended
 2531  to read:
 2532         400.141 Administration and management of nursing home
 2533  facilities.—
 2534         (1) Every licensed facility shall comply with all
 2535  applicable standards and rules of the agency and shall:
 2536         (a)(1) Be under the administrative direction and charge of
 2537  a licensed administrator.
 2538         (b)(2) Appoint a medical director licensed pursuant to
 2539  chapter 458 or chapter 459. The agency may establish by rule
 2540  more specific criteria for the appointment of a medical
 2541  director.
 2542         (c)(3) Have available the regular, consultative, and
 2543  emergency services of physicians licensed by the state.
 2544         (d)(4) Provide for resident use of a community pharmacy as
 2545  specified in s. 400.022(1)(q). Any other law to the contrary
 2546  notwithstanding, a registered pharmacist licensed in Florida,
 2547  that is under contract with a facility licensed under this
 2548  chapter or chapter 429, shall repackage a nursing facility
 2549  resident’s bulk prescription medication which has been packaged
 2550  by another pharmacist licensed in any state in the United States
 2551  into a unit dose system compatible with the system used by the
 2552  nursing facility, if the pharmacist is requested to offer such
 2553  service. In order to be eligible for the repackaging, a resident
 2554  or the resident’s spouse must receive prescription medication
 2555  benefits provided through a former employer as part of his or
 2556  her retirement benefits, a qualified pension plan as specified
 2557  in s. 4972 of the Internal Revenue Code, a federal retirement
 2558  program as specified under 5 C.F.R. s. 831, or a long-term care
 2559  policy as defined in s. 627.9404(1). A pharmacist who correctly
 2560  repackages and relabels the medication and the nursing facility
 2561  which correctly administers such repackaged medication under the
 2562  provisions of this paragraph may subsection shall not be held
 2563  liable in any civil or administrative action arising from the
 2564  repackaging. In order to be eligible for the repackaging, a
 2565  nursing facility resident for whom the medication is to be
 2566  repackaged shall sign an informed consent form provided by the
 2567  facility which includes an explanation of the repackaging
 2568  process and which notifies the resident of the immunities from
 2569  liability provided in this paragraph herein. A pharmacist who
 2570  repackages and relabels prescription medications, as authorized
 2571  under this paragraph subsection, may charge a reasonable fee for
 2572  costs resulting from the implementation of this provision.
 2573         (e)(5) Provide for the access of the facility residents to
 2574  dental and other health-related services, recreational services,
 2575  rehabilitative services, and social work services appropriate to
 2576  their needs and conditions and not directly furnished by the
 2577  licensee. When a geriatric outpatient nurse clinic is conducted
 2578  in accordance with rules adopted by the agency, outpatients
 2579  attending such clinic shall not be counted as part of the
 2580  general resident population of the nursing home facility, nor
 2581  shall the nursing staff of the geriatric outpatient clinic be
 2582  counted as part of the nursing staff of the facility, until the
 2583  outpatient clinic load exceeds 15 a day.
 2584         (f)(6) Be allowed and encouraged by the agency to provide
 2585  other needed services under certain conditions. If the facility
 2586  has a standard licensure status, and has had no class I or class
 2587  II deficiencies during the past 2 years or has been awarded a
 2588  Gold Seal under the program established in s. 400.235, it may be
 2589  encouraged by the agency to provide services, including, but not
 2590  limited to, respite and adult day services, which enable
 2591  individuals to move in and out of the facility. A facility is
 2592  not subject to any additional licensure requirements for
 2593  providing these services. Respite care may be offered to persons
 2594  in need of short-term or temporary nursing home services.
 2595  Respite care must be provided in accordance with this part and
 2596  rules adopted by the agency. However, the agency shall, by rule,
 2597  adopt modified requirements for resident assessment, resident
 2598  care plans, resident contracts, physician orders, and other
 2599  provisions, as appropriate, for short-term or temporary nursing
 2600  home services. The agency shall allow for shared programming and
 2601  staff in a facility which meets minimum standards and offers
 2602  services pursuant to this paragraph subsection, but, if the
 2603  facility is cited for deficiencies in patient care, may require
 2604  additional staff and programs appropriate to the needs of
 2605  service recipients. A person who receives respite care may not
 2606  be counted as a resident of the facility for purposes of the
 2607  facility’s licensed capacity unless that person receives 24-hour
 2608  respite care. A person receiving either respite care for 24
 2609  hours or longer or adult day services must be included when
 2610  calculating minimum staffing for the facility. Any costs and
 2611  revenues generated by a nursing home facility from
 2612  nonresidential programs or services shall be excluded from the
 2613  calculations of Medicaid per diems for nursing home
 2614  institutional care reimbursement.
 2615         (g)(7) If the facility has a standard license or is a Gold
 2616  Seal facility, exceeds the minimum required hours of licensed
 2617  nursing and certified nursing assistant direct care per resident
 2618  per day, and is part of a continuing care facility licensed
 2619  under chapter 651 or a retirement community that offers other
 2620  services pursuant to part III of this chapter or part I or part
 2621  III of chapter 429 on a single campus, be allowed to share
 2622  programming and staff. At the time of inspection and in the
 2623  semiannual report required pursuant to paragraph (o) subsection
 2624  (15), a continuing care facility or retirement community that
 2625  uses this option must demonstrate through staffing records that
 2626  minimum staffing requirements for the facility were met.
 2627  Licensed nurses and certified nursing assistants who work in the
 2628  nursing home facility may be used to provide services elsewhere
 2629  on campus if the facility exceeds the minimum number of direct
 2630  care hours required per resident per day and the total number of
 2631  residents receiving direct care services from a licensed nurse
 2632  or a certified nursing assistant does not cause the facility to
 2633  violate the staffing ratios required under s. 400.23(3)(a).
 2634  Compliance with the minimum staffing ratios shall be based on
 2635  total number of residents receiving direct care services,
 2636  regardless of where they reside on campus. If the facility
 2637  receives a conditional license, it may not share staff until the
 2638  conditional license status ends. This paragraph subsection does
 2639  not restrict the agency’s authority under federal or state law
 2640  to require additional staff if a facility is cited for
 2641  deficiencies in care which are caused by an insufficient number
 2642  of certified nursing assistants or licensed nurses. The agency
 2643  may adopt rules for the documentation necessary to determine
 2644  compliance with this provision.
 2645         (h)(8) Maintain the facility premises and equipment and
 2646  conduct its operations in a safe and sanitary manner.
 2647         (i)(9) If the licensee furnishes food service, provide a
 2648  wholesome and nourishing diet sufficient to meet generally
 2649  accepted standards of proper nutrition for its residents and
 2650  provide such therapeutic diets as may be prescribed by attending
 2651  physicians. In making rules to implement this paragraph
 2652  subsection, the agency shall be guided by standards recommended
 2653  by nationally recognized professional groups and associations
 2654  with knowledge of dietetics.
 2655         (j)(10) Keep full records of resident admissions and
 2656  discharges; medical and general health status, including medical
 2657  records, personal and social history, and identity and address
 2658  of next of kin or other persons who may have responsibility for
 2659  the affairs of the residents; and individual resident care plans
 2660  including, but not limited to, prescribed services, service
 2661  frequency and duration, and service goals. The records shall be
 2662  open to inspection by the agency.
 2663         (k)(11) Keep such fiscal records of its operations and
 2664  conditions as may be necessary to provide information pursuant
 2665  to this part.
 2666         (l)(12) Furnish copies of personnel records for employees
 2667  affiliated with such facility, to any other facility licensed by
 2668  this state requesting this information pursuant to this part.
 2669  Such information contained in the records may include, but is
 2670  not limited to, disciplinary matters and any reason for
 2671  termination. Any facility releasing such records pursuant to
 2672  this part shall be considered to be acting in good faith and may
 2673  not be held liable for information contained in such records,
 2674  absent a showing that the facility maliciously falsified such
 2675  records.
 2676         (m)(13) Publicly display a poster provided by the agency
 2677  containing the names, addresses, and telephone numbers for the
 2678  state’s abuse hotline, the State Long-Term Care Ombudsman, the
 2679  Agency for Health Care Administration consumer hotline, the
 2680  Advocacy Center for Persons with Disabilities, the Florida
 2681  Statewide Advocacy Council, and the Medicaid Fraud Control Unit,
 2682  with a clear description of the assistance to be expected from
 2683  each.
 2684         (n)(14) Submit to the agency the information specified in
 2685  s. 400.071(1)(b) for a management company within 30 days after
 2686  the effective date of the management agreement.
 2687         (o)1.(15) Submit semiannually to the agency, or more
 2688  frequently if requested by the agency, information regarding
 2689  facility staff-to-resident ratios, staff turnover, and staff
 2690  stability, including information regarding certified nursing
 2691  assistants, licensed nurses, the director of nursing, and the
 2692  facility administrator. For purposes of this reporting:
 2693         a.(a) Staff-to-resident ratios must be reported in the
 2694  categories specified in s. 400.23(3)(a) and applicable rules.
 2695  The ratio must be reported as an average for the most recent
 2696  calendar quarter.
 2697         b.(b) Staff turnover must be reported for the most recent
 2698  12-month period ending on the last workday of the most recent
 2699  calendar quarter prior to the date the information is submitted.
 2700  The turnover rate must be computed quarterly, with the annual
 2701  rate being the cumulative sum of the quarterly rates. The
 2702  turnover rate is the total number of terminations or separations
 2703  experienced during the quarter, excluding any employee
 2704  terminated during a probationary period of 3 months or less,
 2705  divided by the total number of staff employed at the end of the
 2706  period for which the rate is computed, and expressed as a
 2707  percentage.
 2708         c.(c) The formula for determining staff stability is the
 2709  total number of employees that have been employed for more than
 2710  12 months, divided by the total number of employees employed at
 2711  the end of the most recent calendar quarter, and expressed as a
 2712  percentage.
 2713         d.(d) A nursing facility that has failed to comply with
 2714  state minimum-staffing requirements for 2 consecutive days is
 2715  prohibited from accepting new admissions until the facility has
 2716  achieved the minimum-staffing requirements for a period of 6
 2717  consecutive days. For the purposes of this sub-subparagraph
 2718  paragraph, any person who was a resident of the facility and was
 2719  absent from the facility for the purpose of receiving medical
 2720  care at a separate location or was on a leave of absence is not
 2721  considered a new admission. Failure to impose such an admissions
 2722  moratorium constitutes a class II deficiency.
 2723         e.(e) A nursing facility which does not have a conditional
 2724  license may be cited for failure to comply with the standards in
 2725  s. 400.23(3)(a)1.a. only if it has failed to meet those
 2726  standards on 2 consecutive days or if it has failed to meet at
 2727  least 97 percent of those standards on any one day.
 2728         f.(f) A facility which has a conditional license must be in
 2729  compliance with the standards in s. 400.23(3)(a) at all times.
