Senate Bill sb2368

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    Florida Senate - 2002                                  SB 2368

    By Senator Peaden





    1-712-02

  1                      A bill to be entitled

  2         An act relating to Medicaid audits of

  3         pharmacies; providing requirements for an audit

  4         conducted of the Medicaid-related records of a

  5         pharmacy licensed under ch. 465, F.S.;

  6         requiring that a pharmacist be provided prior

  7         notice of the audit; providing that a

  8         pharmacist is not subject to criminal penalties

  9         without proof of intent to commit fraud;

10         providing that an underpayment or overpayment

11         may not be based on certain projections;

12         requiring that all pharmacies be audited under

13         the same standards; limiting the period that

14         may be covered by an audit; requiring that the

15         Agency for Health Care Administration establish

16         a procedure for conducting a preliminary

17         review; authorizing the agency to establish

18         peer-review panels; requiring that the agency

19         dismiss an unfavorable audit report if it or a

20         review panel finds that the pharmacist did not

21         commit intentional fraud; providing an

22         effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Medicaid audits of pharmacies.--

27         (1)  Notwithstanding any other law, an audit of the

28  Medicaid-related records of a pharmacy licensed under chapter

29  465, Florida Statutes, must be conducted as provided in this

30  section.

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    Florida Senate - 2002                                  SB 2368
    1-712-02




  1         (a)  The agency conducting the audit must give the

  2  pharmacist at least 2 weeks' prior notice of the audit.

  3         (b)  An audit must be conducted by a pharmacist

  4  licensed in this state.

  5         (c)  Any clerical or recordkeeping error, such as a

  6  typographical error, scrivener's error, or computer error

  7  regarding a document or record required under the Medicaid

  8  program does not constitute a willful violation and is not

  9  subject to criminal penalties without proof of intent to

10  commit fraud.

11         (d)  A pharmacist may use the physician's record or

12  other order for drugs or medicinal supplies written or

13  transmitted by any means of communication for purposes of

14  validating the pharmacy record with respect to orders or

15  refills of a legend or narcotic drug.

16         (e)  A finding of an overpayment or underpayment must

17  be based on the actual overpayment or underpayment and may not

18  be a projection based on the number of patients served having

19  a similar diagnosis or on the number of similar orders or

20  refills for similar drugs.

21         (f)  Each pharmacy, regardless of whether the pharmacy

22  is a community pharmacy, an institutional pharmacy, or a

23  special pharmacy, shall be audited under the same standards

24  and parameters.

25         (g)  A pharmacist must be allowed at least 10 days in

26  which to produce documentation to address any discrepancy

27  found during an audit.

28         (h)  The period covered by an audit may not exceed 1

29  calendar year.

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    Florida Senate - 2002                                  SB 2368
    1-712-02




  1         (i)  An audit may not be scheduled during the first 5

  2  days of any month due to the high volume of prescriptions

  3  filled during that time.

  4         (j)  The audit report must be delivered to the

  5  pharmacist within 90 days after conclusion of the audit.

  6         (2)  The Agency for Health Care Administration shall

  7  establish a process under which a pharmacist may obtain a

  8  preliminary review of an audit report and may appeal an

  9  unfavorable audit report without the necessity of obtaining

10  legal counsel. The preliminary review and appeal may be

11  conducted by an ad hoc peer-review panel, appointed by the

12  agency, which consists of pharmacists who maintain an active

13  practice. If, following the preliminary review, the agency or

14  review panel finds that an unfavorable audit report lacks

15  merit and finds that the pharmacist did not commit intentional

16  fraud, the agency shall dismiss the audit report without the

17  necessity of any further proceedings.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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21            *****************************************

22                          SENATE SUMMARY

23    Provides requirements for audits of the Medicaid records
      of pharmacies. Requires that a pharmacist be given 2
24    weeks' prior notice of an audit. Requires that there be
      proof of intent to commit fraud before a pharmacist is
25    subject to criminal penalties. Provides that the period
      subject to audit may not exceed 1 year. Requires the
26    Agency for Health Care Administration to provide for
      preliminary reviews of an unfavorable audit report.
27    Requires dismissal of an audit report if the pharmacist
      did not commit intentional fraud. (See bill for details.)
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