Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 159982                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3593 and 3594
    4  insert:
    5         Section 90. Section 456.0635, Florida Statutes, is amended
    6  to read:
    7         456.0635 Health care Medicaid fraud; disqualification for
    8  license, certificate, or registration.—
    9         (1) Medicaid Fraud in the practice of a health care
   10  profession is prohibited.
   11         (2) Each board within the jurisdiction of the department,
   12  or the department if there is no board, shall refuse to admit a
   13  candidate to any examination and refuse to issue or renew a
   14  license, certificate, or registration to any applicant if the
   15  candidate or applicant or any principal, officer, agent,
   16  managing employee, or affiliated person of the applicant, has
   17  been:
   18         (a) Has been convicted of, or entered a plea of guilty or
   19  nolo contendere to, regardless of adjudication, a felony under
   20  chapter 409, chapter 817, or chapter 893, or a similar felony
   21  offense committed in another state or jurisdiction 21 U.S.C. ss.
   22  801-970, or 42 U.S.C. ss. 1395-1396, unless the sentence and any
   23  subsequent period of probation for such conviction or plea pleas
   24  ended: more than 15 years prior to the date of the application;
   25         1.For felonies of the first or second degree, more than 15
   26  years before the date of application.
   27         2.For felonies of the third degree, more than 10 years
   28  before the date of application, except for felonies of the third
   29  degree under s. 893.13(6)(a).
   30         3.For felonies of the third degree under s. 893.13(6)(a),
   31  more than 5 years before the date of application.
   32  
   33  Notwithstanding s. 120.60, for felonies in which the defendant
   34  entered a plea of guilty or nolo contendere in an agreement with
   35  the court to enter a pretrial intervention or drug diversion
   36  program, the board, or the department if there is no board, may
   37  not approve or deny the application for a license, certificate,
   38  or registration until the final resolution of the case;
   39         (b)Has been convicted of, or entered a plea of guilty or
   40  nolo contendere to, regardless of adjudication, a felony under
   41  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
   42  sentence and any subsequent period of probation for such
   43  conviction or plea ended more than 15 years before the date of
   44  the application;
   45         (c)(b)Has been terminated for cause from the Florida
   46  Medicaid program pursuant to s. 409.913, unless the applicant
   47  has been in good standing with the Florida Medicaid program for
   48  the most recent 5 years;
   49         (d)(c)Has been terminated for cause, pursuant to the
   50  appeals procedures established by the state or Federal
   51  Government, from any other state Medicaid program or the federal
   52  Medicare program, unless the applicant has been in good standing
   53  with a state Medicaid program or the federal Medicare program
   54  for the most recent 5 years and the termination occurred at
   55  least 20 years before prior to the date of the application; or.
   56         (e)Is currently listed on the United States Department of
   57  Health and Human Services Office of Inspector General’s List of
   58  Excluded Individuals and Entities.
   59  
   60  This subsection does not apply to applicants for initial
   61  licensure or certification who were enrolled in an educational
   62  or training program on or before July 1, 2010, which was
   63  recognized by a board or, if there is no board, recognized by
   64  the department, and who applied for licensure after July 1,
   65  2010.
   66         (3)The department shall refuse to renew a license,
   67  certificate, or registration of any applicant if the candidate
   68  or applicant or any principal, officer, agent, managing
   69  employee, or affiliated person of the applicant:
   70         (a)Has been convicted of, or entered a plea of guilty or
   71  nolo contendere to, regardless of adjudication, a felony under:
   72  chapter 409, chapter 817, or chapter 893, or a similar felony
   73  offense committed in another state or jurisdiction since July 1,
   74  2010.
   75         (b)Has been convicted of, or entered a plea of guilty or
   76  nolo contendere to, regardless of adjudication, a felony under
   77  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1,
   78  2010.
   79         (c)Has been terminated for cause from the Florida Medicaid
   80  program pursuant to s. 409.913, unless the applicant has been in
   81  good standing with the Florida Medicaid program for the most
   82  recent 5 years.
   83         (d)Has been terminated for cause, pursuant to the appeals
   84  procedures established by the state, from any other state
   85  Medicaid program, unless the applicant has been in good standing
   86  with a state Medicaid program for the most recent 5 years and
   87  the termination occurred at least 20 years before the date of
   88  the application.
   89         (e)Is currently listed on the United States Department of
   90  Health and Human Services Office of Inspector General’s List of
   91  Excluded Individuals and Entities.
   92  
   93  For felonies in which the defendant entered a plea of guilty or
   94  nolo contendere in an agreement with the court to enter a
   95  pretrial intervention or drug diversion program, the department
   96  may not approve or deny the application for a renewal of a
   97  license, certificate, or registration until the final resolution
   98  of the case.
   99         (4)(3) Licensed health care practitioners shall report
  100  allegations of health care Medicaid fraud to the department,
  101  regardless of the practice setting in which the alleged Medicaid
  102  fraud occurred.
  103         (5)(4) The acceptance by a licensing authority of a
  104  candidate’s relinquishment of a license which is offered in
  105  response to or anticipation of the filing of administrative
  106  charges alleging health care Medicaid fraud or similar charges
  107  constitutes the permanent revocation of the license.
  108         Section 91. Subsection (6) of section 456.036, Florida
  109  Statutes, is amended to read:
  110         456.036 Licenses; active and inactive status; delinquency.—
  111         (6)(a)Except as provided in paragraph (b), a delinquent
  112  licensee must affirmatively apply with a complete application,
  113  as defined by rule of the board, or the department if there is
  114  no board, for active or inactive status during the licensure
  115  cycle in which a licensee becomes delinquent. Failure by a
  116  delinquent licensee to become active or inactive before the
  117  expiration of the current licensure cycle renders the license
  118  null without any further action by the board or the department.
  119  Any subsequent licensure shall be as a result of applying for
  120  and meeting all requirements imposed on an applicant for new
  121  licensure.
  122         (b) A delinquent licensee whose license becomes delinquent
  123  before the final resolution of a case under s. 456.0635(3) must
  124  affirmatively apply by submitting a complete application, as
  125  defined by rule of the board, or the department if there is no
  126  board, for active or inactive status during the licensure cycle
  127  in which the case achieves final resolution by order of the
  128  court. Failure by a delinquent licensee to become active or
  129  inactive before the expiration of that licensure cycle renders
  130  the license null without any further action by the board or the
  131  department. Any subsequent licensure shall be as a result of
  132  applying for and meeting all requirements imposed on an
  133  applicant for new licensure.
  134  
  135  ================= T I T L E  A M E N D M E N T ================
  136         And the title is amended as follows:
  137         Delete line 309
  138  and insert:
  139         applicants; amending s. 456.0635, F.S.; revising the
  140         grounds under which the Department of Health or
  141         corresponding board is required to refuse to admit a
  142         candidate to an examination and to refuse to issue or
  143         renew a license, certificate, or registration of a
  144         health care practitioner; providing an exception;
  145         amending s. 456.036, F.S.; requiring a delinquent
  146         licensee whose license becomes delinquent before the
  147         final resolution of a case regarding Medicaid fraud to
  148         affirmatively apply by submitting a complete
  149         application for active or inactive status during the
  150         licensure cycle in which the case achieves final
  151         resolution by order of the court; providing that
  152         failure by a delinquent licensee to become active or
  153         inactive before the expiration of that licensure cycle
  154         renders the license null; requiring that any
  155         subsequent licensure be as a result of applying for
  156         and meeting all requirements imposed on an applicant
  157         for new licensure; amending s. 483.035, F.S.;
  158         providing for a