 2730  
 2731         2.Nothing in This paragraph does not section shall limit
 2732  the agency’s ability to impose a deficiency or take other
 2733  actions if a facility does not have enough staff to meet the
 2734  residents’ needs.
 2735         (16)Report monthly the number of vacant beds in the
 2736  facility which are available for resident occupancy on the day
 2737  the information is reported.
 2738         (p)(17) Notify a licensed physician when a resident
 2739  exhibits signs of dementia or cognitive impairment or has a
 2740  change of condition in order to rule out the presence of an
 2741  underlying physiological condition that may be contributing to
 2742  such dementia or impairment. The notification must occur within
 2743  30 days after the acknowledgment of such signs by facility
 2744  staff. If an underlying condition is determined to exist, the
 2745  facility shall arrange, with the appropriate health care
 2746  provider, the necessary care and services to treat the
 2747  condition.
 2748         (q)(18) If the facility implements a dining and hospitality
 2749  attendant program, ensure that the program is developed and
 2750  implemented under the supervision of the facility director of
 2751  nursing. A licensed nurse, licensed speech or occupational
 2752  therapist, or a registered dietitian must conduct training of
 2753  dining and hospitality attendants. A person employed by a
 2754  facility as a dining and hospitality attendant must perform
 2755  tasks under the direct supervision of a licensed nurse.
 2756         (r)(19) Report to the agency any filing for bankruptcy
 2757  protection by the facility or its parent corporation,
 2758  divestiture or spin-off of its assets, or corporate
 2759  reorganization within 30 days after the completion of such
 2760  activity.
 2761         (s)(20) Maintain general and professional liability
 2762  insurance coverage that is in force at all times. In lieu of
 2763  general and professional liability insurance coverage, a state
 2764  designated teaching nursing home and its affiliated assisted
 2765  living facilities created under s. 430.80 may demonstrate proof
 2766  of financial responsibility as provided in s. 430.80(3)(h).
 2767         (t)(21) Maintain in the medical record for each resident a
 2768  daily chart of certified nursing assistant services provided to
 2769  the resident. The certified nursing assistant who is caring for
 2770  the resident must complete this record by the end of his or her
 2771  shift. This record must indicate assistance with activities of
 2772  daily living, assistance with eating, and assistance with
 2773  drinking, and must record each offering of nutrition and
 2774  hydration for those residents whose plan of care or assessment
 2775  indicates a risk for malnutrition or dehydration.
 2776         (u)(22) Before November 30 of each year, subject to the
 2777  availability of an adequate supply of the necessary vaccine,
 2778  provide for immunizations against influenza viruses to all its
 2779  consenting residents in accordance with the recommendations of
 2780  the United States Centers for Disease Control and Prevention,
 2781  subject to exemptions for medical contraindications and
 2782  religious or personal beliefs. Subject to these exemptions, any
 2783  consenting person who becomes a resident of the facility after
 2784  November 30 but before March 31 of the following year must be
 2785  immunized within 5 working days after becoming a resident.
 2786  Immunization shall not be provided to any resident who provides
 2787  documentation that he or she has been immunized as required by
 2788  this paragraph subsection. This paragraph subsection does not
 2789  prohibit a resident from receiving the immunization from his or
 2790  her personal physician if he or she so chooses. A resident who
 2791  chooses to receive the immunization from his or her personal
 2792  physician shall provide proof of immunization to the facility.
 2793  The agency may adopt and enforce any rules necessary to comply
 2794  with or implement this subsection.
 2795         (v)(23) Assess all residents for eligibility for
 2796  pneumococcal polysaccharide vaccination (PPV) and vaccinate
 2797  residents when indicated within 60 days after the effective date
 2798  of this act in accordance with the recommendations of the United
 2799  States Centers for Disease Control and Prevention, subject to
 2800  exemptions for medical contraindications and religious or
 2801  personal beliefs. Residents admitted after the effective date of
 2802  this act shall be assessed within 5 working days of admission
 2803  and, when indicated, vaccinated within 60 days in accordance
 2804  with the recommendations of the United States Centers for
 2805  Disease Control and Prevention, subject to exemptions for
 2806  medical contraindications and religious or personal beliefs.
 2807  Immunization shall not be provided to any resident who provides
 2808  documentation that he or she has been immunized as required by
 2809  this paragraph subsection. This paragraph subsection does not
 2810  prohibit a resident from receiving the immunization from his or
 2811  her personal physician if he or she so chooses. A resident who
 2812  chooses to receive the immunization from his or her personal
 2813  physician shall provide proof of immunization to the facility.
 2814  The agency may adopt and enforce any rules necessary to comply
 2815  with or implement this paragraph subsection.
 2816         (w)(24) Annually encourage and promote to its employees the
 2817  benefits associated with immunizations against influenza viruses
 2818  in accordance with the recommendations of the United States
 2819  Centers for Disease Control and Prevention. The agency may adopt
 2820  and enforce any rules necessary to comply with or implement this
 2821  paragraph subsection.
 2822         (2) Facilities that have been awarded a Gold Seal under the
 2823  program established in s. 400.235 may develop a plan to provide
 2824  certified nursing assistant training as prescribed by federal
 2825  regulations and state rules and may apply to the agency for
 2826  approval of their program.
 2827         Section 39. Subsections (5), (9), (10), (11), (12), (13),
 2828  (14), and (15) of section 400.147, Florida Statutes, are amended
 2829  to read:
 2830         400.147 Internal risk management and quality assurance
 2831  program.—
 2832         (5) For purposes of reporting to the agency under this
 2833  section, the term “adverse incident” means:
 2834         (a) An event over which facility personnel could exercise
 2835  control and which is associated in whole or in part with the
 2836  facility’s intervention, rather than the condition for which
 2837  such intervention occurred, and which results in one of the
 2838  following:
 2839         1. Death;
 2840         2. Brain or spinal damage;
 2841         3. Permanent disfigurement;
 2842         4. Fracture or dislocation of bones or joints;
 2843         5. A limitation of neurological, physical, or sensory
 2844  function;
 2845         6. Any condition that required medical attention to which
 2846  the resident has not given his or her informed consent,
 2847  including failure to honor advanced directives; or
 2848         7. Any condition that required the transfer of the
 2849  resident, within or outside the facility, to a unit providing a
 2850  more acute level of care due to the adverse incident, rather
 2851  than the resident’s condition prior to the adverse incident; or
 2852         8.An event that is reported to law enforcement or its
 2853  personnel for investigation; or
 2854         (b)Abuse, neglect, or exploitation as defined in s.
 2855  415.102;
 2856         (c)Abuse, neglect and harm as defined in s. 39.01;
 2857         (b)(d) Resident elopement, if the elopement places the
 2858  resident at risk of harm or injury.; or
 2859         (e)An event that is reported to law enforcement.
 2860         (9)Abuse, neglect, or exploitation must be reported to the
 2861  agency as required by 42 C.F.R. s. 483.13(c) and to the
 2862  department as required by chapters 39 and 415.
 2863         (10)(9) By the 10th of each month, each facility subject to
 2864  this section shall report any notice received pursuant to s.
 2865  400.0233(2) and each initial complaint that was filed with the
 2866  clerk of the court and served on the facility during the
 2867  previous month by a resident or a resident’s family member,
 2868  guardian, conservator, or personal legal representative. The
 2869  report must include the name of the resident, the resident’s
 2870  date of birth and social security number, the Medicaid
 2871  identification number for Medicaid-eligible persons, the date or
 2872  dates of the incident leading to the claim or dates of
 2873  residency, if applicable, and the type of injury or violation of
 2874  rights alleged to have occurred. Each facility shall also submit
 2875  a copy of the notices received pursuant to s. 400.0233(2) and
 2876  complaints filed with the clerk of the court. This report is
 2877  confidential as provided by law and is not discoverable or
 2878  admissible in any civil or administrative action, except in such
 2879  actions brought by the agency to enforce the provisions of this
 2880  part.
 2881         (11)(10) The agency shall review, as part of its licensure
 2882  inspection process, the internal risk management and quality
 2883  assurance program at each facility regulated by this section to
 2884  determine whether the program meets standards established in
 2885  statutory laws and rules, is being conducted in a manner
 2886  designed to reduce adverse incidents, and is appropriately
 2887  reporting incidents as required by this section.
 2888         (12)(11) There is no monetary liability on the part of, and
 2889  a cause of action for damages may not arise against, any risk
 2890  manager for the implementation and oversight of the internal
 2891  risk management and quality assurance program in a facility
 2892  licensed under this part as required by this section, or for any
 2893  act or proceeding undertaken or performed within the scope of
 2894  the functions of such internal risk management and quality
 2895  assurance program if the risk manager acts without intentional
 2896  fraud.
 2897         (13)(12) If the agency, through its receipt of the adverse
 2898  incident reports prescribed in subsection (7), or through any
 2899  investigation, has a reasonable belief that conduct by a staff
 2900  member or employee of a facility is grounds for disciplinary
 2901  action by the appropriate regulatory board, the agency shall
 2902  report this fact to the regulatory board.
 2903         (14)(13) The agency may adopt rules to administer this
 2904  section.
 2905         (14)The agency shall annually submit to the Legislature a
 2906  report on nursing home adverse incidents. The report must
 2907  include the following information arranged by county:
 2908         (a)The total number of adverse incidents.
 2909         (b)A listing, by category, of the types of adverse
 2910  incidents, the number of incidents occurring within each
 2911  category, and the type of staff involved.
 2912         (c)A listing, by category, of the types of injury caused
 2913  and the number of injuries occurring within each category.
 2914         (d)Types of liability claims filed based on an adverse
 2915  incident or reportable injury.
 2916         (e)Disciplinary action taken against staff, categorized by
 2917  type of staff involved.
 2918         (15) Information gathered by a credentialing organization
 2919  under a quality assurance program is not discoverable from the
 2920  credentialing organization. This subsection does not limit
 2921  discovery of, access to, or use of facility records, including
 2922  those records from which the credentialing organization gathered
 2923  its information.
 2924         Section 40. Subsection (3) of section 400.162, Florida
 2925  Statutes, is amended to read:
 2926         400.162 Property and personal affairs of residents.—
 2927         (3) A licensee shall provide for the safekeeping of
 2928  personal effects, funds, and other property of the resident in
 2929  the facility. Whenever necessary for the protection of
 2930  valuables, or in order to avoid unreasonable responsibility
 2931  therefor, the licensee may require that such valuables be
 2932  excluded or removed from the facility and kept at some place not
 2933  subject to the control of the licensee. At the request of a
 2934  resident, the facility shall mark the resident’s personal
 2935  property with the resident’s name or another type of
 2936  identification, without defacing the property. Any theft or loss
 2937  of a resident’s personal property shall be documented by the
 2938  facility. The facility shall develop policies and procedures to
 2939  minimize the risk of theft or loss of the personal property of
 2940  residents. A copy of the policy shall be provided to every
 2941  employee and to each resident and the resident’s representative
 2942  if appropriate at admission and when revised. Facility policies
 2943  must include provisions related to reporting theft or loss of a
 2944  resident’s property to law enforcement and any facility waiver
 2945  of liability for loss or theft. The facility shall post notice
 2946  of these policies and procedures, and any revision thereof, in
 2947  places accessible to residents.
