Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2286
       
       
       
       
       
       
                                Barcode 304236                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




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