Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1120
Ì851674=Î851674
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/19/2020 .
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Appropriations Subcommittee on Health and Human Services
(Harrell) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 62 - 179
4 and insert:
5 pursuant to this paragraph, provided that 5 years or more, or,
6 in the case of a peer specialist certified pursuant to s.
7 397.417, 3 years or more, have elapsed since the applicant for
8 an exemption from disqualification has completed or has been
9 lawfully released from confinement, supervision, or a
10 nonmonetary condition imposed by a court for the applicant’s
11 most recent disqualifying offense under this subsection and the
12 applicant for exemption has not been arrested for any criminal
13 offense within the past 3 years.
14 Section 2. Subsection (6) of section 397.487, Florida
15 Statutes, is amended to read:
16 397.487 Voluntary certification of recovery residences.—
17 (6) All owners, directors, and chief financial officers of
18 an applicant recovery residence are subject to level 2
19 background screening as provided under s. 408.809 and chapter
20 435. A recovery residence is ineligible for certification, and a
21 credentialing entity shall deny a recovery residence’s
22 application, if any owner, director, or chief financial officer
23 has been found guilty of, or has entered a plea of guilty or
24 nolo contendere to, regardless of adjudication, any offense
25 listed in s. 408.809(4) or s. 435.04(2) unless the department
26 has issued an exemption under s. 397.4073 or s. 397.4872. In
27 accordance with s. 435.04, the department shall notify the
28 credentialing agency of an owner’s, director’s, or chief
29 financial officer’s eligibility based on the results of his or
30 her background screening.
31 Section 3. Section 397.4872, Florida Statutes, is amended
32 to read:
33 397.4872 Exemption from disqualification; Publication.—
34 (1) Individual exemptions to staff disqualification or
35 administrator ineligibility may be requested if a recovery
36 residence deems the decision will benefit the program. Requests
37 for exemptions must be submitted in writing to the department
38 within 20 days after the denial by the credentialing entity and
39 must include a justification for the exemption.
40 (2) The department may exempt a person from ss. 397.487(6)
41 and 397.4871(5) if it has been at least 3 years since the person
42 has completed or been lawfully released from confinement,
43 supervision, or sanction for the disqualifying offense. An
44 exemption from the disqualifying offenses may not be given under
45 any circumstances for any person who is a:
46 (a) Sexual predator pursuant to s. 775.21;
47 (b) Career offender pursuant to s. 775.261; or
48 (c) Sexual offender pursuant to s. 943.0435, unless the
49 requirement to register as a sexual offender has been removed
50 pursuant to s. 943.04354.
51 (3) By April 1, 2016, each credentialing entity shall
52 submit a list to the department of all recovery residences and
53 recovery residence administrators certified by the credentialing
54 entity that hold a valid certificate of compliance. Thereafter,
55 the credentialing entity must notify the department within 3
56 business days after a new recovery residence or recovery
57 residence administrator is certified or a recovery residence or
58 recovery residence administrator’s certificate expires or is
59 terminated. The department shall publish on its website a list
60 of all recovery residences that hold a valid certificate of
61 compliance. The department shall also publish on its website a
62 list of all recovery residence administrators who hold a valid
63 certificate of compliance. A recovery residence or recovery
64 residence administrator shall be excluded from the list upon
65 written request to the department by the listed individual or
66 entity.
67 Section 4. Present subsections (4), (5), and (6) of section
68 397.4873, Florida Statutes, are redesignated as subsections (5),
69 (6), and (7), respectively, a new subsection (4) is added to
70 that section, and subsection (1) of that section is republished,
71 to read:
72 397.4873 Referrals to or from recovery residences;
73 prohibitions; penalties.—
74 (1) A service provider licensed under this part may not
75 make a referral of a prospective, current, or discharged patient
76 to, or accept a referral of such a patient from, a recovery
77 residence unless the recovery residence holds a valid
78 certificate of compliance as provided in s. 397.487 and is
79 actively managed by a certified recovery residence administrator
80 as provided in s. 397.4871.
81 (4) In addition to any other punishment provided by law,
82 any person who willfully and knowingly violates subsection (1)
83 commits a misdemeanor of the first degree, punishable as
84 provided in s. 775.082 or s. 775.083.
85 Section 5. Paragraph (a) of subsection (3) of section
86 817.505, Florida Statutes, is amended to read:
87 817.505 Patient brokering prohibited; exceptions;
88 penalties.—
89 (3) This section shall not apply to the following payment
90 practices:
91 (a) Any discount, payment, waiver of payment, or payment
92 practice not prohibited expressly authorized by 42 U.S.C. s.
93 1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations
94 promulgated adopted thereunder, regardless of whether such
95 discount, payment, waiver of payment, or payment practice
96 involves items or services for which payment may be made in
97 whole or in part under federal health care programs as defined
98 in 42 U.S.C. s. 1320a-7b(f), as that definition exists on July
99 1, 2020.
100 Section 6. Subsection (5) of section 397.4871, Florida
101 Statutes, is amended to read:
102 397.4871 Recovery residence administrator certification.—
103 (5) All applicants are subject to level 2 background
104 screening as provided under chapter 435. An applicant is
105 ineligible, and a credentialing entity shall deny the
106 application, if the applicant has been found guilty of, or has
107 entered a plea of guilty or nolo contendere to, regardless of
108 adjudication, any offense listed in s. 408.809 or s. 435.04(2)
109 unless the department has issued an exemption under s. 397.4073
110 or s. 435.07 s. 397.4872. In accordance with s. 435.04, the
111 department shall notify the credentialing agency of the
112 applicant’s eligibility based on the results of his or her
113 background screening.
114 Section 7. Subsection (2) of section 435.07, Florida
115 Statutes, is amended to read:
116 435.07 Exemptions from disqualification.—Unless otherwise
117 provided by law, the provisions of this section apply to
118 exemptions from disqualification for disqualifying offenses
119 revealed pursuant to background screenings required under this
120 chapter, regardless of whether those disqualifying offenses are
121 listed in this chapter or other laws.
122 (2) Persons employed, or applicants for employment, by
123 treatment providers who treat adolescents 13 years of age and
124 older who are disqualified from employment solely because of
125 crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
126 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
127 related criminal attempt, solicitation, or conspiracy under s.
128 777.04, shall may be exempted from disqualification from
129 employment pursuant to this chapter, provided that 5 years or
130 more, or, in the case of a certified peer specialist pursuant to
131 s. 397.417, 3 years or more, have elapsed since the applicant
132 for an exemption from disqualification has completed or has been
133 lawfully released from confinement, supervision, or a
134 nonmonetary condition imposed by a court for the applicant’s
135 most recent disqualifying offense under this subsection and the
136 applicant for exemption has not been arrested for any criminal
137 offense within the past 3 years without application of the
138 waiting period in subparagraph (1)(a)1.
139
140 ================= T I T L E A M E N D M E N T ================
141 And the title is amended as follows:
142 Delete line 9
143 and insert:
144 abuse service provider personnel; revising eligibility
145 for exemption from disqualification from employment
146 for such personnel; amending s. 397.487,