 2948         Section 41. Paragraphs (a) and (b) of subsection (2) of
 2949  section 400.191, Florida Statutes, are amended to read:
 2950         400.191 Availability, distribution, and posting of reports
 2951  and records.—
 2952         (2) The agency shall publish the Nursing Home Guide
 2953  annually in consumer-friendly printed form and quarterly in
 2954  electronic form to assist consumers and their families in
 2955  comparing and evaluating nursing home facilities.
 2956         (a) The agency shall provide an Internet site which shall
 2957  include at least the following information either directly or
 2958  indirectly through a link to another established site or sites
 2959  of the agency’s choosing:
 2960         1. A section entitled “Have you considered programs that
 2961  provide alternatives to nursing home care?” which shall be the
 2962  first section of the Nursing Home Guide and which shall
 2963  prominently display information about available alternatives to
 2964  nursing homes and how to obtain additional information regarding
 2965  these alternatives. The Nursing Home Guide shall explain that
 2966  this state offers alternative programs that permit qualified
 2967  elderly persons to stay in their homes instead of being placed
 2968  in nursing homes and shall encourage interested persons to call
 2969  the Comprehensive Assessment Review and Evaluation for Long-Term
 2970  Care Services (CARES) Program to inquire if they qualify. The
 2971  Nursing Home Guide shall list available home and community-based
 2972  programs which shall clearly state the services that are
 2973  provided and indicate whether nursing home services are included
 2974  if needed.
 2975         2. A list by name and address of all nursing home
 2976  facilities in this state, including any prior name by which a
 2977  facility was known during the previous 24-month period.
 2978         3. Whether such nursing home facilities are proprietary or
 2979  nonproprietary.
 2980         4. The current owner of the facility’s license and the year
 2981  that that entity became the owner of the license.
 2982         5. The name of the owner or owners of each facility and
 2983  whether the facility is affiliated with a company or other
 2984  organization owning or managing more than one nursing facility
 2985  in this state.
 2986         6. The total number of beds in each facility and the most
 2987  recently available occupancy levels.
 2988         7. The number of private and semiprivate rooms in each
 2989  facility.
 2990         8. The religious affiliation, if any, of each facility.
 2991         9. The languages spoken by the administrator and staff of
 2992  each facility.
 2993         10. Whether or not each facility accepts Medicare or
 2994  Medicaid recipients or insurance, health maintenance
 2995  organization, Veterans Administration, CHAMPUS program, or
 2996  workers’ compensation coverage.
 2997         11. Recreational and other programs available at each
 2998  facility.
 2999         12. Special care units or programs offered at each
 3000  facility.
 3001         13. Whether the facility is a part of a retirement
 3002  community that offers other services pursuant to part III of
 3003  this chapter or part I or part III of chapter 429.
 3004         14. Survey and deficiency information, including all
 3005  federal and state recertification, licensure, revisit, and
 3006  complaint survey information, for each facility for the past 30
 3007  months. For noncertified nursing homes, state survey and
 3008  deficiency information, including licensure, revisit, and
 3009  complaint survey information for the past 30 months shall be
 3010  provided.
 3011         15.A summary of the deficiency data for each facility over
 3012  the past 30 months. The summary may include a score, rating, or
 3013  comparison ranking with respect to other facilities based on the
 3014  number of citations received by the facility on recertification,
 3015  licensure, revisit, and complaint surveys; the severity and
 3016  scope of the citations; and the number of recertification
 3017  surveys the facility has had during the past 30 months. The
 3018  score, rating, or comparison ranking may be presented in either
 3019  numeric or symbolic form for the intended consumer audience.
 3020         (b)The agency shall provide the following information in
 3021  printed form:
 3022         1.A section entitled “Have you considered programs that
 3023  provide alternatives to nursing home care?” which shall be the
 3024  first section of the Nursing Home Guide and which shall
 3025  prominently display information about available alternatives to
 3026  nursing homes and how to obtain additional information regarding
 3027  these alternatives. The Nursing Home Guide shall explain that
 3028  this state offers alternative programs that permit qualified
 3029  elderly persons to stay in their homes instead of being placed
 3030  in nursing homes and shall encourage interested persons to call
 3031  the Comprehensive Assessment Review and Evaluation for Long-Term
 3032  Care Services (CARES) Program to inquire if they qualify. The
 3033  Nursing Home Guide shall list available home and community-based
 3034  programs which shall clearly state the services that are
 3035  provided and indicate whether nursing home services are included
 3036  if needed.
 3037         2.A list by name and address of all nursing home
 3038  facilities in this state.
 3039         3.Whether the nursing home facilities are proprietary or
 3040  nonproprietary.
 3041         4.The current owner or owners of the facility’s license
 3042  and the year that entity became the owner of the license.
 3043         5.The total number of beds, and of private and semiprivate
 3044  rooms, in each facility.
 3045         6.The religious affiliation, if any, of each facility.
 3046         7.The name of the owner of each facility and whether the
 3047  facility is affiliated with a company or other organization
 3048  owning or managing more than one nursing facility in this state.
 3049         8.The languages spoken by the administrator and staff of
 3050  each facility.
 3051         9.Whether or not each facility accepts Medicare or
 3052  Medicaid recipients or insurance, health maintenance
 3053  organization, Veterans Administration, CHAMPUS program, or
 3054  workers’ compensation coverage.
 3055         10.Recreational programs, special care units, and other
 3056  programs available at each facility.
 3057         11.The Internet address for the site where more detailed
 3058  information can be seen.
 3059         12.A statement advising consumers that each facility will
 3060  have its own policies and procedures related to protecting
 3061  resident property.
 3062         13.A summary of the deficiency data for each facility over
 3063  the past 30 months. The summary may include a score, rating, or
 3064  comparison ranking with respect to other facilities based on the
 3065  number of citations received by the facility on recertification,
 3066  licensure, revisit, and complaint surveys; the severity and
 3067  scope of the citations; the number of citations; and the number
 3068  of recertification surveys the facility has had during the past
 3069  30 months. The score, rating, or comparison ranking may be
 3070  presented in either numeric or symbolic form for the intended
 3071  consumer audience.
 3072         Section 42. Paragraph (d) of subsection (1) of section
 3073  400.195, Florida Statutes, is amended to read:
 3074         400.195 Agency reporting requirements.—
 3075         (1) For the period beginning June 30, 2001, and ending June
 3076  30, 2005, the Agency for Health Care Administration shall
 3077  provide a report to the Governor, the President of the Senate,
 3078  and the Speaker of the House of Representatives with respect to
 3079  nursing homes. The first report shall be submitted no later than
 3080  December 30, 2002, and subsequent reports shall be submitted
 3081  every 6 months thereafter. The report shall identify facilities
 3082  based on their ownership characteristics, size, business
 3083  structure, for-profit or not-for-profit status, and any other
 3084  characteristics the agency determines useful in analyzing the
 3085  varied segments of the nursing home industry and shall report:
 3086         (d) Information regarding deficiencies cited, including
 3087  information used to develop the Nursing Home Guide WATCH LIST
 3088  pursuant to s. 400.191, and applicable rules, a summary of data
 3089  generated on nursing homes by Centers for Medicare and Medicaid
 3090  Services Nursing Home Quality Information Project, and
 3091  information collected pursuant to s. 400.147(10) s. 400.147(9),
 3092  relating to litigation.
 3093         Section 43. Subsection (3) of section 400.23, Florida
 3094  Statutes, is amended to read:
 3095         400.23 Rules; evaluation and deficiencies; licensure
 3096  status.—
 3097         (3)(a)1. The agency shall adopt rules providing minimum
 3098  staffing requirements for nursing homes. These requirements
 3099  shall include, for each nursing home facility:
 3100         a. A minimum certified nursing assistant staffing of 2.6
 3101  hours of direct care per resident per day beginning January 1,
 3102  2003, and increasing to 2.7 hours of direct care per resident
 3103  per day beginning January 1, 2007. Beginning January 1, 2002, no
 3104  facility shall staff below one certified nursing assistant per
 3105  20 residents, and a minimum licensed nursing staffing of 1.0
 3106  hour of direct care per resident per day but never below one
 3107  licensed nurse per 40 residents.
 3108         b. Beginning January 1, 2007, a minimum weekly average
 3109  certified nursing assistant staffing of 2.9 hours of direct care
 3110  per resident per day. For the purpose of this sub-subparagraph,
 3111  a week is defined as Sunday through Saturday.
 3112         2. Nursing assistants employed under s. 400.211(2) may be
 3113  included in computing the staffing ratio for certified nursing
 3114  assistants only if their job responsibilities include only
 3115  nursing-assistant-related duties.
 3116         3. Each nursing home must document compliance with staffing
 3117  standards as required under this paragraph and post daily the
 3118  names of staff on duty for the benefit of facility residents and
 3119  the public.
 3120         4. The agency shall recognize the use of licensed nurses
 3121  for compliance with minimum staffing requirements for certified
 3122  nursing assistants, provided that the facility otherwise meets
 3123  the minimum staffing requirements for licensed nurses and that
 3124  the licensed nurses are performing the duties of a certified
 3125  nursing assistant. Unless otherwise approved by the agency,
 3126  licensed nurses counted toward the minimum staffing requirements
 3127  for certified nursing assistants must exclusively perform the
 3128  duties of a certified nursing assistant for the entire shift and
 3129  not also be counted toward the minimum staffing requirements for
 3130  licensed nurses. If the agency approved a facility’s request to
 3131  use a licensed nurse to perform both licensed nursing and
 3132  certified nursing assistant duties, the facility must allocate
 3133  the amount of staff time specifically spent on certified nursing
 3134  assistant duties for the purpose of documenting compliance with
 3135  minimum staffing requirements for certified and licensed nursing
 3136  staff. In no event may the hours of a licensed nurse with dual
 3137  job responsibilities be counted twice.
 3138         (b) The agency shall adopt rules to allow properly trained
 3139  staff of a nursing facility, in addition to certified nursing
 3140  assistants and licensed nurses, to assist residents with eating.
 3141  The rules shall specify the minimum training requirements and
 3142  shall specify the physiological conditions or disorders of
 3143  residents which would necessitate that the eating assistance be
 3144  provided by nursing personnel of the facility. Nonnursing staff
 3145  providing eating assistance to residents under the provisions of
 3146  this subsection shall not count toward compliance with minimum
 3147  staffing standards.
 3148         (c) Licensed practical nurses licensed under chapter 464
 3149  who are providing nursing services in nursing home facilities
 3150  under this part may supervise the activities of other licensed
 3151  practical nurses, certified nursing assistants, and other
 3152  unlicensed personnel providing services in such facilities in
 3153  accordance with rules adopted by the Board of Nursing.
