| 1 | A bill to be entitled |
| 2 | An act relating to licensure of home health agencies, home |
| 3 | medical equipment providers, and health care clinics; |
| 4 | designating Miami-Dade County as a health care fraud area |
| 5 | of special concern for certain purposes; creating s. |
| 6 | 408.8065, F.S.; providing requirements for licensure of |
| 7 | home health agencies, home medical equipment providers, |
| 8 | and health care clinics; requiring the posting of a surety |
| 9 | bond in a specified minimum amount under certain |
| 10 | circumstances; requiring demonstration of financial |
| 11 | viability; providing limitations on licensing of home |
| 12 | health agencies in certain counties; providing an |
| 13 | exception for existing applicants accredited by an |
| 14 | organization recognized by the Agency for Health Care |
| 15 | Administration; providing penalties; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. The Legislature hereby designates Miami-Dade |
| 21 | County as a health care fraud area of special concern for |
| 22 | purposes of implementing increased scrutiny of home health |
| 23 | agencies, home medical equipment providers, and health care |
| 24 | clinics in Miami-Dade County in order to assist the state's |
| 25 | efforts to prevent Medicaid fraud, waste, and abuse in the |
| 26 | county and throughout the state. |
| 27 | Section 2. Section 408.8065, Florida Statutes, is created |
| 28 | to read: |
| 29 | 408.8065 Licensure requirements for home health agencies, |
| 30 | home medical equipment providers, and health care clinics.-- |
| 31 | (1) An applicant for initial licensure or a change of |
| 32 | ownership licensure as a home health agency, home medical |
| 33 | equipment provider, or health care clinic shall comply with the |
| 34 | following requirements: |
| 35 | (a) To be an applicant or controlling interest in a home |
| 36 | health agency, a home medical equipment provider, or a health |
| 37 | care clinic licensed under this section, an applicant must have |
| 38 | been a legal resident of the United States for at least 5 years, |
| 39 | unless the applicant files a surety bond of at least $500,000, |
| 40 | payable to the agency, which guarantees that the home health |
| 41 | agency, home medical equipment provider, or health care clinic |
| 42 | will act in full conformity with all legal requirements for |
| 43 | operation. |
| 44 | (b) An applicant must demonstrate financial ability to |
| 45 | operate, as required under s. 408.810(8), and submit a financial |
| 46 | statement, including a balance sheet and an income and expense |
| 47 | statement, for the first year of operation that provides |
| 48 | evidence that the applicant has sufficient assets, credit, and |
| 49 | projected revenues to cover liabilities and expenses. The |
| 50 | applicant must demonstrate the financial ability to operate if |
| 51 | the applicant's assets, credit, and projected revenues do not |
| 52 | meet or exceed projected liabilities and expenses. The applicant |
| 53 | must also prove it has the ability to fund all startup costs |
| 54 | through the break-even point in operations by submitting a |
| 55 | statement of estimated provider startup costs and sources of |
| 56 | funds. The statement shall disclose, at a minimum, reasonable |
| 57 | anticipated startup costs, including operating funds needed to |
| 58 | reach the break-even point when operating receipts equal or |
| 59 | exceed expenditures. To reach the break-even point, at a |
| 60 | minimum, operating funds must be equal to 2 months' average |
| 61 | expenses to cover working capital and contingencies. The |
| 62 | applicant must provide documented proof that these funds will be |
| 63 | available as needed. All documentation required under this |
| 64 | subsection must be prepared in accordance with generally |
| 65 | accepted accounting principles and may be in a compilation form. |
| 66 | The financial statement must be signed by a certified public |
| 67 | accountant. |
| 68 | (3) The agency may not issue a license to a home health |
| 69 | agency under part III of chapter 400 or this part for the |
| 70 | purpose of opening a new home health agency until July 1, 2010, |
| 71 | in any county with at least one actively licensed home health |
| 72 | agency and a population of persons 65 years of age or older, as |
| 73 | indicated in the most recent population estimates published by |
| 74 | the Executive Office of the Governor, that is fewer than 1,200 |
| 75 | per home health agency. For any complete application submitted |
| 76 | prior to July 1, 2009, the agency may issue a license only if |
| 77 | the applicant has received accreditation before May 1, 2009, |
| 78 | from an accrediting organization that is recognized by the |
| 79 | agency. |
| 80 | (4) In addition to the requirements of s. 408.812, any |
| 81 | person offering services requiring licensure under part III, |
| 82 | part VII, or part X of chapter 400; any person who knowingly |
| 83 | files a false or misleading license or license renewal |
| 84 | application or who submits false or misleading information |
| 85 | related to such application or agency rule; and any person who |
| 86 | violates or conspires to violate this section commits a felony |
| 87 | of the third degree, punishable as provided in s. 775.082, s. |
| 88 | 775.083, or s. 775.084. |
| 89 | Section 3. This act shall take effect July 1, 2009. |