Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1986
       
       
       
       
       
       
                                Barcode 158304                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Criminal Justice (Dean) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 901 - 922
    4  and insert:
    5  prior to the start of any investigation.
    6  	(22) The audit report, supported by agency work papers,
    7  showing an overpayment to a provider constitutes evidence of the
    8  overpayment. A provider may not present or elicit testimony,
    9  either on direct examination or cross-examination in any court
   10  or administrative proceeding, regarding the purchase or
   11  acquisition by any means of drugs, goods, or supplies; sales or
   12  divestment by any means of drugs, goods, or supplies; or
   13  inventory of drugs, goods, or supplies, unless such acquisition,
   14  sales, divestment, or inventory is documented by written
   15  invoices, written inventory records, or other competent written
   16  documentary evidence maintained in the normal course of the
   17  provider’s business. Notwithstanding the applicable rules of
   18  discovery, all documentation that will be offered as evidence at
   19  an administrative hearing on a Medicaid overpayment must be
   20  exchanged by all parties at least 14 days before the
   21  administrative hearing or must be excluded from consideration.
   22  The documentation or data that a provider may rely upon or
   23  present as evidence that an overpayment has not occurred must
   24  have been created prior to the start of any agency
   25  investigation, and must be made available to the agency