 3154         Section 44. Paragraph (a) of subsection (7) of section
 3155  400.9935, Florida Statutes, is amended to read:
 3156         400.9935 Clinic responsibilities.—
 3157         (7)(a) Each clinic engaged in magnetic resonance imaging
 3158  services must be accredited by the Joint Commission on
 3159  Accreditation of Healthcare Organizations, the American College
 3160  of Radiology, or the Accreditation Association for Ambulatory
 3161  Health Care, within 1 year after licensure. A clinic that is
 3162  accredited by the American College of Radiology or is within the
 3163  original 1-year period after licensure and replaces its core
 3164  magnetic resonance imaging equipment shall be given 1 year after
 3165  the date on which the equipment is replaced to attain
 3166  accreditation. However, a clinic may request a single, 6-month
 3167  extension if it provides evidence to the agency establishing
 3168  that, for good cause shown, such clinic cannot can not be
 3169  accredited within 1 year after licensure, and that such
 3170  accreditation will be completed within the 6-month extension.
 3171  After obtaining accreditation as required by this subsection,
 3172  each such clinic must maintain accreditation as a condition of
 3173  renewal of its license. A clinic that files a change of
 3174  ownership application must comply with the original
 3175  accreditation timeframe requirements of the transferor. The
 3176  agency shall deny a change of ownership application if the
 3177  clinic is not in compliance with the accreditation requirements.
 3178  When a clinic adds, replaces, or modifies magnetic resonance
 3179  imaging equipment and the accreditation agency requires new
 3180  accreditation, the clinic must be accredited within 1 year after
 3181  the date of the addition, replacement, or modification but may
 3182  request a single, 6-month extension if the clinic provides
 3183  evidence of good cause to the agency.
 3184         Section 45. Subsection (6) of section 400.995, Florida
 3185  Statutes, is amended to read:
 3186         400.995 Agency administrative penalties.—
 3187         (6) During an inspection, the agency, as an alternative to
 3188  or in conjunction with an administrative action against a clinic
 3189  for violations of this part and adopted rules, shall make a
 3190  reasonable attempt to discuss each violation and recommended
 3191  corrective action with the owner, medical director, or clinic
 3192  director of the clinic, prior to written notification. The
 3193  agency, instead of fixing a period within which the clinic shall
 3194  enter into compliance with standards, may request a plan of
 3195  corrective action from the clinic which demonstrates a good
 3196  faith effort to remedy each violation by a specific date,
 3197  subject to the approval of the agency.
 3198         Section 46. Subsections (5), (9), and (13) of section
 3199  408.803, Florida Statutes, are amended to read:
 3200         408.803 Definitions.—As used in this part, the term:
 3201         (5) “Change of ownership” means:
 3202         (a) An event in which the licensee sells or otherwise
 3203  transfers its ownership changes to a different individual or
 3204  legal entity as evidenced by a change in federal employer
 3205  identification number or taxpayer identification number; or
 3206         (b)An event in which 51 45 percent or more of the
 3207  ownership, voting shares, membership, or controlling interest of
 3208  a licensee is in any manner transferred or otherwise assigned.
 3209  This paragraph does not apply to a licensee that is publicly
 3210  traded on a recognized stock exchange in a corporation whose
 3211  shares are not publicly traded on a recognized stock exchange is
 3212  transferred or assigned, including the final transfer or
 3213  assignment of multiple transfers or assignments over a 2-year
 3214  period that cumulatively total 45 percent or greater.
 3215  
 3216  A change solely in the management company or board of directors
 3217  is not a change of ownership.
 3218         (9) “Licensee” means an individual, corporation,
 3219  partnership, firm, association, or governmental entity, or other
 3220  entity that is issued a permit, registration, certificate, or
 3221  license by the agency. The licensee is legally responsible for
 3222  all aspects of the provider operation.
 3223         (13) “Voluntary board member” means a board member or
 3224  officer of a not-for-profit corporation or organization who
 3225  serves solely in a voluntary capacity, does not receive any
 3226  remuneration for his or her services on the board of directors,
 3227  and has no financial interest in the corporation or
 3228  organization. The agency shall recognize a person as a voluntary
 3229  board member following submission of a statement to the agency
 3230  by the board member and the not-for-profit corporation or
 3231  organization that affirms that the board member conforms to this
 3232  definition. The statement affirming the status of the board
 3233  member must be submitted to the agency on a form provided by the
 3234  agency.
 3235         Section 47. Paragraph (a) of subsection (1), subsection
 3236  (2), paragraph (c) of subsection (7), and subsection (8) of
 3237  section 408.806, Florida Statutes, are amended to read:
 3238         408.806 License application process.—
 3239         (1) An application for licensure must be made to the agency
 3240  on forms furnished by the agency, submitted under oath, and
 3241  accompanied by the appropriate fee in order to be accepted and
 3242  considered timely. The application must contain information
 3243  required by authorizing statutes and applicable rules and must
 3244  include:
 3245         (a) The name, address, and social security number of:
 3246         1. The applicant;
 3247         2.The administrator or a similarly titled person who is
 3248  responsible for the day-to-day operation of the provider;
 3249         3.The financial officer or similarly titled person who is
 3250  responsible for the financial operation of the licensee or
 3251  provider; and
 3252         4. Each controlling interest if the applicant or
 3253  controlling interest is an individual.
 3254         (2)(a) The applicant for a renewal license must submit an
 3255  application that must be received by the agency at least 60 days
 3256  but no more than 120 days before prior to the expiration of the
 3257  current license. An application received more than 120 days
 3258  before the expiration of the current license shall be returned
 3259  to the applicant. If the renewal application and fee are
 3260  received prior to the license expiration date, the license shall
 3261  not be deemed to have expired if the license expiration date
 3262  occurs during the agency’s review of the renewal application.
 3263         (b) The applicant for initial licensure due to a change of
 3264  ownership must submit an application that must be received by
 3265  the agency at least 60 days prior to the date of change of
 3266  ownership.
 3267         (c) For any other application or request, the applicant
 3268  must submit an application or request that must be received by
 3269  the agency at least 60 days but no more than 120 days before
 3270  prior to the requested effective date, unless otherwise
 3271  specified in authorizing statutes or applicable rules. An
 3272  application received more than 120 days before the requested
 3273  effective date shall be returned to the applicant.
 3274         (d) The agency shall notify the licensee by mail or
 3275  electronically at least 90 days before prior to the expiration
 3276  of a license that a renewal license is necessary to continue
 3277  operation. The failure to timely submit a renewal application
 3278  and license fee shall result in a $50 per day late fee charged
 3279  to the licensee by the agency; however, the aggregate amount of
 3280  the late fee may not exceed 50 percent of the licensure fee or
 3281  $500, whichever is less. If an application is received after the
 3282  required filing date and exhibits a hand-canceled postmark
 3283  obtained from a United States post office dated on or before the
 3284  required filing date, no fine will be levied.
 3285         (7)
 3286         (c) If an inspection is required by the authorizing statute
 3287  for a license application other than an initial application, the
 3288  inspection must be unannounced. This paragraph does not apply to
 3289  inspections required pursuant to ss. 383.324, 395.0161(4),
 3290  429.67(6), and 483.061(2).
 3291         (8) The agency may establish procedures for the electronic
 3292  notification and submission of required information, including,
 3293  but not limited to:
 3294         (a) Licensure applications.
 3295         (b) Required signatures.
 3296         (c) Payment of fees.
 3297         (d) Notarization of applications.
 3298  
 3299  Requirements for electronic submission of any documents required
 3300  by this part or authorizing statutes may be established by rule.
 3301  As an alternative to sending documents as required by
 3302  authorizing statutes, the agency may provide electronic access
 3303  to information or documents.
 3304         Section 48. Subsection (2) of section 408.808, Florida
 3305  Statutes, is amended to read:
 3306         408.808 License categories.—
 3307         (2) PROVISIONAL LICENSE.—A provisional license may be
 3308  issued to an applicant pursuant to s. 408.809(3). An applicant
 3309  against whom a proceeding denying or revoking a license is
 3310  pending at the time of license renewal may be issued a
 3311  provisional license effective until final action not subject to
 3312  further appeal. A provisional license may also be issued to an
 3313  applicant applying for a change of ownership. A provisional
 3314  license shall be limited in duration to a specific period of
 3315  time, not to exceed 12 months, as determined by the agency.
 3316         Section 49. Subsection (5) of section 408.809, Florida
 3317  Statutes, is amended, and subsection (6) is added to that
 3318  section, to read:
 3319         408.809 Background screening; prohibited offenses.—
 3320         (5) Effective October 1, 2009, in addition to the offenses
 3321  listed in ss. 435.03 and 435.04, all persons required to undergo
 3322  background screening pursuant to this part or authorizing
 3323  statutes must not have been found guilty of, regardless of
 3324  adjudication, or entered a plea of nolo contendere or guilty to,
 3325  any of the following offenses or any similar offense of another
 3326  jurisdiction:
 3327         (a)Any authorizing statutes, if the offense was a felony.
 3328         (b)This chapter, if the offense was a felony.
 3329         (c)Section 409.920, relating to Medicaid provider fraud,
 3330  if the offense was a felony.
 3331         (d)Section 409.9201, relating to Medicaid fraud, if the
 3332  offense was a felony.
 3333         (e)Section 741.28, relating to domestic violence.
 3334         (f)Chapter 784, relating to assault, battery, and culpable
 3335  negligence, if the offense was a felony.
 3336         (g)Section 810.02, relating to burglary.
 3337         (h)Section 817.034, relating to fraudulent acts through
 3338  mail, wire, radio, electromagnetic, photoelectronic, or
 3339  photooptical systems.
 3340         (i)Section 817.234, relating to false and fraudulent
 3341  insurance claims.
 3342         (j)Section 817.505, relating to patient brokering.
 3343         (k)Section 817.568, relating to criminal use of personal
 3344  identification information.
 3345         (l)Section 817.60, relating to obtaining a credit card
 3346  through fraudulent means.
 3347         (m)Section 817.61, relating to fraudulent use of credit
 3348  cards, if the offense was a felony.
 3349         (n)Section 831.01, relating to forgery.
 3350         (o)Section 831.02, relating to uttering forged
 3351  instruments.
 3352         (p)Section 831.07, relating to forging bank bills, checks,
 3353  drafts, or promissory notes.
 3354         (q)Section 831.09, relating to uttering forged bank bills,
 3355  checks, drafts, or promissory notes.
 3356         (r)Section 831.30, relating to fraud in obtaining
 3357  medicinal drugs.
 3358         (s)Section 831.31, relating to the sale, manufacture,
 3359  delivery, or possession with the intent to sell, manufacture, or
 3360  deliver any counterfeit controlled substance, if the offense was
 3361  a felony.
 3362  
 3363  A person who serves as a controlling interest of or is employed
 3364  by a licensee on September 30, 2009, is not required by law to
 3365  submit to rescreening if that licensee has in its possession
 3366  written evidence that the person has been screened and qualified
 3367  according to the standards specified in s. 435.03 or s. 435.04.
 3368  However, if such person has a disqualifying offense listed in
 3369  this section, he or she may apply for an exemption from the
 3370  appropriate licensing agency before September 30, 2009, and if
 3371  agreed to by the employer, may continue to perform his or her
 3372  duties until the licensing agency renders a decision on the
 3373  application for exemption for offenses listed in this section.
 3374  Exemptions from disqualification may be granted pursuant to s.
 3375  435.07. Background screening is not required to obtain a
 3376  certificate of exemption issued under s. 483.106.
 3377         (6)The attestations required under ss. 435.04(5) and
 3378  435.05(3) must be submitted at the time of license renewal,
 3379  notwithstanding the provisions of ss. 435.04(5) and 435.05(3)
 3380  which require annual submission of an affidavit of compliance
 3381  with background screening requirements.
 3382         Section 50. Section 408.811, Florida Statutes, is amended
 3383  to read:
 3384         408.811 Right of inspection; copies; inspection reports;
 3385  plan for correction of deficiencies.—
 3386         (1) An authorized officer or employee of the agency may
 3387  make or cause to be made any inspection or investigation deemed
 3388  necessary by the agency to determine the state of compliance
 3389  with this part, authorizing statutes, and applicable rules. The
 3390  right of inspection extends to any business that the agency has
 3391  reason to believe is being operated as a provider without a
 3392  license, but inspection of any business suspected of being
 3393  operated without the appropriate license may not be made without
 3394  the permission of the owner or person in charge unless a warrant
 3395  is first obtained from a circuit court. Any application for a
 3396  license issued under this part, authorizing statutes, or
 3397  applicable rules constitutes permission for an appropriate
 3398  inspection to verify the information submitted on or in
 3399  connection with the application.
 3400         (a) All inspections shall be unannounced, except as
 3401  specified in s. 408.806.
 3402         (b) Inspections for relicensure shall be conducted
 3403  biennially unless otherwise specified by authorizing statutes or
 3404  applicable rules.
 3405         (2) Inspections conducted in conjunction with
 3406  certification, comparable licensure requirements, or a
 3407  recognized or approved accreditation organization may be
 3408  accepted in lieu of a complete licensure inspection. However, a
 3409  licensure inspection may also be conducted to review any
 3410  licensure requirements that are not also requirements for
 3411  certification.
 3412         (3) The agency shall have access to and the licensee shall
 3413  provide, or if requested send, copies of all provider records
 3414  required during an inspection or other review at no cost to the
 3415  agency, including records requested during an offsite review.
 3416         (4)A deficiency must be corrected within 30 calendar days
 3417  after the provider is notified of inspection results unless an
 3418  alternative timeframe is required or approved by the agency.
 3419         (5)The agency may require an applicant or licensee to
 3420  submit a plan of correction for deficiencies. If required, the
 3421  plan of correction must be filed with the agency within 10
 3422  calendar days after notification unless an alternative timeframe
 3423  is required.
 3424         (6)(a)(4)(a) Each licensee shall maintain as public
 3425  information, available upon request, records of all inspection
 3426  reports pertaining to that provider that have been filed by the
 3427  agency unless those reports are exempt from or contain
 3428  information that is exempt from s. 119.07(1) and s. 24(a), Art.
 3429  I of the State Constitution or is otherwise made confidential by
 3430  law. Effective October 1, 2006, copies of such reports shall be
 3431  retained in the records of the provider for at least 3 years
 3432  following the date the reports are filed and issued, regardless
 3433  of a change of ownership.
 3434         (b) A licensee shall, upon the request of any person who
 3435  has completed a written application with intent to be admitted
 3436  by such provider, any person who is a client of such provider,
 3437  or any relative, spouse, or guardian of any such person, furnish
 3438  to the requester a copy of the last inspection report pertaining
 3439  to the licensed provider that was issued by the agency or by an
 3440  accrediting organization if such report is used in lieu of a
 3441  licensure inspection.
 3442         Section 51. Section 408.813, Florida Statutes, is amended
 3443  to read:
 3444         408.813 Administrative fines; violations.—As a penalty for
 3445  any violation of this part, authorizing statutes, or applicable
 3446  rules, the agency may impose an administrative fine.
 3447         (1) Unless the amount or aggregate limitation of the fine
 3448  is prescribed by authorizing statutes or applicable rules, the
 3449  agency may establish criteria by rule for the amount or
 3450  aggregate limitation of administrative fines applicable to this
 3451  part, authorizing statutes, and applicable rules. Each day of
 3452  violation constitutes a separate violation and is subject to a
 3453  separate fine. For fines imposed by final order of the agency
 3454  and not subject to further appeal, the violator shall pay the
 3455  fine plus interest at the rate specified in s. 55.03 for each
 3456  day beyond the date set by the agency for payment of the fine.
 3457         (2)Violations of this part, authorizing statutes, or
 3458  applicable rules shall be classified according to the nature of
 3459  the violation and the gravity of its probable effect on clients.
 3460  The scope of a violation may be cited as an isolated, patterned,
 3461  or widespread deficiency. An isolated deficiency is a deficiency
 3462  affecting one or a very limited number of clients, or involving
 3463  one or a very limited number of staff, or a situation that
 3464  occurred only occasionally or in a very limited number of
 3465  locations. A patterned deficiency is a deficiency in which more
 3466  than a very limited number of clients are affected, or more than
 3467  a very limited number of staff are involved, or the situation
 3468  has occurred in several locations, or the same client or clients
 3469  have been affected by repeated occurrences of the same deficient
 3470  practice but the effect of the deficient practice is not found
 3471  to be pervasive throughout the provider. A widespread deficiency
 3472  is a deficiency in which the problems causing the deficiency are
 3473  pervasive in the provider or represent systemic failure that has
 3474  affected or has the potential to affect a large portion of the
 3475  provider’s clients. This subsection does not affect the
 3476  legislative determination of the amount of a fine imposed under
 3477  authorizing statutes. Violations shall be classified on the
 3478  written notice as follows:
 3479         (a)Class “I” violations are those conditions or
 3480  occurrences related to the operation and maintenance of a
 3481  provider or to the care of clients which the agency determines
 3482  present an imminent danger to the clients of the provider or a
 3483  substantial probability that death or serious physical or
 3484  emotional harm would result therefrom. The condition or practice
 3485  constituting a class I violation shall be abated or eliminated
 3486  within 24 hours, unless a fixed period, as determined by the
 3487  agency, is required for correction. The agency shall impose an
 3488  administrative fine as provided by law for a cited class I
 3489  violation. A fine shall be levied notwithstanding the correction
 3490  of the violation.
 3491         (b)Class “II” violations are those conditions or
 3492  occurrences related to the operation and maintenance of a
 3493  provider or to the care of clients which the agency determines
 3494  directly threaten the physical or emotional health, safety, or
 3495  security of the clients, other than class I violations. The
 3496  agency shall impose an administrative fine as provided by law
 3497  for a cited class II violation. A fine shall be levied
 3498  notwithstanding the correction of the violation.
 3499         (c)Class “III” violations are those conditions or
 3500  occurrences related to the operation and maintenance of a
 3501  provider or to the care of clients which the agency determines
 3502  indirectly or potentially threaten the physical or emotional
 3503  health, safety, or security of clients, other than class I or
 3504  class II violations. The agency shall impose an administrative
 3505  fine as provided in this section for a cited class III
 3506  violation. A citation for a class III violation must specify the
 3507  time within which the violation is required to be corrected. If
 3508  a class III violation is corrected within the time specified, a
 3509  fine may not be imposed.
 3510         (d)Class “IV” violations are those conditions or
 3511  occurrences related to the operation and maintenance of a
 3512  provider or to required reports, forms, or documents that do not
 3513  have the potential of negatively affecting clients. These
 3514  violations are of a type that the agency determines do not
 3515  threaten the health, safety, or security of clients. The agency
 3516  shall impose an administrative fine as provided in this section
 3517  for a cited class IV violation. A citation for a class IV
 3518  violation must specify the time within which the violation is
 3519  required to be corrected. If a class IV violation is corrected
 3520  within the time specified, a fine may not be imposed.
 3521         Section 52. Subsections (11), (12), (13), (14), (15), (16),
 3522  (17), (18), (19), (20), (21), (22), (23), (24), (25), (26),
 3523  (27), (28), and (29) of section 408.820, Florida Statutes, are
 3524  amended to read:
 3525         408.820 Exemptions.—Except as prescribed in authorizing
 3526  statutes, the following exemptions shall apply to specified
 3527  requirements of this part:
 3528         (11)Private review agents, as provided under part I of
 3529  chapter 395, are exempt from ss. 408.806(7), 408.810, and
 3530  408.811.
 3531         (11)(12) Health care risk managers, as provided under part
 3532  I of chapter 395, are exempt from ss. 408.806(7), 408.810(4)
 3533  (10) 408.810, and 408.811.
 3534         (12)(13) Nursing homes, as provided under part II of
 3535  chapter 400, are exempt from ss. 408.810(7) and 408.813(2) s.
 3536  408.810(7).
 3537         (13)(14) Assisted living facilities, as provided under part
 3538  I of chapter 429, are exempt from s. 408.810(10).
 3539         (14)(15) Home health agencies, as provided under part III
 3540  of chapter 400, are exempt from s. 408.810(10).
 3541         (15)(16) Nurse registries, as provided under part III of
 3542  chapter 400, are exempt from s. 408.810(6) and (10).
 3543         (16)(17) Companion services or homemaker services
 3544  providers, as provided under part III of chapter 400, are exempt
 3545  from s. 408.810(6)-(10).
 3546         (17)(18) Adult day care centers, as provided under part III
 3547  of chapter 429, are exempt from s. 408.810(10).
 3548         (18)(19) Adult family-care homes, as provided under part II
 3549  of chapter 429, are exempt from s. 408.810(7)-(10).
 3550         (18)(20) Homes for special services, as provided under part
 3551  V of chapter 400, are exempt from s. 408.810(7)-(10).
 3552         (20)(21) Transitional living facilities, as provided under
 3553  part V of chapter 400, are exempt from s. 408.810(10) s.
 3554  408.810(7)-(10).
 3555         (21)(22) Prescribed pediatric extended care centers, as
 3556  provided under part VI of chapter 400, are exempt from s.
 3557  408.810(10).
 3558         (22)(23) Home medical equipment providers, as provided
 3559  under part VII of chapter 400, are exempt from s. 408.810(10).
 3560         (23)(24) Intermediate care facilities for persons with
 3561  developmental disabilities, as provided under part VIII of
 3562  chapter 400, are exempt from s. 408.810(7).
 3563         (24)(25) Health care services pools, as provided under part
 3564  IX of chapter 400, are exempt from s. 408.810(6)-(10).
 3565         (25)(26) Health care clinics, as provided under part X of
 3566  chapter 400, are exempt from s. 408.810(6), (7), (10) ss.
 3567  408.809 and 408.810(1), (6), (7), and (10).
 3568         (26)(27) Clinical laboratories, as provided under part I of
 3569  chapter 483, are exempt from s. 408.810(5)-(10).
 3570         (27)(28) Multiphasic health testing centers, as provided
 3571  under part II of chapter 483, are exempt from s. 408.810(5)
 3572  (10).
 3573         (28)(29) Organ and tissue procurement agencies, as provided
 3574  under chapter 765, are exempt from s. 408.810(5)-(10).
 3575         Section 53. Section 408.821, Florida Statutes, is created
 3576  to read:
 3577         408.821Emergency management planning; emergency
 3578  operations; inactive license.—
 3579         (1)A licensee required by authorizing statutes to have an
 3580  emergency operations plan must designate a safety liaison to
 3581  serve as the primary contact for emergency operations.
 3582         (2)An entity subject to this part may temporarily exceed
 3583  its licensed capacity to act as a receiving provider in
 3584  accordance with an approved emergency operations plan for up to
 3585  15 days. While in an overcapacity status, each provider must
 3586  furnish or arrange for appropriate care and services to all
 3587  clients. In addition, the agency may approve requests for
 3588  overcapacity in excess of 15 days, which approvals may be based
 3589  upon satisfactory justification and need as provided by the
 3590  receiving and sending providers.
 3591         (3)(a)An inactive license may be issued to a licensee
 3592  subject to this section when the provider is located in a
 3593  geographic area in which a state of emergency was declared by
 3594  the Governor if the provider:
 3595         1.Suffered damage to its operation during the state of
 3596  emergency.
 3597         2.Is currently licensed.
 3598         3.Does not have a provisional license.
 3599         4.Will be temporarily unable to provide services but is
 3600  reasonably expected to resume services within 12 months.
 3601         (b)An inactive license may be issued for a period not to
 3602  exceed 12 months but may be renewed by the agency for up to 12
 3603  additional months upon demonstration to the agency of progress
 3604  toward reopening. A request by a licensee for an inactive
 3605  license or to extend the previously approved inactive period
 3606  must be submitted in writing to the agency, accompanied by
 3607  written justification for the inactive license, which states the
 3608  beginning and ending dates of inactivity and includes a plan for
 3609  the transfer of any clients to other providers and appropriate
 3610  licensure fees. Upon agency approval, the licensee shall notify
 3611  clients of any necessary discharge or transfer as required by
 3612  authorizing statutes or applicable rules. The beginning of the
 3613  inactive licensure period shall be the date the provider ceases
 3614  operations. The end of the inactive period shall become the
 3615  license expiration date, and all licensure fees must be current,
 3616  must be paid in full, and may be prorated. Reactivation of an
 3617  inactive license requires the prior approval by the agency of a
 3618  renewal application, including payment of licensure fees and
 3619  agency inspections indicating compliance with all requirements
 3620  of this part and applicable rules and statutes.
 3621         (4)The agency may adopt rules relating to emergency
 3622  management planning, communications, and operations. Licensees
 3623  providing residential or inpatient services must utilize an
 3624  online database approved by the agency to report information to
 3625  the agency regarding the provider’s emergency status, planning,
 3626  or operations.
 3627         Section 54. Section 408.831, Florida Statutes, is amended
 3628  to read:
 3629         408.831 Denial, suspension, or revocation of a license,
 3630  registration, certificate, or application.—
 3631         (1) In addition to any other remedies provided by law, the
 3632  agency may deny each application or suspend or revoke each
 3633  license, registration, or certificate of entities regulated or
 3634  licensed by it:
 3635         (a) If the applicant, licensee, or a licensee subject to
 3636  this part which shares a common controlling interest with the
 3637  applicant has failed to pay all outstanding fines, liens, or
 3638  overpayments assessed by final order of the agency or final
 3639  order of the Centers for Medicare and Medicaid Services, not
 3640  subject to further appeal, unless a repayment plan is approved
 3641  by the agency; or
 3642         (b) For failure to comply with any repayment plan.
 3643         (2) In reviewing any application requesting a change of
 3644  ownership or change of the licensee, registrant, or
 3645  certificateholder, the transferor shall, prior to agency
 3646  approval of the change, repay or make arrangements to repay any
 3647  amounts owed to the agency. Should the transferor fail to repay
 3648  or make arrangements to repay the amounts owed to the agency,
 3649  the issuance of a license, registration, or certificate to the
 3650  transferee shall be delayed until repayment or until
 3651  arrangements for repayment are made.
 3652         (3)An entity subject to this section may exceed its
 3653  licensed capacity to act as a receiving facility in accordance
 3654  with an emergency operations plan for clients of evacuating
 3655  providers from a geographic area where an evacuation order has
 3656  been issued by a local authority having jurisdiction. While in
 3657  an overcapacity status, each provider must furnish or arrange
 3658  for appropriate care and services to all clients. In addition,
 3659  the agency may approve requests for overcapacity beyond 15 days,
 3660  which approvals may be based upon satisfactory justification and
 3661  need as provided by the receiving and sending facilities.
 3662         (4)(a)An inactive license may be issued to a licensee
 3663  subject to this section when the provider is located in a
 3664  geographic area where a state of emergency was declared by the
 3665  Governor if the provider:
 3666         1.Suffered damage to its operation during that state of
 3667  emergency.
 3668         2.Is currently licensed.
 3669         3.Does not have a provisional license.
 3670         4.Will be temporarily unable to provide services but is
 3671  reasonably expected to resume services within 12 months.
 3672         (b)An inactive license may be issued for a period not to
 3673  exceed 12 months but may be renewed by the agency for up to 12
 3674  additional months upon demonstration to the agency of progress
 3675  toward reopening. A request by a licensee for an inactive
 3676  license or to extend the previously approved inactive period
 3677  must be submitted in writing to the agency, accompanied by
 3678  written justification for the inactive license, which states the
 3679  beginning and ending dates of inactivity and includes a plan for
 3680  the transfer of any clients to other providers and appropriate
 3681  licensure fees. Upon agency approval, the licensee shall notify
 3682  clients of any necessary discharge or transfer as required by
 3683  authorizing statutes or applicable rules. The beginning of the
 3684  inactive licensure period shall be the date the provider ceases
 3685  operations. The end of the inactive period shall become the
 3686  licensee expiration date, and all licensure fees must be
 3687  current, paid in full, and may be prorated. Reactivation of an
 3688  inactive license requires the prior approval by the agency of a
 3689  renewal application, including payment of licensure fees and
 3690  agency inspections indicating compliance with all requirements
 3691  of this part and applicable rules and statutes.
 3692         (3)(5) This section provides standards of enforcement
 3693  applicable to all entities licensed or regulated by the Agency
 3694  for Health Care Administration. This section controls over any
 3695  conflicting provisions of chapters 39, 383, 390, 391, 394, 395,
 3696  400, 408, 429, 468, 483, and 765 or rules adopted pursuant to
 3697  those chapters.
 3698         Section 55. Subsection (2) of section 408.918, Florida
 3699  Statutes, is amended, and subsection (3) is added to that
 3700  section, to read:
 3701         408.918 Florida 211 Network; uniform certification
 3702  requirements.—
 3703         (2) In order to participate in the Florida 211 Network, a
 3704  211 provider must be fully accredited by the National certified
 3705  by the Agency for Health Care Administration. The agency shall
 3706  develop criteria for certification, as recommended by the
 3707  Florida Alliance of Information and Referral Services or have
 3708  received approval to operate, pending accreditation, from its
 3709  affiliate, the Florida Alliance of Information and Referral
 3710  Services, and shall adopt the criteria as administrative rules.
 3711         (a) If any provider of information and referral services or
 3712  other entity leases a 211 number from a local exchange company
 3713  and is not authorized as described in this section, certified by
 3714  the agency, the agency shall, after consultation with the local
 3715  exchange company and the Public Service Commission shall,
 3716  request that the Federal Communications Commission direct the
 3717  local exchange company to revoke the use of the 211 number.
 3718         (b)The agency shall seek the assistance and guidance of
 3719  the Public Service Commission and the Federal Communications
 3720  Commission in resolving any disputes arising over jurisdiction
 3721  related to 211 numbers.
 3722         (3)The Florida Alliance of Information and Referral
 3723  Services is the 211 collaborative organization for the state
 3724  which is responsible for studying, designing, implementing,
 3725  supporting, and coordinating the Florida 211 Network and for
 3726  receiving federal grants.
 3727         Section 56. Paragraph (e) of subsection (4) of section
 3728  409.221, Florida Statutes, is amended to read:
 3729         409.221 Consumer-directed care program.—
 3730         (4) CONSUMER-DIRECTED CARE.—
 3731         (e) Services.—Consumers shall use the budget allowance only
 3732  to pay for home and community-based services that meet the
 3733  consumer’s long-term care needs and are a cost-efficient use of
 3734  funds. Such services may include, but are not limited to, the
 3735  following:
 3736         1. Personal care.
 3737         2. Homemaking and chores, including housework, meals,
 3738  shopping, and transportation.
 3739         3. Home modifications and assistive devices which may
 3740  increase the consumer’s independence or make it possible to
 3741  avoid institutional placement.
 3742         4. Assistance in taking self-administered medication.
 3743         5. Day care and respite care services, including those
 3744  provided by nursing home facilities pursuant to s. 400.141(1)(f)
 3745  s. 400.141(6) or by adult day care facilities licensed pursuant
 3746  to s. 429.907.
 3747         6. Personal care and support services provided in an
 3748  assisted living facility.
 3749         Section 57. Subsection (5) of section 409.901, Florida
 3750  Statutes, is amended to read:
 3751         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 3752  409.901-409.920, except as otherwise specifically provided, the
 3753  term:
 3754         (5) “Change of ownership” means:
 3755         (a) An event in which the provider ownership changes to a
 3756  different individual legal entity as evidenced by a change in
 3757  federal employer identification number or taxpayer
 3758  identification number; or
 3759         (b)An event in which 51 45 percent or more of the
 3760  ownership, voting shares, membership, or controlling interest of
 3761  a provider is in any manner transferred or otherwise assigned.
 3762  This paragraph does not apply to a licensee that is publicly
 3763  traded on a recognized stock exchange; or
 3764         (c)When the provider is licensed or registered by the
 3765  agency, an event considered a change of ownership for licensure
 3766  as defined in s. 408.803 in a corporation whose shares are not
 3767  publicly traded on a recognized stock exchange is transferred or
 3768  assigned, including the final transfer or assignment of multiple
 3769  transfers or assignments over a 2-year period that cumulatively
 3770  total 45 percent or more.
 3771  
 3772  A change solely in the management company or board of directors
 3773  is not a change of ownership.
 3774         Section 58. Section 429.071, Florida Statutes, is repealed.
 3775         Section 59. Paragraph (e) of subsection (1) and subsections
 3776  (2) and (3) of section 429.08, Florida Statutes, are amended to
 3777  read:
 3778         429.08 Unlicensed facilities; referral of person for
 3779  residency to unlicensed facility; penalties; verification of
 3780  licensure status.—
 3781         (1)
 3782         (e) The agency shall publish provide to the department’s
 3783  elder information and referral providers a list, by county, of
 3784  licensed assisted living facilities, to assist persons who are
 3785  considering an assisted living facility placement in locating a
 3786  licensed facility. This information may be provided
 3787  electronically or through the agency’s Internet site.
 3788         (2)Each field office of the Agency for Health Care
 3789  Administration shall establish a local coordinating workgroup
 3790  which includes representatives of local law enforcement
 3791  agencies, state attorneys, the Medicaid Fraud Control Unit of
 3792  the Department of Legal Affairs, local fire authorities, the
 3793  Department of Children and Family Services, the district long
 3794  term care ombudsman council, and the district human rights
 3795  advocacy committee to assist in identifying the operation of
 3796  unlicensed facilities and to develop and implement a plan to
 3797  ensure effective enforcement of state laws relating to such
 3798  facilities. The workgroup shall report its findings, actions,
 3799  and recommendations semiannually to the Director of Health
 3800  Quality Assurance of the agency.
 3801         (2)(3) It is unlawful to knowingly refer a person for
 3802  residency to an unlicensed assisted living facility; to an
 3803  assisted living facility the license of which is under denial or
 3804  has been suspended or revoked; or to an assisted living facility
 3805  that has a moratorium pursuant to part II of chapter 408. Any
 3806  person who violates this subsection commits a noncriminal
 3807  violation, punishable by a fine not exceeding $500 as provided
 3808  in s. 775.083.
 3809         (a) Any health care practitioner, as defined in s. 456.001,
 3810  who is aware of the operation of an unlicensed facility shall
 3811  report that facility to the agency. Failure to report a facility
 3812  that the practitioner knows or has reasonable cause to suspect
 3813  is unlicensed shall be reported to the practitioner’s licensing
 3814  board.
 3815         (b) Any provider as defined in s. 408.803 hospital or
 3816  community mental health center licensed under chapter 395 or
 3817  chapter 394 which knowingly discharges a patient or client to an
 3818  unlicensed facility is subject to sanction by the agency.
 3819         (c) Any employee of the agency or department, or the
 3820  Department of Children and Family Services, who knowingly refers
 3821  a person for residency to an unlicensed facility; to a facility
 3822  the license of which is under denial or has been suspended or
 3823  revoked; or to a facility that has a moratorium pursuant to part
 3824  II of chapter 408 is subject to disciplinary action by the
 3825  agency or department, or the Department of Children and Family
 3826  Services.
 3827         (d) The employer of any person who is under contract with
 3828  the agency or department, or the Department of Children and
 3829  Family Services, and who knowingly refers a person for residency
 3830  to an unlicensed facility; to a facility the license of which is
 3831  under denial or has been suspended or revoked; or to a facility
 3832  that has a moratorium pursuant to part II of chapter 408 shall
 3833  be fined and required to prepare a corrective action plan
 3834  designed to prevent such referrals.
 3835         (e)The agency shall provide the department and the
 3836  Department of Children and Family Services with a list of
 3837  licensed facilities within each county and shall update the list
 3838  at least quarterly.
 3839         (f)At least annually, the agency shall notify, in
 3840  appropriate trade publications, physicians licensed under
 3841  chapter 458 or chapter 459, hospitals licensed under chapter
 3842  395, nursing home facilities licensed under part II of chapter
 3843  400, and employees of the agency or the department, or the
 3844  Department of Children and Family Services, who are responsible
 3845  for referring persons for residency, that it is unlawful to
 3846  knowingly refer a person for residency to an unlicensed assisted
 3847  living facility and shall notify them of the penalty for
 3848  violating such prohibition. The department and the Department of
 3849  Children and Family Services shall, in turn, notify service
 3850  providers under contract to the respective departments who have
 3851  responsibility for resident referrals to facilities. Further,
 3852  the notice must direct each noticed facility and individual to
 3853  contact the appropriate agency office in order to verify the
 3854  licensure status of any facility prior to referring any person
 3855  for residency. Each notice must include the name, telephone
 3856  number, and mailing address of the appropriate office to
 3857  contact.
 3858         Section 60. Paragraph (e) of subsection (1) of section
 3859  429.14, Florida Statutes, is amended to read:
 3860         429.14 Administrative penalties.—
 3861         (1) In addition to the requirements of part II of chapter
 3862  408, the agency may deny, revoke, and suspend any license issued
 3863  under this part and impose an administrative fine in the manner
 3864  provided in chapter 120 against a licensee of an assisted living
 3865  facility for a violation of any provision of this part, part II
 3866  of chapter 408, or applicable rules, or for any of the following
 3867  actions by a licensee of an assisted living facility, for the
 3868  actions of any person subject to level 2 background screening
 3869  under s. 408.809, or for the actions of any facility employee:
 3870         (e) A citation of any of the following deficiencies as
 3871  specified defined in s. 429.19:
 3872         1. One or more cited class I deficiencies.
 3873         2. Three or more cited class II deficiencies.
 3874         3. Five or more cited class III deficiencies that have been
 3875  cited on a single survey and have not been corrected within the
 3876  times specified.
 3877         Section 61. Section 429.19, Florida Statutes, is amended to
 3878  read:
 3879         429.19 Violations; imposition of administrative fines;
 3880  grounds.—
 3881         (1) In addition to the requirements of part II of chapter
 3882  408, the agency shall impose an administrative fine in the
 3883  manner provided in chapter 120 for the violation of any
 3884  provision of this part, part II of chapter 408, and applicable
 3885  rules by an assisted living facility, for the actions of any
 3886  person subject to level 2 background screening under s. 408.809,
 3887  for the actions of any facility employee, or for an intentional
 3888  or negligent act seriously affecting the health, safety, or
 3889  welfare of a resident of the facility.
 3890         (2) Each violation of this part and adopted rules shall be
 3891  classified according to the nature of the violation and the
 3892  gravity of its probable effect on facility residents. The agency
 3893  shall indicate the classification on the written notice of the
 3894  violation as follows:
 3895         (a) Class “I” violations are defined in s. 408.813 those
 3896  conditions or occurrences related to the operation and
 3897  maintenance of a facility or to the personal care of residents
 3898  which the agency determines present an imminent danger to the
 3899  residents or guests of the facility or a substantial probability
 3900  that death or serious physical or emotional harm would result
 3901  therefrom. The condition or practice constituting a class I
 3902  violation shall be abated or eliminated within 24 hours, unless
 3903  a fixed period, as determined by the agency, is required for
 3904  correction. The agency shall impose an administrative fine for a
 3905  cited class I violation in an amount not less than $5,000 and
 3906  not exceeding $10,000 for each violation. A fine may be levied
 3907  notwithstanding the correction of the violation.
 3908         (b) Class “II” violations are defined in s. 408.813 those
 3909  conditions or occurrences related to the operation and
 3910  maintenance of a facility or to the personal care of residents
 3911  which the agency determines directly threaten the physical or
 3912  emotional health, safety, or security of the facility residents,
 3913  other than class I violations. The agency shall impose an
 3914  administrative fine for a cited class II violation in an amount
 3915  not less than $1,000 and not exceeding $5,000 for each
 3916  violation. A fine shall be levied notwithstanding the correction
 3917  of the violation.
 3918         (c) Class “III” violations are defined in s. 408.813 those
 3919  conditions or occurrences related to the operation and
 3920  maintenance of a facility or to the personal care of residents
 3921  which the agency determines indirectly or potentially threaten
 3922  the physical or emotional health, safety, or security of
 3923  facility residents, other than class I or class II violations.
 3924  The agency shall impose an administrative fine for a cited class
 3925  III violation in an amount not less than $500 and not exceeding
 3926  $1,000 for each violation. A citation for a class III violation
 3927  must specify the time within which the violation is required to
 3928  be corrected. If a class III violation is corrected within the
 3929  time specified, no fine may be imposed, unless it is a repeated
 3930  offense.
 3931         (d) Class “IV” violations are defined in s. 408.813 those
 3932  conditions or occurrences related to the operation and
 3933  maintenance of a building or to required reports, forms, or
 3934  documents that do not have the potential of negatively affecting
 3935  residents. These violations are of a type that the agency
 3936  determines do not threaten the health, safety, or security of
 3937  residents of the facility. The agency shall impose an
 3938  administrative fine for a cited class IV violation in an amount
 3939  not less than $100 and not exceeding $200 for each violation. A
 3940  citation for a class IV violation must specify the time within
 3941  which the violation is required to be corrected. If a class IV
 3942  violation is corrected within the time specified, no fine shall
 3943  be imposed. Any class IV violation that is corrected during the
 3944  time an agency survey is being conducted will be identified as
 3945  an agency finding and not as a violation.
 3946         (3) For purposes of this section, in determining if a
 3947  penalty is to be imposed and in fixing the amount of the fine,
 3948  the agency shall consider the following factors:
 3949         (a) The gravity of the violation, including the probability
 3950  that death or serious physical or emotional harm to a resident
 3951  will result or has resulted, the severity of the action or
 3952  potential harm, and the extent to which the provisions of the
 3953  applicable laws or rules were violated.
 3954         (b) Actions taken by the owner or administrator to correct
 3955  violations.
 3956         (c) Any previous violations.
 3957         (d) The financial benefit to the facility of committing or
 3958  continuing the violation.
 3959         (e) The licensed capacity of the facility.
 3960         (4) Each day of continuing violation after the date fixed
 3961  for termination of the violation, as ordered by the agency,
 3962  constitutes an additional, separate, and distinct violation.
 3963         (5) Any action taken to correct a violation shall be
 3964  documented in writing by the owner or administrator of the
 3965  facility and verified through followup visits by agency
 3966  personnel. The agency may impose a fine and, in the case of an
 3967  owner-operated facility, revoke or deny a facility’s license
 3968  when a facility administrator fraudulently misrepresents action
 3969  taken to correct a violation.
 3970         (6) Any facility whose owner fails to apply for a change
 3971  of-ownership license in accordance with part II of chapter 408
 3972  and operates the facility under the new ownership is subject to
 3973  a fine of $5,000.
 3974         (7) In addition to any administrative fines imposed, the
 3975  agency may assess a survey fee, equal to the lesser of one half
 3976  of the facility’s biennial license and bed fee or $500, to cover
 3977  the cost of conducting initial complaint investigations that
 3978  result in the finding of a violation that was the subject of the
 3979  complaint or monitoring visits conducted under s. 429.28(3)(c)
 3980  to verify the correction of the violations.
 3981         (8) During an inspection, the agency, as an alternative to
 3982  or in conjunction with an administrative action against a
 3983  facility for violations of this part and adopted rules, shall
 3984  make a reasonable attempt to discuss each violation and
 3985  recommended corrective action with the owner or administrator of
 3986  the facility, prior to written notification. The agency, instead
 3987  of fixing a period within which the facility shall enter into
 3988  compliance with standards, may request a plan of corrective
 3989  action from the facility which demonstrates a good faith effort
 3990  to remedy each violation by a specific date, subject to the
 3991  approval of the agency.
 3992         (9) The agency shall develop and disseminate an annual list
 3993  of all facilities sanctioned or fined $5,000 or more for
 3994  violations of state standards, the number and class of
 3995  violations involved, the penalties imposed, and the current
 3996  status of cases. The list shall be disseminated, at no charge,
 3997  to the Department of Elderly Affairs, the Department of Health,
 3998  the Department of Children and Family Services, the Agency for
 3999  Persons with Disabilities, the area agencies on aging, the
 4000  Florida Statewide Advocacy Council, and the state and local
 4001  ombudsman councils. The Department of Children and Family
 4002  Services shall disseminate the list to service providers under
 4003  contract to the department who are responsible for referring
 4004  persons to a facility for residency. The agency may charge a fee
 4005  commensurate with the cost of printing and postage to other
 4006  interested parties requesting a copy of this list. This
 4007  information may be provided electronically or through the
 4008  agency’s Internet site.
 4009         Section 62. Subsections (2) and (6) of section 429.23,
 4010  Florida Statutes, are amended to read:
 4011         429.23 Internal risk management and quality assurance
 4012  program; adverse incidents and reporting requirements.—
 4013         (2) Every facility licensed under this part is required to
 4014  maintain adverse incident reports. For purposes of this section,
 4015  the term, “adverse incident” means:
 4016         (a) An event over which facility personnel could exercise
 4017  control rather than as a result of the resident’s condition and
 4018  results in:
 4019         1. Death;
 4020         2. Brain or spinal damage;
 4021         3. Permanent disfigurement;
 4022         4. Fracture or dislocation of bones or joints;
 4023         5. Any condition that required medical attention to which
 4024  the resident has not given his or her consent, including failure
 4025  to honor advanced directives;
 4026         6. Any condition that requires the transfer of the resident
 4027  from the facility to a unit providing more acute care due to the
 4028  incident rather than the resident’s condition before the
 4029  incident; or.
 4030         7.An event that is reported to law enforcement or its
 4031  personnel for investigation; or
 4032         (b)Abuse, neglect, or exploitation as defined in s.
 4033  415.102;
 4034         (c)Events reported to law enforcement; or
 4035         (b)(d)Resident elopement, if the elopement places the
 4036  resident at risk of harm or injury.
 4037         (6) Abuse, neglect, or exploitation must be reported to the
 4038  Department of Children and Family Services as required under
 4039  chapter 415 The agency shall annually submit to the Legislature
 4040  a report on assisted living facility adverse incident reports.
 4041  The report must include the following information arranged by
 4042  county:
 4043         (a)A total number of adverse incidents;
 4044         (b)A listing, by category, of the type of adverse
 4045  incidents occurring within each category and the type of staff
 4046  involved;
 4047         (c)A listing, by category, of the types of injuries, if
 4048  any, and the number of injuries occurring within each category;
 4049         (d)Types of liability claims filed based on an adverse
 4050  incident report or reportable injury; and
 4051         (e)Disciplinary action taken against staff, categorized by
 4052  the type of staff involved.
 4053         Section 63. Subsection (9) of section 429.26, Florida
 4054  Statutes, is repealed.
 4055         Section 64. Subsection (3) of section 430.80, Florida
 4056  Statutes, is amended to read:
 4057         430.80 Implementation of a teaching nursing home pilot
 4058  project.—
 4059         (3) To be designated as a teaching nursing home, a nursing
 4060  home licensee must, at a minimum:
 4061         (a) Provide a comprehensive program of integrated senior
 4062  services that include institutional services and community-based
 4063  services;
 4064         (b) Participate in a nationally recognized accreditation
 4065  program and hold a valid accreditation, such as the
 4066  accreditation awarded by the Joint Commission on Accreditation
 4067  of Healthcare Organizations;
 4068         (c) Have been in business in this state for a minimum of 10
 4069  consecutive years;
 4070         (d) Demonstrate an active program in multidisciplinary
 4071  education and research that relates to gerontology;
 4072         (e) Have a formalized contractual relationship with at
 4073  least one accredited health profession education program located
 4074  in this state;
 4075         (f) Have a formalized contractual relationship with an
 4076  accredited hospital that is designated by law as a teaching
 4077  hospital; and
 4078         (g) Have senior staff members who hold formal faculty
 4079  appointments at universities, which must include at least one
 4080  accredited health profession education program.
 4081         (h) Maintain insurance coverage pursuant to s.
 4082  400.141(1)(s) s. 400.141(20) or proof of financial
 4083  responsibility in a minimum amount of $750,000. Such proof of
 4084  financial responsibility may include:
 4085         1. Maintaining an escrow account consisting of cash or
 4086  assets eligible for deposit in accordance with s. 625.52; or
 4087         2. Obtaining and maintaining pursuant to chapter 675 an
 4088  unexpired, irrevocable, nontransferable and nonassignable letter
 4089  of credit issued by any bank or savings association organized
 4090  and existing under the laws of this state or any bank or savings
 4091  association organized under the laws of the United States that
 4092  has its principal place of business in this state or has a
 4093  branch office which is authorized to receive deposits in this
 4094  state. The letter of credit shall be used to satisfy the
 4095  obligation of the facility to the claimant upon presentment of a
 4096  final judgment indicating liability and awarding damages to be
 4097  paid by the facility or upon presentment of a settlement
 4098  agreement signed by all parties to the agreement when such final
 4099  judgment or settlement is a result of a liability claim against
 4100  the facility.
 4101         Section 65. Subsection (5) of section 435.04, Florida
 4102  Statutes, is amended to read:
 4103         435.04 Level 2 screening standards.—
 4104         (5) Under penalty of perjury, all employees in such
 4105  positions of trust or responsibility shall attest to meeting the
 4106  requirements for qualifying for employment and agreeing to
 4107  inform the employer immediately if convicted of any of the
 4108  disqualifying offenses while employed by the employer. Each
 4109  employer of employees in such positions of trust or
 4110  responsibilities which is licensed or registered by a state
 4111  agency shall submit to the licensing agency annually or at the
 4112  time of license renewal, under penalty of perjury, an affidavit
 4113  of compliance with the provisions of this section.
 4114         Section 66. Subsection (3) of section 435.05, Florida
 4115  Statutes, is amended to read:
 4116         435.05 Requirements for covered employees.—Except as
 4117  otherwise provided by law, the following requirements shall
 4118  apply to covered employees:
 4119         (3) Each employer required to conduct level 2 background
 4120  screening must sign an affidavit annually or at the time of
 4121  license renewal, under penalty of perjury, stating that all
 4122  covered employees have been screened or are newly hired and are
 4123  awaiting the results of the required screening checks.
 4124         Section 67. Subsection (2) of section 483.031, Florida
 4125  Statutes, is amended to read:
 4126         483.031 Application of part; exemptions.—This part applies
 4127  to all clinical laboratories within this state, except:
 4128         (2) A clinical laboratory that performs only waived tests
 4129  and has received a certificate of exemption from the agency
 4130  under s. 483.106.
 4131         Section 68. Subsection (10) of section 483.041, Florida
 4132  Statutes, is amended to read:
 4133         483.041 Definitions.—As used in this part, the term:
 4134         (10) “Waived test” means a test that the federal Centers
 4135  for Medicare and Medicaid Services Health Care Financing
 4136  Administration has determined qualifies for a certificate of
 4137  waiver under the federal Clinical Laboratory Improvement
 4138  Amendments of 1988, and the federal rules adopted thereunder.
 4139         Section 69. Section 483.106, Florida Statutes, is repealed.
 4140         Section 70. Subsection (3) of section 483.172, Florida
 4141  Statutes, is amended to read:
 4142         483.172 License fees.—
 4143         (3) The agency shall assess a biennial fee of $100 for a
 4144  certificate of exemption and a $100 biennial license fee under
 4145  this section for facilities surveyed by an approved accrediting
 4146  organization.
 4147         Section 71. Paragraph (b) of subsection (1) of section
 4148  627.4239, Florida Statutes, is amended, present subsection (4)
 4149  is renumbered as subsection (5), and a new subsection (4) is
 4150  added to that section to read:
 4151         627.4239 Coverage for use of drugs in treatment of cancer.—
 4152         (1) DEFINITIONS.—As used in this section, the term:
 4153         (b) “Standard reference compendium” means authoritative
 4154  compendia identified by the Secretary of the United States
 4155  Department of Health and Human Services and recognized by the
 4156  federal Centers for Medicare and Medicaid Services:
 4157         1.The United States Pharmacopeia Drug Information;
 4158         2.The American Medical Association Drug Evaluations; or
 4159         3.The American Hospital Formulary Service Drug
 4160  Information.
 4161         (4)ANNUAL REPORTS.—
 4162         (a)Where coverage for routine patient care costs
 4163  associated with care provided in a phase 1, phase 2, phase 3, or
 4164  phase 4 cancer clinical trial is denied, a carrier shall, after
 4165  consulting academic and community oncologists involved in cancer
 4166  care and clinical research, submit to the Office of Insurance
 4167  Regulation in a format prescribed by rule, an annual report that
 4168  shall include:
 4169         1.The number of denials for coverage of routine patient
 4170  care cost as defined in paragraph (c) in cancer clinical trials;
 4171  and
 4172         2.A comparison of the costs of routine patient care
 4173  provided in the trials in question compared to the costs of
 4174  standard therapies for the same diagnosis.
 4175         (b)The Office of Insurance Regulation shall provide annual
 4176  reports required under paragraph (a) to the Governor, President
 4177  of the Senate, the Speaker of the House of Representatives, and
 4178  the Secretary for Health Care Administration no later than 30
 4179  days before the regular legislative session.
 4180         (c)For purposes of this section, the term “routine patient
 4181  care cost” means physician fees, laboratory expenses, and
 4182  expenses associated with the hospitalization, administration of
 4183  treatment, and evaluation of a patient during the course of
 4184  treatment which are consistent with usual and customary patterns
 4185  and standards of care incurred whenever an enrollee, subscriber,
 4186  or insured receives medical care associated with an approved
 4187  cancer clinical trial, and which would be covered if such items
 4188  and services were provided other than in connection with an
 4189  approved cancer clinical trial but does not include the direct
 4190  cost of the clinical trial.
 4191         Section 72. Subsection (13) of section 651.118, Florida
 4192  Statutes, is amended to read:
 4193         651.118 Agency for Health Care Administration; certificates
 4194  of need; sheltered beds; community beds.—
 4195         (13) Residents, as defined in this chapter, are not
 4196  considered new admissions for the purpose of s. 400.141
 4197  (1)(o)1.d. s. 400.141(15)(d).
 4198         Section 73. This act shall take effect July 1, 2009.